Drone Regulations: 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.

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

RAC-101 does not distinguish between state or private UAS.

There is not an express regulation regarding public UAS, and they are excluded from the registration filings before DGAC.  As to leisure UAS, RAC-101 indicates that it can be operated if    it is a small UAS for recreational purposes, within the approved areas. The small UAS have a weight superior than 100 grams and they do not qualify as a big UAS. When operating a UAS for commercial purposes, it is mandatory to obtain an Operational Certificate (CO) and a Certificate of Exploitation (CE). All UAS used for recreational or commercial purposes must be registered before DGAC.

No. According to DGAC, all UAS whether piloted autonomously or remotely-piloted are regulated on equal terms.

Safety regulations of UAS according to the RAC-101 are divided into the different areas of operation. Regarding the CO, DGAC must request the applicant to provide information on the safety of communications and navigation systems. Also, when approving the authorized areas for the operation of UAS, DGAC must consider possible consequences caused in the safety of air navigation. If there is any change on the conditions of the approved areas, the Authorities will publish the details through a note of Aeronautic Information. Additionally, any aircraft that is being subject to unlawful interference must do its best to notify the relevant ATS unit of this, any significant circumstance related to it, and any deviation from the authorized flight plan, in order for the ATS to give priority to the aircraft and minimize traffic conflicts that may arise with other aircrafts.

There is not an express regulation on this matter.

To operate UAS, the aircraft and the operator must be registered before DGAC. To obtain the CO, the applicant must have training as a radio operator,  passed a theoreticalaviation exam,  completed a capacitation course and 5-hour flight experience. The applicant must file a request containing the following data: information of the aeronautic license, details of aviation experience, details of theoretical experience including the radio operation, details of experience and operation of UAS, evidence of any educational course for operating UAS. The DGAC may gather more information if needed and will issue the Certificate if the applicant meets the requirements.

In addition, UAS must be registered at the Aeronautic Register of DGAC, and they will be given an identification number according to the following format “UAV-TG-XXX”. In case there is a UAS utilized for commercial purposes, the applicant must have a Certificate of Operation (CO) according to Air Regulation No. 119 and a Certificate of Exploitation according to the Regulation No. 384-2001. Regarding the Big UAS, they must have a special Certificate of Airworthiness or a Certificate of Experiment.

UAS operators must pay the following fees:

The Certificate of Airworthiness is mandatory when operating a Big UAS.

Access to the market is not regulated.

As part of the requirements to obtain a CE, the applicant must file its financial statements. DGAC will verify if the company is in good standing. There are not restrictions regarding nationality of ownership of UAS.

It is not regulated in RAC-101.

There is not an express regulation on this matter.

All aircraft being illicitly interfered will notify the Authorities, specifically the Air Traffic System to minimize the traffic conflicts that may occur.

There is not an express regulation on this matter.

There are not differences between the registration of national and foreign operators.

There is not an express regulation on this matter.

All UAS must be registered before the Aeronautic Registry. Also, they must be authorized by DGAC to operate. To proceed with the first-time registration, the operator must file the requirements established in Article 79 of the Regulation No. 384- 2001. The procedure begins with the filing of the application for private services, copy of the legal document of the aircraft’ purchase, good standing certificate of the company, payment of registration, and insurance policy.

The UAS’ owner, the operator, and if it applies, the parties of the lease contract.

No requirements or limitations apply.

No

There are limitations regarding areas and distances. In controlled air space, individuals cannot operate UAS higher than 400 feet above ground level (AGL), unless there is apermit in the specific area, or an authorization issued by Air Traffic Control. Near airfields, no one is allowed to operate a UAS higher than 400 feet AGL in a radius of 3nautical miles from airports, unless the operator has a CO or there is a special permit for the operation.

In addition, DGAC may authorize an exception to the application of the rules contained in RAC-101, if there is no risk for operational safety. The approved exceptionswill be recorded on the Operations and Specifications Manual of each operator.

The only requirements to take-off and land are those related to illumination and signalization. A UAS cannot operate between the sunset and the sunrise unless the surface is illuminated or painted with a visual warning.

UAS can be operated in less than 400 feet from AGL, outside populated areas and for recreational and sport purposes. However, DGAC may issue a special permit to operate in a specified area.

The restricted airspaces are over 400 feet AGL.

Notwithstanding some allowed exceptions, there is a ban regarding UAS operating in night-time and operationsover 400 feet AGL in a radius of three nautical miles from an aerodrome. Additionally, operations that causes a danger to another aircraft, another person or property are prohibited.

DGAC and Air Traffic Control.

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.

Article No. 101.57 of the RAC-101 establishes that the UAS’ owner will be liable for damages caused on the surface and during the flight.

Yes, according to the Article No. 101.51 of the RAC-101 all accidents and incidents must be reported to DGAC within 72 hours of the occurrence. The notification must be made according to Air Regulation No. 13 and specify all the information needed to proceed with the investigation.

There is an Accident Investigation Unit (UIA by its acronym in Spanish) that is in charge of all subsequent activities from the accidents and incidents that occurred in Guatemala. All information such as UAS’ ownership and details of manufacture, and the details of the event must be notified to DGAC.

Yes. According to Article 101.59 of RAC-101 the owner or operator must have an insurance policy to cover the damages caused. The owners of UAS operating in commercial activities must send the receipts of the insurance policy to DGAC in maximum 10 days after its emission or renewal.

According to Article No. 101.57 the insurance policy must cover surface damages and those caused during the flight.

There is not an express regulation on this matter.

There is not an express regulation on this matter.

There is not an express regulation on this matter.

There is not an express regulation on this matter.