Drone Regulations

1. Are UAS considered as “aircraft” in your country?

Bahamas

A UAS is referred to as Remotely Piloted Aircraft (“RPA”) in Bahamian legislative parlance and is considered as an aircraft in The Bahamas. An aircraft is defined under the Civil Aviation Act, 2021 as a “machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface”. The Bahamas has a regulatory framework which gives guidance on RPAs.

Bolivia

In the Plurinational State of Bolivia the Civil Aviation Authority, Dirección General de Aeronáutica Civil (DGAC), through Regulatory Bulletin Nº AAP-0149/2019 (Nº DGAC/042/2019) dated 30 April 2019 defines UAS as aircrafts.

Brazil

Yes. However, Brazil does not authorize the use of autonomous UAS but only remoted UAS. Brazil also ratified the Chicago Convention, which in its article 8 prohibits self-operated aircraft or autonomous UAS; consequently, they are not authorized by ANAC.

Canada

Yes

Colombia

In Colombia Resolution 4201 of 2018 issued by civil aviation authority consider UAS as aircraft according to ICAO Circular No. 328. Before this resolution, civil aviation authority considered only RPAS as aircrafts in the Circular No. 02 of 2015.

Costa Rica

According to the Operational Directive N° DO-001-OPS-RPAS, enforceable as of August 13th, 2017, UAS are defined as “aircraft and related elements that operate without pilot on board”.

El Salvador

According to the Regulation of Unmanned Aerial Vehicles (RAC- VANT), issued on April 27th 2017, UAS are aircraft, including those with fixed wings and rotary wings and unmanned blimps, to be used in aerial work, experimental and recreational flights different from aircraft modeling.

Germany

Yes, UAS are considered aircraft under German law. It is somewhat surprising that “pilotless aircraft” had already been considered aircraft under the Chicago Convention asearly as 1944.

Due to the broad range of UAS and their missions, as well as their fast technological progress, regulation in Germany has remained an ongoing legislative challenge. With a first legislative change in 2012, the German Aviation Act (Luftverkehrsgesetz/LuftVG) was amended and the legal definition of aircraft was broadened to explicitly include UAS.

German law differentiates within the definition of ‘aircraft’, among others, between model aircraft (“Flugmodelle”) and UAS (“unbemannte Luftfahrtsysteme”). According to the legal definition, UAS are not operated for the purpose of sports or recreational activity. If the UAS are merely used for hobby or recreational purposes, they qualify as ‘model aircraft.’ UAS as aircraft are subject to German aviation regulations, particularly the German Air Traffic Regulation (Luftverkehrs-Ordnung/LuftVO).

Guatemala

According to the Aviation Regulation No. 101 (RAC-101) issued by the Civil Aviation Authority (DGAC by its acronym in Spanish) in July 22nd, 2013, UAS are considered as aircraft.

India

Yes, UAS are considered ‘aircraft’ in India. The Aircraft Rules, 1937 (Aircraft Rules) define ‘aircraft’ as “any machine which can derive support in the atmosphere from reactions of the air other than reactions of the air against the earth’s surface and includes balloons whether fixed or free, airships, kites, gliders and flying machines”.

Further, the “Requirements for Operation of Civil Remotely Piloted Aircraft System (RPAS)” (CAR) defines UAS as “an aircraft and its associated elements, which are operated with no pilot on board”. As per the CAR, a remotely piloted aircraft, its associated remote pilot station(s), command and control links and any other components together form the UAS. Remotely piloted aircraft, autonomous aircraft, and model aircraft are various sub-sets of UAS.

Israel

According to Israeli law , certain UAS are considered “aircraft” while others are not – depending on their use and size.

The Air Navigation Law, 2011 (the “Air Navigation Law”), distinguishes between two types of airspace users: “aircraft” and “gliders” (“gliders” is not a precise or comprehensive translation of the Hebrew term appearing in the Air Navigation Law”, but is used for convenience in the responses to this questionnaire).

“Aircraft” is defined in Section 1 of the Air Navigation Law as “a device that can be supported in the atmosphere by air reactions which are not air reactions in contact with the earth, excluding gliders and other devices determined by the Minister”. “Gliders” are defined in Section 1 of the Air Navigation Law as:

(1) Hang-Glider;
(2) Powered Hang-Glider;
(3) Paraglider;
(4) Powered Paraglider;
(5) Powered Parachute;
(6) Unmanned radio-controlled model airplane…which is used for recreational or sports purposes;
(7) Such device as the Minister [of Transportation] shall specify pursuant to Section 93(c) of the Law.

The only device included in the definition of “gliders” in the Air Navigation Law which may perhaps be considered a UAS (or a UAV) is that specified in paragraph (6) and (7) of the definition,

Pursuant to the Air Navigation Regulations (Operation of Aircraft and Flight Rules) 1981, promulgated by the Minister of Transportation (“the Operation Regulations”), “aircraft” is defined as not including (1) an unmanned device which is radio-controlled, which weighs less than 300 grams (whether powered by an engine or not); and (2) an unmanned device which is not radio-controlled, whether it is powered by an engine or not.

Hence, a UAS which is used for recreational or sports purposes will not be considered an “aircraft” (but rather a “glider”) under the said Law and Regulations. However, a UAS which is used for commercial or general (including professional) purposes will be considered an “aircraft”, with the exceptions set forth in the Operation Regulations.

Please note that all names of, and citations from the Israeli law or regulations are unofficial translations into English from the original Hebrew; in the case of any discrepancy in construing the applicable law or regulation, the Hebrew version shall prevail.
See: the explanation on the CAAI website under the heading “What is a multi-blade (drone)?”: Https://www.gov.il/he/Departments/faq/faq-uav (in Hebrew).

Due to the increasing use of UAS, and given the understanding that the existing legal framework does not sufficiently cater for them, the Israeli Civil Aviation Authority (the “CAAI”) published draft regulations specifically addressing the public use of UAS. Having regard to the simplicity of the US Federal Aviation Administration regulations covering this topic and the experience gained from their implementation since their introduction in the US in 2016, the draft regulations prepared by the CAAI are largely based on the US model, rather than the corresponding European form. Within this context, the CAAI published two separate sets of regulations – one covering the operation of small unmanned aircraft (Small Drones) , and the other covering the operation of radio-controlled model airplanes (RCMAs).

The Draft Regulations (Small Drones) are meant to exclude UAS which fall under the definition of a “small drone” according to the Draft Regulations (see: footnote 5) from the scope of many of the current regulations (including the Operation Regulations), and some of the sections of the Air Navigation Law, which apply to “aircraft”. However, since these regulations have yet to enter into force, the answers to some of the following questions will refer both the current legal situation and the legal situation under the Draft Regulations.

Italy

Pursuant to article 743 of Italian Navigation Code, UAS are considered aircraft as defined by special laws, regulations issued by ENAC (i.e. the Italian Civil Aviation Authority) and by decrees of the Ministry of Defence for military UAS. Furthermore, the regulation issued by ENAC identifies as UAS subject to the provisions of Italian Navigation Code only those used for commercial and professional purposes (so called “specialised operations”).

Kenya

Yes. The civil aviation sector in Kenya is regulated primarily by the Civil Aviation Act No. 21 of 2013 as amended by the Civil Aviation (Amendment) Act, 2016 (the Amendment Act) (together the CAA) and the regulations promulgated thereunder.

The operation of UAS in Kenya was first legally recognised by the Amendment Act. Subsequently, the Kenya Civil Aviation Authority (KCAA) promulgated the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017 (the RPAS Regulations) to regulate the ownership and operation of remotely piloted aircraft. However, the National Assembly Committee on Delegated Legislation on the RPAS Regulations recommended that the RPAS Regulations be annulled in their entirety on, among other grounds, that there was insufficient public participation, the penalty for offences in the RPAS Regulations exceeded the penalty provided in the CAA (the parent legislation)[1] and that the Regulations did not address issues of national security and privacy of persons and property. The National Assembly agreed with the recommendation and annulled the RPAS Regulations on 26 June 2018.

Following the annulment of the RPAS Regulations, KCAA started the process of promulgating new regulations in compliance with the recommendations of the National Assembly Committee and has recently published the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019 (the Draft Regulations[2]). These are undergoing stakeholder review and are to be forwarded to the National Assembly for approval in due course.

Currently, it is illegal to operate a UAS in Kenya due to the lack of a clear regulatory framework. This is expected to be remedied on promulgation of the Draft Regulations.

[1] Section 24 (2) of The Statutory Instruments Act No. 23 of 2013, Laws of Kenya provides that a statutory instrument (regulation) shall not be inconsistent with the provisions of the enabling legislation, or of any Act, and the statutory instrument shall be void to the extent of the inconsistency.

[2] The Draft Regulations have no force of law in Kenya until they are approved by Parliament.

Mexico

Yes. They are considered as aircraft: RPAS (Remote Piloted Aircraft Systems) or RPA (Remote Piloted Aircraft).

Nicaragua

Yes, UAS are considered aircraft according to the Regulation No. 34-2014 issued by the Nicaraguan Institute for Civil Aviation (INAC by itsacronym in Spanish). This regulation establishes that aircraft capable of flying without a pilot are not allowed to operate in Nicaraguan territory.

Norway

As a starting point – yes. However, pursuant to section 15-1 of the Norwegian Aviation Act 1993 (the “Aviation Act”), the Ministry of Transport and Communications is given authority to give derogative regulations for aircraft without a human pilot on board. This opportunity has been applied by Regulations FOR-2015-11-30-1404 on aircraft without a human pilot on board etc. (the “UAS Regulations”).

It should also be noted that UAS which are exclusively used for recreational, sports, or competition purposes are to be regarded as model airplanes and not “aircraft”. Such operations are nevertheless considered as “aviation” and provisions of the Aviation Act not specific to “aircraft” will apply.

Pakistan

Yes, a UAS is considered an aircraft in Pakistan, as per the definition of the word “aircraft” provided in the Civil Aviation Ordinance 1960 (the “Ordinance”), which defines an aircraft as “any machine which can derive support in the atmosphere from reactions of the air, and includes balloons, whether captive or free, airships, kites, gliders and flying machines”.

Panama

An RPAS is considered as an aircraft in Panama. The Aeronautical Standard No. AAC/DSA/DG/01-16, which regulates all the aspects and the registration of RPAS in Panama, defines aircraft as a machine that can be sustained in the atmosphere from reactions of the air, and not by the reactions of the same against the earth’s surface.

Philippines

Yes. Civil Aviation Authority Act of 2008 (the “Act”) provides that an “aircraft” refers to any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface. The term “aircraft,” when used in this Act or in regulations issued under this Act, shall refer to civil aircraft only, and will not include State or public aircraft. 

Part 14 of the Civil Aviation Regulations-Air Navigation Services (CAR-ANS Part 14) provides for the following relevant definitions: (1)  “Remotely Piloted Aircraft” (RPA) as an unmanned aircraft which is piloted from a remote pilot station; (2) “Remote Pilot Station” as the component of the remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft; (3) Remotely Piloted Aircraft System (RPAS) is defined as a remotely piloted aircraft, its associated remote pilot station(s), the required command and control links and any other components as specified in the type design.  

The legal definition of a drone is a Remotely Piloted Aircraft (“RPA”) and is a sub-type of a UAS. The Philippine Civil Aviation Regulations (“PCAR”) defines a Remotely Piloted Aircraft (“RPA”) as an unmanned aircraft which is piloted from a remote pilot station. This discussion is specific to RPA type UAS (i.e. drones). Other types of UAS have other specific requirements. 

Portugal

A new regulation from the Portuguese Civil Aviation Authority (ANAC) on the operation of UAS was recently enacted in Portugal (ANAC’s Regulation nr. 1093/2016 of 14th December 2016 which came into force on 14th January 2017). Under the rules set forth in the said regulation, all UAS, including UAS toys (i.e. UAS without a combustion engine, with less than 0.250 kg and only intended to be used for recreational purposes by children with less than 14 years of age), are qualified as aircraft.

Puerto Rico

Yes. Puerto Rico, being part of the United States of America (USA), is subject to the jurisdiction of the Federal Aviation Administration (FAA), and applicable regulations. Puerto Rico is treated as a State for these purposes.

At this time, there is no State (Puerto Rico) law that regulates this matter. However, there is pending proposed legislation.

Romania

Yes, UAS are considered as “aircraft” in Romania. They are defined as “aircraft without pilot” by the law (article 3.81 from the Aviation Code). They are also referred to as UAV in secondary legislation. Generally, the law makes distinction between various UAS in accordance with their weight and technical characteristics.

Mainly, there are two UAS classes:

  1. Class A: UAS with maximum weight when taking off below 25 kg, with the following restrictions:
  1. Aerodynes:
  • UAS with piston engine: total cylindric capacity less or equal with 150 cm³,
  • UAS with electrical engine: total power less or equal with 15kW;
  • UAS with turbo engine: total power less or equal with 15kW,
  • UAS with reactor engine: total traction less or equal with 30daN, with a fraction for traction/weight without fuel less or equal with 1.3;
  1. Aerostat:
  • UAS with warm air: total mass of gas less or equal with 5 kg,
  • UAS with inert gas: structural maximum mass less than 25 kg.

When a UAS class A has several types of propulsion, the limit is established pro-rata with the maximum values above.

  1. Class B1: any UAS which does not fall under the limitations set forth for class A and which has a weight of less than 150 kg.

South Africa

Yes. The Civil Aviation Act defines an ‘aircraft’ as any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the surface of the earth. The Civil Aviation Regulations (CARs) refer to a UAS as a ‘remotely piloted aircraft’ and define it as an unmanned aircraft which is piloted from a remote pilot station, excluding model aircraft and toy aircraft. Furthermore, an ‘autonomous unmanned aircraft’ means an unmanned aircraft that does not allow intervention in the management of the flight. Accordingly, a UAS is considered an aircraft in South African law.

Spain

Yes, they are. Pursuant to article 11 of the Law 48/1960 of 21st July, of Air Navigation (the “Air Navigation Act”), UAS are considered as aircraft in Spain and therefore subject to the specific aviation law both domestic and European.

Said article 11 has suffered recent changes in the last years. The first change, in 2014, was made to include the remotely-piloted definition of these devices in the definition of aircraft. The second amendment of this article, in 2020, extended said definition to completely autonomous aircraft in accordance with the new European regulations. 

It is worth pointing out that even if UAS are considered aircrafts, and therefore the legislation applicable to aircraft also apply on their operations, if said operations are performed indoors, no aerial regulations shall apply to these flights.

Switzerland

Unmanned Aircraft Systems (UAS) are considered as aircraft but are subject to special regulation in Switzerland.

Turkey

Yes; pursuant Article 3(b) of the Turkish Civil Aviation Law a vehicle which is able to fly is an aircraft thus an unmanned aerial vehicle/system (UAV/UAS, in Turkish “IHA”) is legally an aircraft under Turkish law. In Turkey IHA’s (unmanned aerial vehicles, “UAV”) are classified by their maximum take of mass (“MTOM”).

  • UAS0 has a MTOM between 500g’s (inclusive) and 4kg’s.
  • UAS1 has MTOM between 4kg’s (inclusive) and 25kg’s.
  • UAS2 has MTOM between 25kg’s (inclusive) and 150kg’s.
  • UAS3 has a MTOM over 150kg’s (inclusive)

United Kingdom

Drones are considered ‘unmanned aircraft’ by the UK CAA; ‘an aircraft that does not carry a human operator’.

United States of America

Yes. The United States Transportation Code defines an “aircraft” as “any contrivance invented, used, or designed to navigate, or fly in, the air”. The Federal Aviation Administration (the “FAA”) has adopted the term “unmanned aircraft” or “unmanned aircraft system” to describe the subset of aircraft that are commonly known as “drones.” The FAA defines an “unmanned aircraft” as an aircraft that is “operated without the possibility of direct human intervention from within or on the aircraft.” (FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, § 331(8), 126 Stat. 11, 72 (2012), which is referred to herein as the “FAA Modernization Act”, and which has directed the promulgation of regulations specific to UAS). Additionally, the term “unmanned aircraft system” has been adopted by the FAA in recognition of the fact that an unmanned aircraft system includes not only the airframe, but also associated elements necessary for the safe and efficient operation of the aircraft, such as the control station and communication links.

Additionally, some UAS may qualify as “model aircraft.” A model aircraft is an “unmanned aircraft that is – (1) capable of sustained flight in the atmosphere; (2) flown within visual line of sight of the person operating the aircraft; and (3) flown for hobby or recreational purposes” (FAA Modernization Act § 336(c), which is referred to herein as the “Special Rule for Model Aircraft”).