Drone Regulations

8. What procedures are there to obtain licenses or the rights to operate UAS?

Bahamas

No person may operate a RPA unless, it has been issued a ROC in respect of the same.

An applicant for an ROC must:

1. satisfy the CAA-B that it is able to conduct safe operations through:
a. an adequate organization,
b. method of control,
c. supervision of flight operations,
d. training programs, and
e. ground handling and maintenance arrangements.
2. have a nominated Accountable Manager and compliance personnel
3. provide a Safety Management System (RPAs greater than 150 kg);
4. conduct a risk assessment; (RPAs less than 150 kg); and
5. demonstrate its ability to comply with all applicable regulations.

 

Application for a certificate of registration is made online. The online generated certificate is signed by the applicant and is taken to the Bahamas Customs Department. The Bahamas Customs Department will release any detained RPA once customs duties and other import related fees are paid.

Bolivia

For all UAS with a maximum takeoff weight (MTOW) equal or above 250 grams the owner or pilot at distance must obtain a registration number from the CAA on-line. For all UAS with a weight equal or above 6 kg. up to 10Kg. the owner or pilot at distance must pay a fee to request the registration on-line. When the UAS weight is above 10Kg. the owner must appear in person before the CAA in order to request the registration. The minimum age to request the registration is 18 years of age.

Brazil

For RPA’s of class 3 operating below 400 feet AGL ANAC stablished a simple form of certification where the owner of a RPA will himself provide the necessary information in relation to its RPA through the ANAC’s website. There is no need for a specific pilot certification. It differs from a formal registration procedure and it has a more constitutive nature as the owner himself will provide the necessary information of the RPA instead of ANAC’s specific issuance of a certificate of registration.

For classes 1, 2 and 3 (the later only if above 400 feet) in addition to pilots registration as described in section 7 herein all remoted pilot aircraft (RPA) should be registered with the Brazilian Aeronautical Registry. Each RPA will have an experimental registration certificate or a certificate of registration, as applicable.

Canada

The operation of model aircraft that are used for recreational purposes with total weight not exceeding 35 kg (77.2 pounds) do not have to obtain an SFOC but do have a list of operating and flight provisions.  A model aircraft cannot be operated at an altitude greater than 300 feet AGL, within controlled airspace, within restricted airspace, over or within the security perimeter to a police or first responder emergency operation site, over or within an open-air assembly of persons, at night or in cloud.  In addition, no person shall operate more than one model aircraft at a time; a model aircraft cannot be operated within specified distances of vehicles, vessels, the public, aerodromes, natural hazards or disasters; it must be operated within visual line of sight at all times; and it cannot be operated at a lateral distance of more than 1640 feet (500 m) from the operator’s location.

For UAS used for non-recreational purposes, whether a Special Flight Operations Certificate is needed is conditional on the weight of the UAS:

  • If the UAS weighs more than 35 kg, an SFOC is required.
  • If the UAS weighs less than 1 kg, there is an exemption from the requirement to obtain an SFOC as long as a number of conditions are met, including, without limitation, safe operation, minimum age requirement, liability insurance, no alcohol within 8 hours of operation, operation within continuous unaided visual line of sight contact, pilot training, etc.  This exemption is valid until December 31, 2019.
  • If the UAS weighs more than 1 kg but less than 25 kg, there is an exemption from the requirement to obtain an SFOC as long as a number of conditions are met, including, without limitation, safe operation, minimum age requirement, liability insurance, no alcohol within 8 hours of operation, operation within continuous unaided visual line of sight contact, pilot training, etc. The conditions for this weight category are more extensive than when the UAS weighs less than 1 kg. This exemption is valid until December 31, 2019.

Colombia

Procedure depends, if it is a public UAS must be register and authorized by AAES.

All civil UAS owners must register they and them UAS before UAEAC data base. Class A UAS do not need any licenses to operate however Class B need to obtain an operation authorization.

In that way, the procedure for Class B UAS operation authorization require to fulfill the following steps:

  1. Owner of the UAS shall require the authorization before Air Navigation Services Direction (DSNA) of the UAEAC. The requirement must contain:
  • City and date
  • Name and ID of the owner
  • Place of the launch and the operation area
  • Altitude that aircraft requires for the operation
  • Route or patter
  • Time of the operation, including start time
  • Name and identification of operator or operators
  • Operation description
  • Total weight at take off time
  • Telephone to contact during the operation
  • Declaration that certifies the UAS is in adequate technical conditions for a save operation
  • Surety or insurance to respond for damages to third parties

2.     DSNA should give or deny the authorization in the following five days except when the authorization implies public interests in which case DSNA should give or deny the authorization in the following twelve hours.

If the requirement implies overflight non authorized zones the DSNA must coordinate with AAES.

 

Costa Rica

To operate commercial RPAS, it is mandatory to obtain an Operational Certificate (CO) and a Certificate of Exploitation (CE), according to the CivilAviation Act. The application must include, among other requirements, the following: personal information of the owner and the pilots; type of drone and its technical characteristics; description of activities that will be performed; financial statements; security risk analysis; Operations Manual; Maintenance Program; and civil liability insurance policy.

To operate noncommercial RPAS, the applicant does not need to go through the certification process, but they need to file the same informationmentioned in the above paragraph, except the Operations Manual and the Maintenance Program.

El Salvador

To obtain an authorization to operate UAS, the aircraft and the operator must be registered before AAC.

The application to register the UAS must contain the following information: owner’s name and ID number, contact information (telephone number and email address), UAS’ manufacturer, model and serial number, Remote Pilot Station or remote-control device serial numbers, radio frequency control, and any other information requested by AAC. Each UAS will have a unique ID number to identify them.

UAS operators must file a form with the following information: name and ID number, contact information such as mail address, telephone number and email, the aeronautic licenses and any other information AAC may request. The registration of operators is only for census and does not ensure the competence or expertise of the operator.

Germany

According to section 19 (3) German Air Traffic Regulation (Luftverkehrs-Ordnung/LuftVO) all UAS and model aircraft with a Minimum Take Off Mass (MTOM) of 0.25 kg must be marked with a permanent and fireproof label indicating the name and the address of the owner.

Operators of UAS with an MTOM of 2.0 kg will additionally need to prove particular skills regarding the operation of UAS and the respective legal provisions. The certification can be a pilot license or a certificate from an aviation sports club in case of model aircraft or by taking an examination from an agency recognized by the Federal Aviation Office.

In addition, the competent authority can request further documents, like the landowner’s consent for the ascent, in order to issue the certificate.

Such certificates may be issued to persons of a minimum age of 16 years and are valid for five years.

Furthermore, according to section 21a (1) German Air Traffic Regulation (Luftverkehrs-Ordnung/LuftVO) certain UAS require an authorization to fly granted by the relevant state authority. The operator can apply for a general authorization, which usually is valid for 2 years. Further, on an application for a specific case-by-case authorization is possible.

Such authorization is required for the following types of UAS:

  • UAS and model aircraft with an MTOM of 5 kg;
  • Rocket powered UAS and model aircraft whose propellant mass exceeds 0.2 kg;
  • All kinds of UAS and model aircraft that are flown at night;
  • All kinds of UAS and model aircraft that are flown within 1.5 km from an airport, and;
  • UAS with a combustion engine if they are flown within 5 km from a residential area.

According to section 21a (3) German Air Traffic Regulation (Luftverkehrs-Ordnung/LuftVO) such authorization will be granted if:

  • The intended operation will not have any impact on aviation safety, public safety and order, in particular not violating provisions regarding data and natureprotection, and,
  • Provide an adequate protection against aircraft noise.

Guatemala

To operate UAS, the aircraft and the operator must be registered before DGAC. To obtain the CO, the applicant must have training as a radio operator,  passed a theoreticalaviation exam,  completed a capacitation course and 5-hour flight experience. The applicant must file a request containing the following data: information of the aeronautic license, details of aviation experience, details of theoretical experience including the radio operation, details of experience and operation of UAS, evidence of any educational course for operating UAS. The DGAC may gather more information if needed and will issue the Certificate if the applicant meets the requirements.

In addition, UAS must be registered at the Aeronautic Register of DGAC, and they will be given an identification number according to the following format “UAV-TG-XXX”. In case there is a UAS utilized for commercial purposes, the applicant must have a Certificate of Operation (CO) according to Air Regulation No. 119 and a Certificate of Exploitation according to the Regulation No. 384-2001. Regarding the Big UAS, they must have a special Certificate of Airworthiness or a Certificate of Experiment.

India

All civil UAS operators require UAOP from DGCA except Nano UAS operating below 50 ft above ground level (AGL) in uncontrolled airspace/enclosed premises, micro UAS operating below 200 ft AGL in uncontrolled airspace/enclosed premises, and UAS owned and operated by NTRO, ARC and Central Intelligence Agencies. All civil UAS operators except entities specified above have to submit an application through an online platform (called the Digital Sky Platform) to the DGCA along with requisite fees for issue of UAOP at least 7 working days prior to the actual commencement of operations along with the following documents: (i) Standard operating procedures prepared by the operator; (ii) Permission of the land/property owner (only for area used for take-off and landing of UAS); (iii) Details of remote pilot(s) along with security clearance from MHA or self-attested copies of at least two out of three valid identity proofs viz. passport, driving license or aadhar card and copies of training records; (iv) Insurance details; and (v) Security programme as approved by BCAS. UAOP granted by the DGCA is valid for a period of five years from the date of issue and is non-transferrable. Renewal of the UAOP is subject to fresh security clearance from MHA.

Israel

Permits for commercial or general operation (other than sports or leisure):

There are three types of permits for the commercial or general operation of UAS:

• an indoor operation permit – a permit for operating the UAS from an operating station;

• an outdoor operation permit – a permit enabling outdoor operation of the UAS by maintaining eye contact with it (including a permit to take off and land the UAS); and

• a visual line of sight (VLOS) operation permit – a permit for operating the UAS within eye contact only (without a permit to take off and land the UAS).

In order to obtain an operation permit, the pilot must prove possession of professional knowledge, experience and proficiency, based on a flight log and must also successfully pass a written exam in subjects such as meteorology, air navigation, aviation laws, etc. For indoor and outdoor permits, a CAAI practical exam will also need to be taken and passed. In addition, a UAS pilot must be registered with a certified air operator.

The Draft Regulations (Small Drones), provide that the general operation of UAS (i.e., non-commercial operation) will be permitted even without an operation permit, provided the operator is under the direct supervision of a flight-commander, who can immediately take control of the UAS, if need be. The Draft Regulations also condition grant of the permit to an applicant who is an Israeli citizen or resident.

Permit for leisure or sports operation of a RCMA:

According to Section 163(d) of the Operation Regulations, the operation of a RCMA is permitted only within the framework of an operating permit and in accordance with the rules set forth in such Regulations. In other words, in order to operate a RCMA, it is mandatory to have an operating permit or to operate “within the framework” of such permit (i.e., by being affiliated to an entity holding a permit and that allowing others to operate under its permit). In practice, however, only a handful of RCMA operators do so under an operating permit. It seems that the requirement for issuance of a permit may be attributed to the fact that the Operation Regulations were enacted about four decades ago, when the operation of RCMAs was very expensive, required much knowledge, skill and experience, and was therefore carried out by only a small group of people. The Operation Regulations have not been updated since then, nor have they undergone any adjustment or re-examination in light of developments in the field of RCMAs, or UAS in general, in recent years. Accordingly, the Draft Regulations (RCMA) include provisions requiring that a permit be obtained for the operation of a RCMA, which will be made available to “pilots” over the age of 12 years and subject to applicants passing a written exam.

 

Italy

The professional use of UAS shall be subject to the filing of a declaration in the event of non-critical operations, or to a prior authorization by ENAC in the event of critical operations. Critical operations performed within “standard scenarios” (as published by ENAC) follow the same rules applicable to non-critical operations. Furthermore, the pilot-in-command must have a flight certificate (for UAS with MTOW up to 25 kg) or a flight license (for UAS with MTOW over 25 kg).

Kenya

The Rules of the Air Regulations outline the process of requesting for and obtaining authorisation to operate a UAS engaged in international air navigation in Kenya and the requirements for obtaining such authorisation. Rule 3.1 of the Second Schedule of the Rules of Air Regulation provides that a person requiring authorisation shall make a request to the KCAA not less than seven days before the date of the intended flight. The request shall include all the things listed in Rule 3.2 inter alia the name and the contact information of the operator, the UAS characteristics, copy of the certificate of registration, a copy of the certificate of airworthiness, a copy of the remote pilot (s) licence and the take-off and landing requirements.

On their part, the Draft Regulations require any person who operates a UAS for commercial activities, reward or hire to obtain a Remote Aircraft Operators Certificate (ROC) from KCAA. An operator applying for ROC shall submit its application to KCAA in the manner prescribed by KCAA and containing any other information that KCAA may require within ninety days before the intended date of operation. The Authority may issue an operator with the ROC if it has, among other things, its principal place of business and is registered in Kenya, holds a security clearance issued by the Kenya Ministry of Defence and complies with any other requirements as specified by the Authority.

Mexico

Procedures to obtain RPAS licenses are established on mandatory rules “CO AV23/10 R4”. Requirements depend on the size (light or small, medium and heavy) of the RPA. Also, registration within the DGAC depends on the RPA characteristics.

Nicaragua

There are not procedures or requirements established to obtain licenses or the rights to operate UAS. However, a permit can be requested toINAC if the UAS is going to be operated under 100 feet. Once INAC receives the request it will inspect the drone.

Norway

If the UAS operation in question is considered as flying of model airplanes, there are no licensing requirements. For other UAS operations, the UAS Regulations have different rules based on which category the operations fall within – RO1, RO2, or RO3 – depending on the weight of the UAS and the scope of the operations.

Operations in the RO1 category do not require a license. It is sufficient to send the NCAA a notice prior to the commencement of the operations and a declaration stating that the operator will comply with the applicable requirements as set out in the UAS Regulations. RO2 and RO3 operators must obtain a license from the NCAA.

Pakistan

The person in active control of the URCSUA i.e. the Operator-in-Command or the OIC is subject to the following eligibility requirements:

  1. the applicant must be 17 years of age or above;
  2. the applicant shall hold a Secondary School Certificate (matriculation) or an equivalent qualification;
  3. the applicant has undergone and completed a training course conducted by the airship Manufacturer/Operator in the operations of the type of URCSUA that operator proposes to operate and has received a Competence Certificate or equivalent, and must indicate any applicable ratings;
  4. the applicant must be a member of the URCSUA’s organisation which is duly registered with the CAA;
  5. the applicant shall hold either a valid Micro Light Competency Medical Certificate (MCC) or a higher Medical Certificate from the CAA or its authorised medical officer;

The applicants with the following qualifications and experience shall only require the type training with URCSUA basic subjects and need to satisfy the requirements prescribed in clauses 3,4 and 5 set out above, excluding the extended requirements of 1-17 below (except 3) of this question 8:

  1. The applicant holds or has held a pilot license (PPL or above) or has equivalent military qualifications; or
  2. The applicant is a qualified Air Traffic Control Officer (ATCO) or has an equivalent military qualification; or
  3. The applicant is a qualified Forward Observation Officer (FOO);

The training course as mentioned in paragraph 3 above shall include, but not be limited to, the following subjects:

  1. Air Law – Basic Concepts;
  2. Applicable Rules, ANOs, Directives, Air Safety Circulars;
  3. Airship General Knowledge;
  4. Flight performance and planning;
  5. Human performance and limitations;
  6. Meteorology;
  7. Navigation;
  8. Airship Operational procedures;
  9. Radiotelephony, accident/incident reporting requirements of CAA;
  10. Use of the applicable portions of the Aeronautical Information Public (AIP);
  11. Recognition of critical weather situations from the ground and in flight, wind avoidance, the applicable procurement and use of aeronautical weather reports/forecasts;
  12. The safe and efficient operation of airships including collision avoidance, recognition and avoidance of wake turbulence;
  13. Weight and balance computations;
  14. Principles of applicable aerodynamics, power plants and airship systems;
  15. Aeronautical decision making and judgment;
  16. Pre-flight action as applicable; and
  17. Radio communication skills.

To qualify for the Unmanned Airship Operator’s Certificate, the applicant must have a minimum of 5 hours experience under supervision in operating the type of airship for which the applicant is seeking an Unmanned Airship Operator’s Certificate in an uncontrolled airspace and a minimum of 10 under-supervision landings and take-offs.

Furthermore, the applicant must undertake a skill test to demonstrate his skills to the CAA Inspector or a Designated Examiner in the following fields:

  1. Take off and landings
  2. Circuit flying
  3. Ground level hovering
  4. Altitude hovering
  5. Limited glide
  6. Emergency procedures
  7. Coordination with respective Air Traffic Services units.

Panama

All the RPAs which operate within the Panamanian territory, except the micro RPA, shall be registered at the AAC and need to obtain a registration number.

In sum, the registration process and requirements are as mentioned below:

  1. The operator or owner of an RPA must fill out a form that can be found at the AAC’s website, and provide documentation accrediting that the RPA is their property;
  2. In the mentioned form the operator or owner of the RPA must identify the same indicating the brand, model, weight, color, and serial number;
  3. The RPA must have a nationality and registration number, and if that is not the case, the owner must request the same to the AAC. Once the registration number is assigned, and the RPA is enrolled in the Panamanian registry, the owner must place the nationality marks and registration number in a visible place;
  4. All the RPA’s owners must request the registration number, except the micro RPAs, which are used for sports and recreation purposes;
  5. All the owners of an RPA must have and should provide to the AAC a third-party damage insurance since the owner is the sole entity responsible for any damage caused by the drone;
  6. The operator or owner of the RPA must demonstrate to the AAC that the RPA does not exceed the noise emission levels provided in the local regulations.

It is very important to mention that while all RPA’s operators must have a valid Operation Certificate issued by the AAC, every person who desires to pilot any type of RPA, with the exception of the micro RPA, must obtain an RPA pilot license issued by the AAC and be trained in any matter related with the use of an RPA.

One of the requirements to obtain an RPA pilot license under local regulations is that the applicant has a valid aircraft pilot license or has been in possession of one in the past. The AAC is constantly monitoring all the drone’s operators and pilots to ensure that the quality and compliance with the requirements prescribed in the local regulations are maintained.

Philippines

For commercial purposes, there are a minimum of three (3) registration requirements, namely:  

a) RPA as an Aircraft

An RPA is eligible for registration (and to be issued a Certificate of Registration) if it is owned by or leased to a citizen or citizens of the Philippines or corporations or associations organized under the laws of the Philippines at least sixty per centum (60%) of whose capital is owned by Filipino citizens. A foreign-owned or registered RPA may be eligible for registration, if utilized by members of aero clubs organized for recreation, sport or the development of flying skills.  

b) RPA Operator

For the RPA operator, a person, organization, or enterprise offering to engage in RPA operations or an “RPA Operator” shall submit the following documents with the Authority as pre-application requirements: 

  1. Letter of Intent;
  2. Duly accomplished Pre-Application Statement of Intent (PASI) Form for RPA operator certificate;
  3. The application shall be accompanied by a copy of each of the applicant’s manuals relevant to the operation of RPAs.

In addition, there is an eligibility requirement in relation to a petition to operate as a commercial RPA operator:  

  1. Citizen of the Republic of the Philippines;
  2. Domestic partnership, entities or corporations sixty percent (60%) of the capital of which is owned by a Filipino citizen.

c) RPA Controller  

For the RPA controller, an application for RPA Controller’s Certificate shall be made in writing, signed and sworn to by the applicant, stating among others the type of RPA to be controlled, experience in operating RPAs, and training courses undertaken. 

Portugal

As mentioned before, depending on the nature of the UAS and the type of flight, a prior authorization from ANAC may be required where a number of information pertaining to the type of flight and flight plan, details of the UAS, and the identification of the pilot is required. As a general rule, such authorization must be requested from ANAC with at least 12 working-days in advance and preferably by email.

The use of drones for videos or photography is subject to the prior authorization from the National Aeronautical Authority/Air Force (the request must be made through a specific form filed in person at the National Aeronautical Authority’s office) and may also be subject to prior authorization from the Portuguese Data Protection Commission.

Puerto Rico

FAA rules apply.

Leisure: no pilot requirements.

Commercial: Must have Remote Pilot Airman Certificate; must be 16 years old; must pass TSA vetting.

Romania

  • licenses or the rights to operate UAS?

There are different procedures depending on the weight or technical characteristics of a UAS.

For the UAS under class A that have a maximum take-off mass less or equal to 500 grams there is neither registration nor other permit required to allow their operation.

For UAS class A between 0,500 kg and 15 kg it is required to have an identification certificate (issued by RCAA).

For UAS under class A over 15 kg or class B1 (provided their weight is less than 150 kg) it is required to have an identification certificate as well as a national flight permit issued by RCAA when such are used for air working operations for industrial, agricultural, health, environment, search and saving, scientific research, photography, monitoring, advertising, as well as for other purposes by air operators.

For UAS over 150 kg it is required to hold a registration certificate, an airworthiness certificate and a certified operator. This operator must always have the airworthiness certificate when operating the UAS.

Possessing an insurance policy for damages suffered by third parties, for UAS with maximum take-off mass over 20 kg is mandatory.

The flight permit is obtained based on an application filed with RCAA together with the technical file of the UAS (description of the UAS, characteristics, engine, remote control system, safety measures for third parties, mitigation of risk in case of impact, use of UAS, and manufacturer’s conformity statement).

RCAA issues the national flight permit if the UAS fulfils the conditions set forth by the law, the technical file contains all the data required by the law, and the UAS was verified both on land and in flight by the RCAA inspectors in accordance with a testing program established by RCAA. A metallic plate easily visible shall be applied to the UAS indicating the number of the flight permit.

The identification certificate is issued by RCAA following an application together with information on the owner, operator, UAS (manufacturer, colour, manufacturing number, colour of the insignia, design and layout of the insignia), and history of previous identification procedures.

South Africa

There are set procedures to obtain licenses and rights to operate UAS in South Africa. Any person who wished to operate a UAS within South Africa must obtain a letter of approval by the Director, which is valid for 12 months. Furthermore, a valid remote pilot licence (RPL) is required for commercial, corporate, and non-profit operations of a UAS. An RPL is issued for a two-year period at the end of which the holder must submit to a “revalidation check” before the RPL can be renewed. There are 3 categories of an RPL: Remote Pilot License (Aeroplane) (RPL (A)); Remote Pilot License (Helicopter) RPL (H); and Remote Pilot License (Multi-rotor) RPL (MR). There are also three different ratings of an RPL: visual line-of-sight (VLOS) operations; extended visual line-of-sight (E-VLOS) operations; and beyond visual line-of-sight (B-VLOS) operations.

Spain

Before the entry into force of EU Regulation 2019/947, carrying out an administrative procedure for flying UAS lawfully was required as a general rule. As a result of the entry into force of said EU Regulation in Spain, no license is required to operate UAS in the “OPEN” category.

However, a common rule for all UAS operators, notwithstanding their category or if the operation is professional or for leisure, is the obligation to register themselves in the AESA by electronic means only, obtaining a unique registration code allowing individual identification.

As the risk increases, operational authorisation or just operational declaration will need to be submitted to AESA before starting the flight in the “SPECIFIC” category.

The process to fly in this category with the necessary permits entails to go through an administrative process before the AESA in accordance with the requirements specified in the EU Regulation 2019/947. In this regard, three “licenses” can be granted by AESA depending on the type of flight intended:

  • Operational Authorization: UAS operator will need to file to AESA a request for Operational Authorisation when the intended operation does not meet all the conditions set forth for the “OPEN” category. The request will comprise the definition of all the features of the intended operation, a SORA evidencing actions adopted to mitigate risk during all phases of the flight. AESA will analyse and consider if the risk is properly mitigated and if measures adopted are sufficient. If the outcome is positive, AESA will issue the Operational Authorisation, confirming if it is issued for one or for generic operations.

 

  • Operational Declaration: Certain scenarios will not require a specific Operational Authorisation since the list of risk mitigation measures are generic taking into account the low risk of this “SPECIFIC” flight. In said cases, where a Operational Authorisation could be unnecessary, UAS operator just will need to provide a Operational Declaration to AESA declaring that it is in compliance with all the requirements legally foreseen for said specific operational scenario. Operational Declarations can only be approved for those STS approved by the EASA or by AESA which list will be increased with the increase of the safety in the flights using UAS.

 

  • Light UAS Operator Certificate (“LUC”): Finally, for those UAS operators having a qualified organisation of professionals with a high number of flights or operations, LUC option provides sufficient flexibility to self-authorise the operations without the need to submit declarations or lose time during Operational Authorisation process. This concept is similar for a conventional AOC with less requirements. UAS operators with the intention to obtain LUC will need to evidence sufficient qualification of their personnel and having a safety management system and a quality system duly implemented.

Switzerland

The respective procedures and permits according to the regulations currently applicable differ according to the weight of the respective UAS and its operation:

  • UAS above 150kg: rules and procedures according to European aviation law;
  • UAS between 30kg and 150kg: operations of such UAS require in any case the prior authorization by the FOCA;
  • UAS below 30kg: (i) if an UAS is operated without direct eye contact (BVLOS) and within a radius of 100m from gatherings of people, a FOCA permit is required, and (ii) for flights with UAS at a distance closer than 5km to a runway of a Swiss aerodrome (other than Zurich Airport and Geneva Airport for which currently no permits are being granted) and flights with UAS within the control zone of a Swiss aerodrome if exceeding a height of 150m above ground, an authorization is required from Skyguide or the aerodrome operator (in the case of aerodromes without control zone) (see also Question 6 above).

The permits granted by the competent authority may be subject to certain operational constraints or requirements regarding the UAS, the pilot(s), technology or safety procedures.

With regard to FOCA permits each application requires a safety test evaluated on a case-by-case basis. However, the FOCA applies standard procedures for:

  • operating UAS above private gatherings (also for tethered drones);
  • operating UAS beyond visual line of sight (BVLOS) (see also Question 6 above);
  • operating for first person view drone racing; and
  • the use of UAS for spreading.

Due to the high demand, such permits are currently subject to a processing time of at least four weeks.

For operations that do not qualify for a standard procedure, a complete safety test in accordance with the Joint Authorities for Rulemaking of Unmanned Systems Guidelines on Specific Operations Risk Assessment (SORA) is required. Among other things, a detailed description of the planned activity, the technical system as well as a risk analysis and emergency procedures are to be provided by the applicant. Due to the high demand, such permits are currently subject to a processing time of at least three months.

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

Turkey

UAS pilot licenses are granted by the CAA under the rules and procedures set forth in the Article 14 of the Directive. Licensing criteria and procedures differ for different types of UAS classes and different types of operation (recreational/commercial) as shown in the below table. All pilots must have a clean criminal record.

United Kingdom

To operate commercial drones, or to operate a drone beyond the restrictions imposed on recreational drones, permission must be sought from the UK CAA directly.

United States of America

Parties who operate small UAS for commercial purposes must obtain a remote pilot certificate to operate a small UAS under Part 107 or be under the direct supervision of an operator with such a certificate. To obtain the certificate, the operator must take an aeronautical knowledge test and complete the FAA Airman Certificate and/or Rating Application. Additionally, operators of commercial UAS are vetted by the Transportation Security Administration. Pilots who hold an Airman Certificate issued pursuant to 14 C.F.R. Part 61 may obtain a remote pilot certificate by completing the FAA’s online course, having a current flight review, submitting the appropriate application, and having the application approved by a certificated flight instructor, designated pilot examiner, an airman certification representative for a pilot school, or the local Flight Standards District Office.

Parties who operate small UAS for recreational purposes are not required to obtain a remote pilot certificate.

With respect to large UAS, the Section 333 exemption will specify the pilot qualifications.