Drone Regulations
29. Are there any special rules in respect of loss or damage to cargo?
Bahamas
4.306 of the Regulations imposes a reporting obligation upon a PIC of any “accident involving the RPA that results in serious injury or death of any person or substantial damage to the aircraft or property”. Aside from this, there are no special rules which apply to a RPA in respect of loss or damage to cargo. We note however that the
Regulations require that no person may operate or pilot a RPA unless the operator or pilot has a current third-party liability insurance of claim levels acceptable to the Authority for the level of risk; and has evidence of that insurance in his personal possession at the time of flight. This however will not apply to a RPA weighing less than 25 kg.
Bolivia
This is not detailed in the regulation.
Brazil
Third party insurance certificate should be hired in accordance with section 23 herein. There is no specific rules for loss or damage to cargo.
Canada
No.
Colombia
No there is not special rules in respect of the loss or damage to cargo yet.
Costa Rica
RPAS registered before DGAC must have an insurance policy for civil liability that covers damages to third parties.
El Salvador
No, according to RAC-VANT there is not an express regulation on this matter.
Germany
Since there is actually no public transport of cargo in Germany, there are also no special rules in respect of loss or damage to cargo.
Guatemala
There is a general rule for civil liability that specifies that the owner of a UAS will be responsible for damages on the surface and during the flight. In addition, RAC-101 establishes that UAS owners or operators must have an insurance policy that covers the damages caused.
India
No, presently there are no special rules in India in respect of loss or damage to cargo.
Israel
No sector specific legislation has been enacted regarding the loss or damage to cargo transported on a UAS. Therefore, the general air transportation laws would apply in such event. Pursuant to Article 1 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air (1999) (“the Montreal Convention”), which applies in Israel by virtue of Section 3A of the Air Transportation Law, 1980 (“ATL”), “the Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking”. Therefore, UAS which carry cargo, do not appear to be exempted from the application of the Montreal Convention in this context. Pursuant to Section 5(a) to the ATL, the rules established in the Montreal Convention will also apply to domestic air transportation.
Italy
No, there are no specific rules in this respect, also because air cargo transport via drones is not yet regulated in Italy.
Kenya
The carriage of cargo by aircraft in Kenya is regulated by the Carriage by Air Act, No. 2 of 1993 and the Montreal Convention. There are no special rules in respect of loss or damage to cargo in a UAS. However, the Draft Regulations require that a UAS operator must hold a minimum insurance policy in respect of third party risks.
Mexico
Mandatory rules “CO AV23/10 R4” provide that RPAS must have insurance covering damages against third parties. There is no specific regulation on cargo related operations.
Nicaragua
There is not an express regulation on this matter.
Norway
The Aviation Act chapter 10 contains provisions regarding liability for carriers concerning loss or damage to cargo when the transportation is performed as a paid service.
Pakistan
Please refer to our response to question 30 below.
Panama
There are no special rules within the Regulations which apply to the loss or damage to cargo.
Philippines
Presently, the PCAR does not provide for special rules in respect of loss or damage to cargo.
Portugal
No
Puerto Rico
There is no state legislation covering this in Puerto Rico.
Romania
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, stipulates that for liability in respect of cargo, the minimum insurance cover shall be 17 SDRs (Special Drawing Right as defined by the International Monetary Fund) per kilogram in commercial operations.
South Africa
Yes. All incidents involving a UAS where there is any damage to property must be reported. The CARs also provide that a UAS may not carry dangerous goods as cargo, except if operated by a holder of a ROC and as approved by the Director in the operations manual.
Spain
No Specific rules for loss or damage to cargo transported by UAS has been yet enacted, therefore conventional air transport and damage compensation provisions will apply.
Switzerland
Switzerland has ratified the Montreal Convention 1999, which provides for special rules in this regard. Insofar the Montreal Convention 1999 is not applicable, as there are no specific rules for UAS, the Swiss Ordinance on Air Transport provides for further rules.
Turkey
No, general rules and rules of Warsaw and Montreal conventions apply.
United Kingdom
Not as far as we are aware.
United States of America
The FAA has not promulgated specific rules, but general tort law, contract law, and other state specific laws may apply.