Bolivia

Contributor: Sergio Fernando Salazar Machicado and Sergio Antonio Salazar Arce

General

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

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.

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

• 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.

3. Is there a distinction between “State UAS” and “Private UAS”?

“State UAS” (Armed Forces, Customs and Police) are regulated by Regulatory Bulletin Nº AAP0149/2019 (Nº DGAC/042/2019) dated 30 April 2019; however, these must adjust their operations to what is established under Law Nº 2902 (Civil Aviation Law).

4. Is there any distinction between public, leisure and commercial UAS? What regulations are provided for UAS operations in each group?

Yes, there is a distinction between leisure operations and aerial work operations and, in both cases, Regulatory Bulletin Nº AAP-0149/2019 (Nº DGAC/042/2019) applies for their regulations. Within aerial work operations it is important to consider that aerial photogrammetry operation with a UAS www.salazarbolivia.com LA PAZ: Edificio Fujita, Piso 2, Calle Francisco Iriarte Nº 5000 | Achumani / Central: +591.2.279.6282 SANTA CRUZ: Edificio RoLea Center, Oficina 2E, Calle “J”, Nº 120 l Equipetrol Norte / Central: +591.750.00334 requires a specific authorization from the National Service of Aerial Photogrammetry (SNA) as per article 164 of Law Nº 165. UAS with a maximum takeoff weight (MTOW) equal to or above 6kg will have to request an express authorization for each flight or series of flights.

5. Is there a distinction, in terms of regulation, between completely autonomous UAS and remotely-piloted UAS?

No, there is not such distinction; nonetheless it is mandatory for fully automated UAS to have the possibility to switch into manual controls (with the respective pilot) at any given time

Regulation of Unmanned Aircraft Systems (“UAS”) Operations - Safety

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

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:

7. Is the applicable regulation considering the rule of 1 UAS = 1 pilot?

Yes, an absolute prohibition prevents one pilot to operate more than one UAS simultaneously.

Regulation of Unmanned Aircraft Systems ("UAS") Operations - Licensing

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

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.

9. Are there any kind of taxes or fees regarding the licensing procedure?

Only for UAS that have a weight equal or above 6 kg. up to 10Kg must pay a fee.

10. Is a Certificate of Airworthiness mandatory to operate a UAS?

Only for UAS that exceed a MTOW of 250 grams a registration before the CAA is required

11. Is access to the market for the provision of UAS operation services regulated and, if so, how?

This is not yet detailed in the regulation project.

12. What requirements apply in the areas of financial strength and nationality of ownership regarding control of UAS?

This is not yet detailed in the regulation project.

13. Is drone transport permitted / regulated in your country?

The regulation project prohibits the launch, spray or mist from a RPA unless authorized by the CAA. Also, no hazardous materials may be transported nor shall laser lights will be used on an RPA.

Regulation of Unmanned Aircraft Systems ("UAS") - Operations - Others

14. Is there a specific Data & Privacy Protection regulation applicable to UAS operations?

This is not yet detailed in the regulation project.

15. Is there a specific control-link interference regulation applicable to UAS operations?

The regulation project established that in case of loss of link with the RPA the operator mustfollow the manufactures procedures and, furthermore, in case of loss of link in the surrounding area of an airfield, operator must communicate such loss -immediately- to the relevant authorities.

16. Do specific rules regulate UAS manufacturers?

This is not yet detailed in the regulation project.

17. What requirements must a foreign UAS operator satisfy in order to operate to or from your country?

This is not yet detailed in the regulation project.

18. Are fares or pricing of UAS operations regulated and, if so, how?

This is not detailed in the regulation; however, UAS with a MTOW of up to 6kg must notify the authorities -via email- at least 12 hours before such operation and; UAS of over 6kg must request permission -via email- to the authorities with at least 72 hours in advanced.

The Aircraft (“UAS”)

19. Must UAS be registered in any particular register?

• UAS with an MTOW equal or above 250gr must obtain a register number via an online register before the CAA.

• UAS with an MTOW equal or above 6kg and up to 10kg must obtain a register number via online and pay a small fee for such registration before the CAA.

• UAS with an MTOW above 10kg must be registered, in person, by the owner at the CAA offices.

20. Who is entitled to be mentioned in the UAS register?

Any operator/owner who is, at least, 18 years old.

21. Do requirements or limitations apply to the ownership of a UAS listed on your country’s register?

The aforementioned age limitation

22. Do specific rules regulate the maintenance of UAS?

Maintenance must be performed as per the manufacturer’s specifications. Pre-flight inspections must be performed (battery levels, visual inspections for damages in the hull) Inspect there is no evidence of radio interference that may affect the flight.

Operation Zones

23. Which are the operational and distance limitations for an aerial work with a UAS? Is there any kind of certificate or permission to operate beyond those limitations?

Maximum of 122 meters AGL and at a distance of 9 kilometers of any airport or military base. It will be the CAA who will determine the no-fly zones and the RPAs cannot be operated in areas that are densely populated and at 150 meters of an edification, person or vehicle unless they are directly related to the operation.

24. Are UAS obliged to take off from and/or land in specific facilities?

This is not detailed in the regulation; however there is a prohibition for the operation of UAS from moving vehicles.

25. Which kind of airspaces are UAS permitted to operate with?

Please refer to our response on item 23.

26. Which airspaces are restricted for UAS?

Please refer to our response on item 23.

27. Which zones are UAS operations banned?

Please refer to our response on item 23.

28. Who provides air traffic control services for UAS in your country?

This is not detailed in the regulation.

Liability and Accidents

29. Are there any special rules in respect of loss or damage to cargo?

This is not detailed in the regulation.

30. Are there any special rules about the liability of UAS operators for surface damage?

This is not detailed in the regulation.

31. Is there a mandatory accident and incident reporting system and, if so, how does it operate?

Any UAS accident/incident must be reported, within the first 72 hours, to the CAA, via online form.

32. What system and procedures are in place for the investigation of UAS accidents?

This is not detailed in the regulation

33. Are UAS operators obliged to have insurance for their operations? If so, which are their main features?

Regulation does not specify the indemnity sums/limits and restricts to mention that the operator, at the time of authorisation is requested, must have proof of an adequate civil liability insurance.

34. What is insured? The operator, the business or the aircraft?

This is not detailed in the regulation.

Financial Support and State Aid

35. Are there sector-specific rules regulating direct or indirect financial support to companies by the government or government-controlled agencies or companies (state aid) in the UAS sector? If not, do general state aid rules apply?

This is not detailed in the regulation.

36. What are the main principles of the stated aid rules applicable to the UAS sector?

This is not detailed in the regulation.

37. Are there exemptions from the state aid rules or situations in which they do not apply?

There are no applicable general state aid rules.

38. Must clearance from the competition authorities be obtained before state aid may be granted?

There are no applicable general state aid rules.

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