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Regulation of Drones

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Regulation of Drones Regulation of Drones Australia • Canada • China • France • Germany • Israel Japan • New Zealand • Poland • South Africa Sweden • Ukraine • United Kingdom European Union April 2016 The Law Library of Congress, Global Legal Research Center (202) 707-6462 (phone) • (866) 550-0442 (fax) • [email protected] • http://www.law.gov Contents Comparative Summary ....................................................................................................................1 Australia .........................................................................................................................................13 Canada............................................................................................................................................24 China ..............................................................................................................................................36 France .............................................................................................................................................42 Germany .........................................................................................................................................52 Israel ...............................................................................................................................................60 Japan ..............................................................................................................................................68 New Zealand ..................................................................................................................................71 Poland ............................................................................................................................................83 South Africa ...................................................................................................................................86 Sweden ...........................................................................................................................................98 Ukraine .........................................................................................................................................108 United Kingdom...........................................................................................................................113 European Union ...........................................................................................................................122 Bibliography .................................................................................................................133 Comparative Summary Ruth Levush Senior Foreign Law Specialist I. Introduction The increased use of drones for civilian applications has presented many countries with regulatory challenges. Such challenges include the need to ensure that drones are operated safely, without harming public and national security, and in a way that would protect areas of national, historical, or natural importance. A variety of the countries surveyed in this report have also made efforts to address concerns regarding the property and privacy rights of landowners or other persons impacted by the operation of drones. International standards to regulate certain aspects of drone operations are currently being considered by the International Civil Aviation Organization (ICAO). In 2011 the ICAO issued a circular titled Unmanned Aircraft Systems (UAS) (CIR328). Serving as a first look at the subject, the circular calls on states to provide comments, “particularly with respect to its application and usefulness,” in an effort to proceed with the development of “the fundamental international regulatory framework through Standards and Recommended Practices (SARPs), with supporting Procedures for Air Navigation Services (PANS) and guidance material, to underpin routine operation of UAS throughout the world in a safe, harmonized and seamless manner comparable to that of manned operations.”1 Efforts to harmonize rules of drone operations are currently being undertaken by the European Commission, which has introduced a proposal to integrate all drones, regardless of their size, into the EU aviation safety framework. While some individual countries have adopted legislation or implemented temporary provisions on the operation of drones, various regulatory and legislative proposals are currently being considered. This report surveys the regulation of drone operations under the laws of twelve countries as well as the European Union. Countries surveyed use different terminology in regulating drones. Such terms include “unmanned aircraft systems” (UAS); “unmanned aerial [or air] vehicles” (UAVs), and “remotely piloted aircraft” (RPA). For the purpose of uniformity and to reflect the terminology used by the ICAO, this summary refers to drones as UAS, to include all types of unmanned systems, vehicles, and aircraft, excluding model aircraft used for hobby or recreational purposes. Similarly, in conformity with universal, commonly used measurements, references to weight and distance in this summary are to kilograms (kg), meters, and kilometers. 1 ICAO, Unmanned Aircraft Systems (UAS), Circular 328 AN/190 (2011), https://www.trafikstyrelsen.dk/~/media/ Dokumenter/05%20Luftfart/Forum/UAS%20-%20droner/ICAO%20Circular%20328%20Unmanned%20Aircraft %20Systems%20UAS.ashx, archived at https://perma.cc/J5EM-TSAY. The Law Library of Congress 1 Regulation of Drones: Comparative Summary II. Scope of Regulations Several countries surveyed regulate UAS operations according to their weight and/or type of use. A. European Union Member States The operation of large civilian drones exceeding 150 kg in European Union (EU) Member States is regulated by EU Law and monitored by the European Aviation Service Agency. Smaller drones are largely unregulated at the EU level at this time and are thus regulated by the individual EU Member States. In France the operation of UAS that weigh no more than 25 kg for experimental or testing purposes does not generally require a special permit as long as the operation complies with certain flight requirements. The operation of UAS that have a mass of less than 150 kg for other “particular activities,” primarily for commercial use, is subject to rules. For UAS of 150 kg or more, which are subject to EU-level regulation, the flight and use conditions are authorized on a case-by-case basis. Under German law, the operation of a UAS that weighs more than 25 kg will not be authorized. In order to operate a UAS that weighs more than 5 kg the owner must obtain specific flight authorization from the aviation authority of the German state in question. For UAS that do not weigh more than 5 kg and do not have a combustion engine, a general authorization to fly may be granted for a period of two years. A general authorization is only issued for a specific state, but may be recognized by other states. Poland currently excludes UAS weighing less than 25 kg from registration requirements. If the weight exceeds 25 kg a permit to fly is required and operational restrictions may be applicable. Swedish regulations establish several categories based on UAS weight and usage. UAS used for commercial and research purposes, and those flown outside the sight of the operator, generally require licenses from the Swedish Transport Agency. While generally exempting the operation of UAS weighing 20 kg or less from airworthiness and flight-crew licensing requirements, the United Kingdom subjects UAS that weigh between 20– 150 kg to all articles of its Air Navigation Order. Operators of these aircraft are therefore required, among other things, to obtain a certificate of airworthiness, have a permit to fly, and have a licensed flight crew. B. Australia Newly adopted rules in Australia, when they come into force, will generally exempt commercial flights of UAS weighing less than 2 kg from the need for a remote pilot’s license or operator’s certificate. Operating UAS weighing 2–25 kg will similarly be exempt if flown over a person’s own land for certain purposes and in compliance with standard operating conditions. Operating UAS weighing between 25 and 150 kg under similar conditions will require a remote pilot’s license. Operators of large UAS, as well as smaller UAS for other nonrecreational purposes, will The Law Library of Congress 2 Regulation of Drones: Comparative Summary still be required to obtain a remote pilot license and operator’s certificate. Large UAS must also obtain airworthiness certifications. C. Canada In Canada, the need for a UAS operator to have a special flight operations certificate depends upon whether the UAS is used for recreational or nonrecreational purposes, its weight, and whether particular exemptions apply. UAS that weigh 35 kg or less and are used for recreational purposes do not require such a certificate. The operation of UAS for nonrecreational purposes or of UAS that weigh more than 35 kg (irrespective of the purpose) require a certificate. UAS that weigh less than 2 kg or between 2 kg and 25 kg are subject to exemptions if the operator is able to follow strict safety conditions. New regulations for UAS that weigh 25 kg or less are being developed. These regulations will eliminate the current distinction between recreational and nonrecreational uses. The proposed changes provide a classification system based on the risks involved in the use of UAVs, with the operation of UAS weighing 25 kg or more continuing to be subject to
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