The rapid growth of the drone industry has presented significant challenges and opportunities for governments in Latin America. To ensure the safe and responsible use of drones, these countries have implemented and maintain various regulatory frameworks.   

In the most recent installment of L2b’s Livestream Series: Global Aviation News, members from Brazil, Colombia and Costa Rica compared the drone regulations in their countries. From the complexities of navigating multiple government agencies to the critical issue of ensuring safe operations in densely populated urban areas, our panelists provided valuable perspectives on the legal implications and regulatory challenges faced by countries worldwide.

Brazil: A Pioneering Approach  

Nicole Cunha from Basch & Rameh in Brazil reported that Brazil has taken a leading role in regulating the rapidly expanding drone industry in Latin America. The country’s comprehensive framework, overseen by the Brazilian National Civil Aviation Authority (ANAC), provides a model for other nations seeking to balance innovation with safety. At the heart of Brazil’s drone regulations is the RBAC E94, a legislation that categorizes drones based on their weight and operational requirements. This allows for tailored regulations that address the specific risks associated with different types of drones.  

ANAC plays a pivotal role in enforcing drone regulations, overseeing registration, certification, and airspace management. The authority has also developed user-friendly systems for drone registration and flight authorizations.  

In addition to ANAC, Brazil’s drone regulatory landscape involves a range of authorities, including the Air Traffic Control Department, the National Telecommunications Agency, the Ministry of Agriculture and the Ministry of Defense. This collaborative approach ensures that drones are regulated across various sectors and domains.  

One of the key challenges in regulating drones is the rapid pace of technological advancements. Brazilian authorities are continually updating regulation to adapt to new features and capabilities which can raise new safety and security concerns. 

Despite these challenges, Brazil’s regulatory framework has been successful in promoting the growth of the drone industry while ensuring safety. By providing a clear and predictable environment for drone operators, Brazil has attracted investment and innovation in this sector.  

As the drone industry continues to evolve, Brazil’s regulatory framework serves as a valuable reference for other countries seeking to establish effective and balanced regulations. By learning from Brazil’s experience, other nations can develop policies that promote the safe and responsible use of drones.  

In summary, key aspects of Brazil’s drone regulations include:  

• Drones are Considered Aircraft: The Brazilian Aeronautical Code and OACI define drones as aircraft and provide a distinction for autonomous and remote piloted aircraft, which has significant implications for their regulation and legal treatment. 

• Multiple Authorities: ANAC, the Air Traffic Control Department, the Brazilian National Telecommunications Agency, the Ministry of Agriculture and the Ministry of Defense, are involved in regulating drones.  

• Comprehensive Framework: The Brazilian Aeronautical Code and the RBAC E94 provide a comprehensive framework covering registration, certification, airspace management, and liability for remote piloted aircraft. Other federal legislations and normative issued by other Multiple Authorities (as defined above) must be observed.  The Brazilian authorities are continually updating regulations to keep pace with updates in the technology and utilization of these aircraft. 

• Safety Focus: Brazil’s regulations prioritize safety, with strict guidelines for drone operations and penalties for non-compliance.  

 

Colombia: Balancing Innovation and Safety  

José Elías Del Hierro of DEL HIERRO ABOGADOS reported that Colombia’s drone industry has experienced rapid growth in recent years, driven by technological advancements and a growing demand for drone-based services. However, this expansion has also highlighted the need for clear and effective regulations to ensure safety, security, and privacy. The Colombian Civil Aviation Authority (CAA) has taken steps to regulate the drone industry, issuing the RAC 100 regulation to establish guidelines for drone operations. This regulation categorizes drones into three categories: open, specific, and certified. Each category has specific requirements for registration, pilot certification, and flight authorization.  

Despite these regulatory efforts, the drone industry in Colombia faces several challenges. One of the key challenges is the high level of informality among drone operators. Many operators are unaware of or choose to disregard existing regulations, leading to non-compliance and potential safety risks.  

Another challenge is the complexity of the regulatory framework itself. The process of registering drones and obtaining flight authorizations can be cumbersome and time-consuming, deterring some operators from complying with the law.  

In addition to regulatory challenges, the rapid pace of technological advancements in the drone industry presents ongoing difficulties. New features and capabilities, such as autonomous flight and advanced sensors, can raise new safety and security concerns that may require updates to existing regulations.  

José Elías emphasized the need for regulators to keep pace with technological advancements: “The technology runs faster than the regulations.” This rapid evolution can make it difficult for regulators to develop and implement regulations that effectively address emerging risks. Despite these challenges, Colombia’s drone industry offers significant opportunities for growth and innovation. The country’s geographical diversity and economic development present a favorable environment for drone-based applications in sectors such as agriculture, infrastructure, and security.  

To fully realize the potential of the drone industry, Colombia must continue to invest in regulatory development, education, and training. By addressing the challenges and promoting responsible drone use, Colombia can position itself as a leader in the global drone market.  

In summary, key aspects of Colombia’s drone regulations include:  

• Rapid Growth and Challenges: The drone industry in Colombia is experiencing significant growth, but faces challenges related to informality, lack of knowledge about regulations, and complex compliance processes. 

• Regulatory Framework: Colombia has established a regulatory framework for drones, including the RAC 100, which categorizes drones into open, specific, and certified categories with corresponding requirements. The regulation of drones in Colombia involves multiple agencies, including the Civil Aviation Authority, the Ministry of Defense, and the Ministry of Agriculture. 

• Safety Measures: Colombia emphasizes safety through regulations on pilot certification, flight planning, and airspace management. Operators of drones in Colombia are subject to insurance requirements and potential liability for damages caused by their operations. 

• Ongoing Development: The drone industry in Colombia is evolving rapidly, with increasing numbers of registered operators, pilots, and drones. Aviation lawyers must stay updated on the latest regulations and industry trends to provide effective legal advice. 

 

Costa Rica: A Focus on Safety  

Gabriela Alfaro Mata of Nassar Abogados reported that Costa Rica has been actively working to regulate the use of drones, recognizing both their potential benefits and the risks they pose. The country’s regulatory framework aims to strike a balance between promoting innovation and ensuring safety and security. The primary legal framework for drones in Costa Rica is the RAC RPAS, an executive decree that came into effect in 2024. This regulation applies to civil drones and excludes those used for some agricultural aviation activities and recreational purposes within a limited range.  

In addition to the RAC RPAS, other relevant regulations include the regulation for agricultural aviation activities and the operational directive issued in 2017. While the operational directive is no longer in effect, it continues to apply to existing permits until their expiration date. Costa Rica’s drone regulations categorize operations as commercial or non-commercial. Commercial operations require an operating license and are subject to stricter regulations, while non-commercial operations have fewer requirements. The regulations also impose restrictions on drone operations, such as prohibited areas and altitude limits. However, there are exceptions to these restrictions, particularly for operations that are authorized by the Civil Aviation Authority.  

One of the key challenges in regulating drones in Costa Rica is the need to balance safety concerns with the desire to promote innovation. The authorities are working to avoid excessive restrictions that could hinder the growth of the drone industry while also ensuring that operations are conducted safely.  

Another challenge is the increasing number of drone operators and the difficulty in enforcing regulations. The Civil Aviation Authority may struggle to keep up with the demand for permits and inspections, leading to delays and potential frustrations for operators.  

Despite these challenges, Costa Rica has made progress in regulating drones. The RAC RPAS provides a solid legal framework, and the authorities are actively working to address emerging issues. By continuing to refine its regulatory approach, Costa Rica can promote the safe and responsible use of drones while fostering innovation and economic growth.  

In summary, key aspects of Costa Rica’s drone regulations include:  

• Recent Regulations: Costa Rica has recently implemented regulations specifically for remotely piloted aircraft systems (RPAS), such as the RAC RPAS and the regulation for agricultural aviation activities. 

• Categorization: Drones are categorized as commercial or non-commercial, with different requirements for each.  

• Restrictions: Costa Rica has restrictions on drone operations, such as prohibited areas and altitude limits.  

• Safety Measures: The regulations prioritize safety, with restrictions on flight areas and altitudes, and impose liability on operators, including fines, license cancellation, and potential criminal charges. 

• Data Protection: Given the potential for data collection and privacy issues with drone operations, the data protection law is applicable to ensure compliance with privacy regulations. 

 

Future Challenges  

Latin American countries have made significant progress in regulating the drone industry. By balancing innovation with safety, these countries are working to ensure the responsible and sustainable use of drones. Rapid advancements in drone capabilities and use cases can create challenges in regulation and utilization of these aircraft. As the work advances, all jurisdictions face common challenges in regulating the drone industry:  

• Technological Advancements: The rapid pace of technological advancements in the drone industry presents ongoing challenges for regulators. New features and capabilities, such as autonomous flight and advanced sensors, can raise new safety and security concerns.  

• Enforcement: Enforcing drone regulations can be difficult, especially for identifying and tracking unregistered operators.  

• Public Acceptance: Gaining public acceptance for drone operations is essential for their successful integration into society. Addressing concerns about privacy, noise pollution, and potential accidents is crucial.  

• International Cooperation: Collaborating with other countries to harmonize regulations and address cross-border issues is important for the safe and efficient operation of drones.  

 

For more information, review the recording, and if you need an attorney from Latin America, reach out to us any time to get connected.  

 

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