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.

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.

UAS are controlled and supervised by different authorities, as we explain before, State UAS are those that require a special permit and supervision of AAES and Private UAS are define as every UAS used in civil activities which operations required being supervised and regulated by UAEAC.

The regulation makes a distinction between state UAS and civil UAS. Civil UAS, which includes commercial and leisure UAS must register before UAEAC. Instead public UAS must be register and supervised by the AAES.

Civil UAS are regulated by the Resolution 4201 of 2018 which was incorporated as an appendix of Colombian Aeronautical Regulations, part 91.

Public UAS are regulate by AAES in they S-ART internal policies.

In 2015 Colombian regulation started including RPAS as aircraft and gave to them a special regulation: Circular 02 of 2015, in which was only include RPAS and not the others UAS.

In 2018, regulation change modifying Circular 02 of 2015, in its place authority issued Resolution 4201 of 2018 includes all UAS and does not do a distinction in terms of regulation between RPAS and UAS.

To operate UAS must to fulfill some requirements in safety terms. Regulation also divides the operation in Class A and Class b, being first one is less risky than the second. This also implies that the requirements in safety conditions are less high for Class A than for Class B.

According to classification, every class must fulfill the following conditions:

CLASS A:

• Verify the operational environment considering crowd and properties in surface and in air.
• Person who oversees UAS operation must have verify that any person who is involved in the operation has a complete knowledge and information of the operation and the aircraft.
• Make sure the communication system between the aircraft and ground control station is working correctly.
• Verify that battery of the aircraft and remoted control is enough for the operation.
• Verify that flight time does not exceed the 80% of producer established autonomy
• Land when operator perceives any other aircraft
• Coordinate with the other operator when in the middle of the flight notice other UAS
• Stop operation when find any signal that ay interference with the current operation
• Operation must attend the producer recommendations
• Do not operate an UAS under alcohol or other psychoactive substances

CLASS B:

Operation Class B must follow the same safety conditions than Class A plus the following special technical requirements:

• Keep the original producer structural elements and control systems
• Do not modify its configuration unless producer authorize it
• Remoted control system must not interfere with other systems
• UAS must have the producer guides about operation and maintenance instructions and them will be part of the guide that the UAS owner shall present to the authority to obtain the operation permit
• UAS must have autopilot, Global Navigation Satellite System (GNSS), recovery system and, if the UAS require it launch system.
• The aircraft must be in a visible color and have adhesive reflexive straps
• Besides producer identification aircraft must have the information of the owner identification which must include name, register number with the authority, address and telephone number.
• Aircraft weight must not exceed 150 kgs. and the weight established by the producer
• If are going to operate in night, UAS must have appropriate lighting system
• If the aircraft is going to execute any authorized transportation operation must guarantee a save load securing system

Is important mention that there is a third class called Class C which is forbid by the current regulation. Class C are all those UAS which weight is more than 150 kgs., those which provide transportation services and those which make international overflights.

Regulation established that a pilot only can operate one UAS at the time but one UAS could be operated by more than one person.

There is also an exception: in Class B UAEAC could approve swarm operation.

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.

According to the regulation, no payment is requirement for this authorization.

No, airworthiness is not a requirement

No, it is not regulated still.

This matter does not have a specific regulation yet.

For Class A transport is not allowed. However, for Class B regulation permit the transport with some restrictions. For example, animal transport is not allowed but UAEAC could authorize it when animals shall be use for plague control.

As well, for agricultural aspersion throw objects is allowed, otherwise throwing objects in flight is prohibited.

No there is not specific regulation, but even when the register is available for public consult UAEAC must fulfill with current legislation about data bases and must give the correct treatment to all the information that collect during the registration process according to that legislation

No but every UAS operator must suspend the operation when notice any interference in the remoted control system.

No there are not yet.

There are no special requirements for foreign UAS operators, depends of the kind of the operation that want to be perform the foreign operator should follow the requirements of Class A or Class B. Besides the mandatory register in front of the UAEAC.

There are not any fare or pricing od UAS operations yet.

Yes, every UAS must be registered in a special data base before of the Civil Aviation Authority. However, even when there is a minim of information that be require for both, Class A and Class B, to Class B authority require more information

To Class A only the owner of the UAS must be registered. In Class B regulation requires owner and any operator.

There are not specific rules to own an UAS but there are some requirements for the operators. In that way, as we mentioned before, in Class B the operator must be register, and to operate an UAS Class B authority established the following requirements:

1. The operator must be over 18 years old.
2. The operator must have a theoretical and a practical course by an aeronautical instruction center authorized by the civil aviation authority and have the certification of having approved both courses.
3. The operator must have full knowledge of the UAS brand and model.
4. The operator must keep a personal record of the hours of operation of the UAS in which the date, time of detachment and landing, number of routes and description of the operated device are identified.

In general regulation demands the owner and operator know all that is related with the operation, producer instructions, which includes the maintenance of UAS, and UAS functionality. Beside for Class B UAS regulation stablished some specific requirements for the maintenance which are shown below:

1. Any person who performs maintenance on a UAS or any of its components the methods, techniques and practices described in the manufacturer or manufacturer’s manuals or any other technical document updated by these.
2. The replacement materials or parts shall be those prescribed or accepted by the manufacturer or UAS builder
3. Parts should not be used or work performed that involves design alteration original of the device, especially in the case of structural variations, changes in the weight that affect the center of gravity or flight characteristics unless have express approval of the manufacturer or builder, or the UAEAC when it is of scientific research, development or innovation projects.
4. Maintenance work must be carried out by qualified persons who know the manufacturer’s manuals.
5. The operator must document maintenance work on its UAS and keep a historical record of them, including the information of the people who executed the maintenance.

The current regulation establishes some limitation to UAS operation. As we have been explained before, limitations may have some changes between Class A or Class B. In that way, limitations for each class are:

Class A:

• Maximum weight shall be 25 kgs.
• Maximum speed shall be 80 km/h
• Operator must keep the UAS within sight range within a maximum radius of 500 m horizontal during all phases of the flight. If the operator loses it must interrupt immediately the operation.
• Operation may not be performed directly above public, meeting of people at outdoors, agglomerations of buildings or others populated areas.
• All flights must be made at a height that not exceed 400 ft above land or water.
• Visibility conditions shall not be less than 5 km measured from the location of the UAS control station.
• The minimum distance of the clouds from the aircraft may not be less than 500 ft.
• Operation shall be performed in a non-controlled air space.
• It cannot be operated from an airport or airfield or its vicinity within a radius of 9 km.
• It cannot be operated from a heliport or its vicinity within a radius of 3 km
• Only image captures (still or moving) are allowed. Other activities as fumigation or aerial spraying are completely forbidden.
• Transport activities are prohibited.
• Search or rescue operations are reserve for authorities or relief agencies or with prior coordination with them.
• It cannot perform any operation in restricted areas which will be previously published by the UAEAC. These operations only could be performed with previous authorization and coordination with the AAAE.
• One person only can operate one UAS at time.
• Operation should not be performed from a land, water or air vehicle in movement.
• No objects should be thrown in flight.
• Autonomous operations cannot be performed
• Operation can´t be performed within a radius of 2 km around any place where the president or any other chiefs of state are.
• Operation cannot be performed within a radius of 1 km around of military or police bases, prisons, critical infrastructure or any manned aircraft in operation.
• Operation cannot be performed within 3.6 km of border areas or cross borders states boundaries.

When a Class A exceeds any of its limitations, the UAS must follow the Class B dispositions needing the authorization and all the additional requirements the regulation provides.

Class B:

• Maximum weight shall be 150 kgs.
• Maximum speed shall be 160 km/h
• Operator must keep the UAS within sight range within a maximum radius of 750 m horizontal during all phases of the flight. If the operator loses it must interrupt immediately the operation.
• The entire operation must be performed only during daylight hours (from 15 minutes after sunrise and up to 15 minutes before sunset. However, operations may be performed at night hours as lighting to make it easily visible.
• All flights must be made at a height that not exceed 400 ft above land or water.
• Visibility conditions shall not be less than 5 km measured from the location of the UAS control station.
• The minimum distance of the clouds from the aircraft may not be less than 500 ft.
• It cannot be operated from an airport or airfield or its vicinity within a radius of 9 km.
• It cannot be operated from a heliport or its vicinity within a radius of 3 km
• Any operation different than image capture shall require special permit of UAEAC.
• Search or rescue operations are reserve for authorities or relief agencies or with prior coordination with them.
• It cannot perform any operation in restricted areas which will be previously published by the UAEAC. These operations only could be performed with previous authorization and coordination with the AAAE.
• One person only can operate one UAS at time, except when UAEAC authorize a swarm operation.
• Except when a previous authorized aspersion operation is been performed, throwing objects is forbidden.
• Animals cannot be transported except when they will be used for plague control.
• Autonomous operations cannot be performed except when they are previously authorized.
• Explosive, corrosive, biohazard materials, weapons or any other type of merchandise considered dangerous or prohibited shall not be transported. This shall not apply for the batteries required for operation.
• Operation can´t be performed within a radius of 2 km around any place where the president or any other chiefs of state are.
• Operation cannot be performed within a radius of 1 km around of military or police bases, prisons, critical infrastructure or any manned aircraft in operation.
• Operation cannot be performed within 3.6 km of border areas or cross borders states boundaries.

Yes. When in the middle of the flight any UAS perceives a manned aircraft UAS should immediately land. As well, when in the middle of the operation UAS notice other UAS, the operators must coordinate to avoid a collision.

For Class A the permitted airspace is the non-controlled space (Class G airspace). For Class B it would be depend of the authorization.

As we explained before, there are some spaces that have restrictions to operate. That is the case of airports, heliports, prisons, military and police bases, critical infrastructure and places in which are the president or any other chiefs of state are.

As well, there are some distances of land, water and clouds that must be respected.

As they have spaces restrictions, there are some places that UAS cannot operate. This is the case of prisons, military or police bases, airports, heliports, critical infrastructure and places in which are the president or any other chiefs of state.

There are not traffic control services for Class A. In Class B UAEAC is on charge of give the guidelines for its operation through the authorization.

No there is not special rules in respect of the loss or damage to cargo yet.

At first place, any UAS operation violation of the current regulation will constitute an infraction in accordance with the sanctioning regime contained in the Aeronautical Regulations of Colombia (RAC) part 13, without prejudice to civil, criminal or police liability that may drive from the activity performed.

Besides according to police code, authorities competent for the effective fulfillment of the police function may suspend or prevent all activity with UAS and seize the device involved when they notice any violation of applicable legal dispositions or when operation represents an imminent threat to citizen security, coexistence and security. In those cases, police authority could coordinate with UAEAC to take the relevant measures related to custody of the UAS and all measures that maintain adequate control over operations whatever class is.

To keep the control and order in UAS operation, authorities may intercept and disable UAS by using electronic countermeasures or any other mechanism that they consider useful for the purpose.

The operator, the owner or who manipulates the flight control must report to special dependence of UAEAC called Operational Security of Civil Aviation Secretary (SSOAC), any event during the operation of the device in which:

1. Injuries to persons or damages to property on surface are caused.
2. Collision with other unnamed aircraft.
3. Collision against any element of country’s critical infrastructure

The operator, the owner or who manipulates the flight control, whatever its class, must report immediately to UAEAC’s incident and accident investigation group (GRIIA) the occurrence of accident or incident during the operation of the device in which a manned aircraft or any element of the aeronautical infrastructure was involved.

Besides the aforementioned in question 31, there is not and special procedure for the investigation of incidents and accidents that involves UAS. All incidents and accidents investigations must follow the general rules that are contained in Aeronautical Regulation of Colombia (RAC) part 114.

Only Class B are required to have an insurance for their operation. In this class the operator must have constituted a security or a liability policy that ensure their liability from damage caused to third parties on surface.

In the aforementioned case is the damages caused by the operator what is insured.

As we explained at the beginning of our document, the regulation for public UAS is not available for public consult, so is not possible for us to assure that government guides for the general rules or have any specific policies.

Is not possible for us answer this question with certainty because state policies regarding UAS are not publicly available.

Is not possible for us answer this question with certainty because state policies regarding UAS are not publicly available.

Is not possible for us answer this question with certainty because state policies regarding UAS are not publicly available.