Drone Regulations

2. Which bodies regulate the remotely-piloted and/or unmanned aircraft operations in your country, under what basic laws?

Bahamas

The Civil Aviation Authority Bahamas (“the Authority” or “CAA-B”) regulates the
operations of remotely piloted and autonomous aircraft operations in The Bahamas under the Civil Aviation Act, 2021 and the Remotely Piloted Aircraft System (RPAS) Operations Regulations, 2017 (“CAR OPS 4”).

Bolivia

• Civil Aviation Law Nº 2902 of 29 October 2004;

• Bolivian Aeronautical Regulation 91; and

• Regulatory Bulletin Nº AAP-0149/2019 (Nº DGAC/042/2019) dated 30 April 2019.

The Plurinational State of Bolivia has issued, through the Civil Aviation Authority, Dirección General de Aeronáutica Civil (DGAC), Regulatory Bulletin Nº AAP-0149/2019 (Nº DGAC/042/2019) dated 30 April 2019, that establishes the norms for flight, operation and registry of unmanned aircrafts whose weight is above 250 grams.

Brazil

The Brazilian National Civil Aviation Agency (ANAC) is the authorized federal aviation body which rules the registration and operation of any type of aircraft in Brazil including unmanned aircraft and remoted pilots. In 2007 ANAC published the RBAC-E 94 which rules the operation of UAS for civil use. General rules from the Brazilian Aeronautical Code (Brazilian Law 7.565 from 1986) and general criminal, civil and administrative laws in Brazil (principally regulating personal inviolability, private life, dignity and personal image) should also be observed for the use of unmanned aerial vehicles. ANATEL (the ‘Brazilian National Telecommunications Agency’) and DECEA (the ‘Air Space Control Department’) have also issued regulations which must be observed for the operation of UAS.

Canada

Transport Canada under the Aeronautics Act and the Canadian Aviation Regulations.

Colombia

Civil operations are regulated and supervised by Civil Aviation Authority (UAEAC) in Resolution 4201 of 2018. Operations performed by Colombian state are supervised and regulated directly by the state aviation authority (AAES).

According to that, all the current regulation that is available for public consult is the civil UAS regulation (Resolution 4201 of 2018) which is what we are going to study in this document.

Costa Rica

According to the Civil Aviation Act N° 5150 (in force since May 14th, 1973), the Civil Aviation Authority (DGAC by its acronym in Spanish) and the Civil Aviation Technical Council (CETAC) are in charge of setting the operational rules regarding the aviation activities.

DGAC issued the Operational Directive N° DO-001-OPS-RPAS, which establishes the guidelines to operate Remotely Piloted Aircraft Systems (RPAS) in Costa Rica. It is applicable to operations with civil RPAS that weigh less than 150 kg; RPAS with upper weight intended for firefighting, search and rescue activities; and RPAS model aircraft.

El Salvador

The Civil Aviation Act N° 582 (October 19^th 2001) and the Technical Regulation N° 04 (January 11th 2008) are the laws that regulate aviation activities. The Civil Aviation Authority (AAC by its acronym in Spanish) is the entity that controls UAS through the Regulation of Unmanned Aerial Vehicles, which is applicable to UAS operated remotely or autonomously. It excludes from its application all UAS heavier than 25 Kg, UAS operating in closed spaces, grounded balloons, fireworks, kites and State-owned Aircraft.

Germany

According to article 2 I lit. a), b), III lit. a), Art. 3 no. 28, 30 of Regulation (EU) No 2018/1139 (EASA Basic Regulation), the European Union is competent to regulate unmanned aircraft with an operating mass of no more than 150 kg. Hence, aircraft up to 150 kg are being regulated by national laws.

Under article 73 (1) (6) of the German Basic Law (Grundgesetz/ GG), the Federation has exclusive legislative competence in the field of air transport. The concept of air transport is understood comprehensively to include all activities and institutions related to aviation. The German Aviation Act (Luftverkehrsgesetz/LuftVG) is based upon this allocation of competency. The German Aviation Act lays down the legal framework for the use of UAS at national level. It is accompanied by various regulations,in particular the Air Traffic Regulation (Luftverkehrs-Ordnung/LuftVO) and the Air Traffic Licensing Regulations (Luftverkehrs-Zulassungs-Ordnung/ LuftVZO), which were adopted on the basis of sec 32 German Aviation Act (Luftverkehrsgesetz/ LuftVG).

Air transport administration shall be conducted under federal administration, article 87d (1) sentence   1   German   Basic Law (Grundgesetz/ GG).  Responsibilities for air transport administration may be delegated to the Federal States (“Länder”) acting on federal commission by federal law. The Federation has made use of this option in section 31 (2) German Aviation Act (Luftverkehrsgesetz/LuftVG). The tasks listed there are carried out by the federal states on behalf of the federalgovernment.

With regard to the legal framework, the European Commission has established generally binding rules on the use of UAS, in particular by repealing the old Basic Regulation (Regulation (EC) No 216/2008) through the new Regulation (EU) 2018/1139. In this context, the European Aviation Safety Agency (EASA) has developed a regulatory framework. In addition, standards and recommendations related to UAS are being developed internationally by the International Civil Aviation Organization (ICAO).

Guatemala

The Civil Aviation Act No. 93-2000 (December 18^th, 2000) and its Regulation No. 384-2001, establish the rules for the aviation activities in Guatemala. In addition, the Aeronautical Regulation No. 45 (November 30^th, 2014) establishes the requirements for the registration of aircraft; and the Aeronautical Regulation No. 119 (September 22^nd, 2009) sets the rules regarding the Operational Certificates.

The Aeronautical Regulation No. 101 (known as RAC-101) is called “Regulation of Unmanned Aircraft, Model Aircraft and Fireworks”. It establishes the requirements for operating UAS, including model aircraft and the possible effects in the safety of aviation caused by fireworks.

India

DGCA is the principle body which regulates the operations of UAS in India. Further, operating UAS in India may also require clearance and permission from the Ministry of Home Affairs (MHA), the Ministry of Defence, the Bureau of Civil Aviation Security (BCAS) and the Airport Authority of India, depending upon the proposed use.

The CAR, the Aeronautical Information Publication (AIP) prescribing the Procedures for Operation of Civil RPAS in Indian Airspace, along with the Aircraft Act, 1934, and the Aircraft Rules are the basic laws governing the operation of UAS in India.

Israel

The main body responsible for regulating aircraft and gliders, including UAS (whether treated as aircraft or gliders), is the CAAI. The authority of the CAAI is anchored in the Civil Aviation Authority Law, 2005 (the “CAAI Law”). According to Section 4 of the CAAI Law, the CAAI is responsible, inter alia, for:

• Issuing licences, permits and certificates in the field of civil aviation, according to the Israeli aviation laws, inter alia, for aircraft and aviation equipment.

• Monitoring the civil aviation sector, including maintaining an adequate level of air safety for Israeli aircraft and aircraft in the Israeli airspace.

• Collecting and distributing international and domestic aviation information and directives regarding the safety, regularity and efficiency of air transport, in accordance with the Israeli aviation laws.

 

The last draft was published in October 2020.
C.F.R §107 – SMALL UNMANNED AIRCRAFT 14.
The Draft Air Navigation Regulations (Operation of a Small Drone), 2020 (the “Draft Regulations (Small Drones)”); the term “small drone” is defined in the Draft Regulations (Small Drones) as an aircraft operated without the possibility of direct human intervention from or on the aircraft, whose mass on take-off, including anything borne by it and anything attached to it, ranges between 250 grams and 25 kilograms.
The Draft Air Navigation Regulations (Operation of a Radio-Controlled Model Airplane), 2020 (the “Draft Regulations (RCMA)”); the term “radio-controlled model airplane” is defined in the Draft Regulations (RCMA) as a motorized or non-motorized device, which is used for recreational or sports purposes and whose mass on take-off, including anything borne by it and anything attached to it ranges between 250 grams and 150 kilograms.
Israeli aviation laws include the Air Navigation Law, the Aviation Services Licensing Law, 1963 and any other law that prescribes rules in civil aviation matters for which the Minister of Transportation bears responsibility for its implementation, as well as regulations enacted thereunder (Sec. 2 of the CAAI Law).

 

The principal piece of legislation regulating the operation of aircraft and gliders including UAS, is the Air Navigation Law. In addition, regulations enacted by virtue of the Air Navigation Law govern various operational aspects. The core regulations in this context are the Operation Regulations, which establish specific rules for the operation of aircraft and gliders.

A detailed list of all the Israeli aviation laws and regulations can be found at the following link: https://www.gov.il/BlobFolder/guide/aip-israel/en/aip-eng_GEN-1-6.pdf

Italy

The body which regulates remotely-piloted aircraft and unmanned aircraft is ENAC, pursuant to the rules established by the Italian Navigation Code, the EU Regulation and its specific regulation (see below).

The first ENAC regulation on UAS was issued in 2013 and it was then amended from time to time. Lastly, on 11 November 2019 ENAC approved a new UAS regulation in order to ease the transition to the Regulation (EU) 2018/1139, the new “basic” Regulation, which replaced Regulation (EC) 216/2008, and which will apply to drones in all the Member States from 1 July 2020. The new basic Regulation  covers unmanned aircraft regardless of their operating mass (both above and below 150kg) and the EU Commission has recently issued delegated and implementing acts (namely Delegated Regulation (EU) 2019/945 and Implementing Regulation (EU) 2019/947) to lay down detailed provisions regarding the production, registration and operation of drones in the European Union.

Kenya

UAS operations in Kenya are regulated by the KCAA[3] under the CAA and the Civil Aviation (Rules of the Air) Regulations, 2018 (Rules of the Air Regulations) (for UAS operated in the international air navigation).   KCAA was established under the CAA to plan, develop, manage, regulate and operate a safe, economical, and efficient civil aviation system in Kenya[4].

Section 61F (1) of the CAA provides that a person shall not allow a UAS to be flown over the territory of Kenya without special authorisation by the KCAA and Section 61F (3) provides that the Rules of Air Regulations shall be applicable to facilitate application and processing of such authorisation.

Under the Draft Regulations, KCAA will be mandated to approve all UAS operations in Kenya, issue permits for import of UAS into Kenya, issue authorisation for the manufacture, assembly and testing of UAS in Kenya, register and de-register UAS, issue operators of UAS with Remote Aircraft Operators Certificates and issue authorisation to persons offering training on the operation of UAS.

[3] Section 3 of the Civil Aviation Act No. 21 of 2013

[4] Section 6 of the Civil Aviation Act No. 21 of 2013

Mexico

The Ministry of Communications and Transportation (Secretaría de Comunicaciones y Tranportes) through the General Bureau of Civil Aeronautics (Dirección General de Aeronáutica Civil) (“DGAC”) under the Civil Aviation Law (Ley de Aviación Civil) and mandatory rules “CO AV23/10 R4” issued by the DGAC.

Nicaragua

The Civil Aviation Act No. 595 issued on August 3rd, 2006 regulates the aeronautic activity in Nicaragua. INAC is the civil aviation authority in thiscountry and it issued, in the year 2014, the Regulation No. 34-2014 that prohibited the use of UAS operating higher than 100 feet with ahorizontal displacement of 30 meters, arguing that they are dangerous for the aircraft flying in the national airspace.

Norway

The supervision of operators of UAS is performed by The Norwegian Civil Aviation Authority (“NCAA”), cf. the UAS Regulations Section 5.

Pakistan

Unmanned Remotely Controlled Small UAV Airships (“URCSUAs”) in Pakistan are regulated by the Pakistan Civil Aviation Authority (the “CAA”) pursuant to the Ordinance, the Civil Aviation Rules 1994 (the “Rules”) and Air Navigation Order 016 AWRG 2.0 dated 4th April 2011 (the “ANO”).

On the one hand, Small UAV Airship” means an Airship UAV with a volume less than or equal to 100 cubic meters and a gross weight of over 100 grams.

On the other hand, “UAV” means unmanned airship (other than a balloon or a kite) whose intended purpose is other than recreational use.

Finally, “Airship” means a power driven lighter-than-air aircraft.

Panama

The Civil Aviation Authority of Panama (“AAC”) regulates the operations of the RPAS in Panama, under the Aeronautical Standard No. AAC/DSA/DG/01-16 (the “Regulations”).

Philippines

The Civil Aviation Authority of the Philippines (the “Authority”) regulates the operations of remotely-piloted and/or unmanned aircraft operations in the Philippines.  

Portugal

UAS operations in Portugal are supervised by ANAC under Regulation nr. 1093/2016 of 14th December 2016.

The use of drones for videos or photography is subject to the prior authorization of the National Aeronautical Authority/Portuguese Air Force and may also be subject to prior authorization from the Portuguese Data Protection Commission.

Puerto Rico

FAA:  Small Unmanned Aircraft Regulations (Part 107).

Puerto Rico: Proposed Law PC 402.

Romania

The Ministry of Transportation and the Romanian Civil Aeronautical Authority (“RCAA”).

The basic laws regarding the use of UAS are the Code of civil aviation from 1997, as amended, the Ministry of Transportation Disposal no. 8/2014, the Ministry of Transportation Disposal no. 1338/2016, the Government Decision no. 912/2010, Civil Romanian Aeronautic Regulation “RACR-IA” – “Civil Aircraft Registration” from 25 October 2016, 1st Edition/2016, Regulation (EC) no. 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators, Regulation (EC) no. 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation.

South Africa

The Civil Aviation Act forms the basis for regulating UAS operations. Based on the authority conferred to them by the Civil Aviation Act, the Ministry of Transport and the South African Civil Aviation Authority (CAA) have recently developed regulations, technical standards, and technical guidance material and circulars to regulate UAS operations.

The CARs were issued by the Minister of Transport and apply to what are known as Class-1 and Class-2 UAS and to owners, operators, pilots, and those who maintain such UAS. The Director of Civil Aviation also issued technical standards on UAS operations known as the South African Civil Aviation Technical Standards (SA-CATS) as well as a number of aeronautical information circulars (AICs) applicable to UAS.

Spain

From an international level, multilateral conventions such as the Convention on International Civil Aviation, of 7 December 1944 (the “Chicago Convention”) and the International Civil Aviation Organization’s (“ICAO”) Circulars set forth the main rules of how drones must be treated and regulated by states. Spain, as a state party to the Chicago Convention, must comply with the provisions, resolutions and recommendations issued by ICAO, including those relating to drone regulatory developments.

At European Union level, Spain just like other EU Member States is currently under a regulatory transition period, adapting its national regulations to the present and future harmonised European legal framework.

Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 provides that the design, production, maintenance and operations of unmanned aircraft will be subject to European Commission legal control, notwithstanding its maximum take-off weight (“MTOW”). This legal control has crystalized in the Commission Delegated Regulation (EU) 2019/945, of 12 March 2019, for manufacturers (“EU Regulation 2019/945”) and the Commission Implementing Regulation (EU) 2019/947, of 24 May 2019, for UAS operations (“EU Regulation 2019/947”). This last one entered into force on January 1^st, 2021.

The implementation of this regulations in Spain is mainly carried out by the European Union Aviation Safety Agency (“EASA”) and the Spanish National Aviation Authority (“AESA”). The former, providing and supplying guidance material to operators and public entities on how to implement and apply the regulations, and the latter, supervising and controlling the compliance of the laws.

However, due to the transition period above indicated, main UAS domestic law in Spain for UAS, the Royal Decree 1036/2017, of 15 December, which regulates the use of civil remotely piloted aircraft (“RD 1036/2017”) has been partially repealed and replaced by the recent European regulations. Nevertheless, some of the articles may still be in force if said provisions do not contradict the European provisions.

Furthermore, as above described, as per their condition as aircraft, UAS are also subject to other various aviation and non-aviation related laws such as, the Act on Aviation Safety and/or those laws applicable to data protection (the “GDPR”) and privacy, telecommunications and aerial photography restrictions and damage compensation limits, even specific export controls, to name but a few.

Switzerland

Although located in the center of Europe, Switzerland is neither a member state of the European Union (EU) nor the European Economic Area (EEA). However, in relation to aviation, the relevant EU legislation applies to the extent adopted by Switzerland on the basis of the Bilateral Agreement on Air Transportation of June 21, 1999 (as amended from time to time) between Switzerland and the EU. In relation to remotely-piloted and/or unmanned civil aircraft above 150kg, the relevant EU Directives and Regulations currently in force apply in Switzerland, whereas UAS below 150kg are (still) subject to Switzerland’s own domestic regulation, in particular the Federal Act on Air Transport and the respective ordinances as well as the Ordinance on Special Category Aircraft of the Federal Department of the Environment, Transport, Energy and Communications (DETEC).

However the most recently revised EU legislation which applies to drones of all sizes regardless of their operating mass (Commission Delegated Regulation (EU) 2019/945 on drone manufacturing and selling requirements and Commission Implementing Regulation (EU) 2019/947) on drone operation  (hereinafter collectively referred to as the New EU Drone Regulations)) is not (yet) applicable in Switzerland but on 22 August 2019 the Swiss Federal Office of Civil Aviation (FOCA) communicated that the New EU Drone Regulations will be implemented and applicable in Switzerland as of June 2020 (see also Miscellaneous and Most Recent Changes below).

The competent regulatory body in charge of enforcing these rules is the FOCA.

Turkey

In Turkey sole aviation regulator is the Directorate General of Civil Aviation (“CAA”) which is a central governmental body. Thus, remotely piloted and/or unmanned aircraft operations are regulated, certified, investigated and monitored by the CAA pursuant their directive about unmanned aircraft systems which was first published 22.02.2016 and most recently revised on   12.7.2020 (“Directive”). Certain UAS’s are excluded from the scope of the Directive: “State UAS’s, UAS exclusively operated indoors, UAS with a MTOM (maximum take-off mass) less than 500g, moored balloons. CAA has launched a dedicated web portal (www.iha.shgm.gov.tr) (“Portal”) for managing all UAS services such as registration, pilot authorization and flight permission.

United Kingdom

United States of America

The FAA regulates registration and operation of aircraft in the national airspace system, including UAS.

Because UAS are included in the definition of “aircraft,” UAS are subject to all of the FAA regulations related to aircraft (found generally at 14 C.F.R. Parts 1 through 1310), unless specifically excluded from a regulation.   In addition, small UAS are also subject to more specific regulations found at 14 C.F.R. Part 48, regarding registration and marking, and 14 C.F.R. Part 107 (“Part 107”), regarding operation. Operators may obtain waivers of certain Part 107 requirements.

It is contemplated that the FAA will issue regulations specific to large UAS; however none have been issued at this time.  As a result, large UAS remain subject to all FAA Regulations pertaining to aircraft.

A further subset of UAS has been identified as “model aircraft.” Under the Special Rule for Model Aircraft, the FAA is specifically prohibited from promulgating rules regarding model aircraft that meet all of the following criteria:

“(1) the aircraft is flown strictly for hobby or recreational use;

(2) the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;

(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;

(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and

(5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation.”

Accordingly, UAS which qualify as “model aircraft” are not subject to Part 107’s requirements if they are operated exclusively within the Special Rule for Model Aircraft. Model aircraft are subject to 14 C.F.R. Part 101, which restricts the use of model aircraft in a manner so that such use does not “endanger the safety of the national airspace system.”

Part 107 is limited to small UAS, and thus does not apply to large UAS. The operational requirements of 14 C.F.R. Part 91 (“Part 91”), which are generally applicable to aircraft, apply to large UAS.  However, large UAS by their nature may not be able to comply with all of the requirements of Part 91. Accordingly, operators of large UAS must seek exemptions to such requirements under Section 333 of the FAA Modernization Act (“Section 333”). Section 333 exemptions are granted on a case-by-case basis.

Local governments (e.g., states and municipalities) may also pass laws relating to UAS.  However, it is well established in the United States that federal law is the “supreme Law of the Land,” and that state and local laws may be invalidated if a court determines that federal law preempts the local laws. The United States Transportation Code further clarifies that “[t]he United States Government has exclusive sovereignty of airspace of the United States.” Thus, state and local laws attempting to regulate UAS operations may be preempted by federal law.  Whether or not a state law is preempted by federal law, however, depends upon the particular subject and scope of the state law. Therefore, some state laws regulating UAS may stand in conjunction with federal regulation, while others may be deemed preempted by a federal law regulating the same subject matter. The exact scope of federal preemption of state laws relating to UAS is still developing on a case-by-case basis and is not well settled.