The “Interim Regulations on the Management of Unmanned Aerial Vehicle Flight” (State Order No. 761, hereinafter referred to as the “Regulations”), issued by the State Council and the Central Military Commission, officially came into effect on January 1, 2024. The Regulations clarify the responsibilities of departments in managing public safety for civil unmanned aerial vehicles and the regulatory services, as well as the behavioral norms that must be followed during flight activities. So how should drones fly legally?
Question
What categories of legal unmanned aerial vehicles are there?
Answer
The Regulations categorize civil unmanned aerial vehicles (commonly known as “drones”) based on performance indicators such as empty weight, maximum cruising speed, and maximum flight altitude into micro, light, small, medium, and large unmanned aerial vehicles.
In daily use, it is crucial to confirm the category of your drone, as different categories correspond to different management requirements regarding flight airspace, pilot license qualifications, mandatory insurance, and civil liability of the pilot.
Question
Where can drones legally fly?
Answer
According to the Regulations, airspace above 120 meters, restricted airspace, and surrounding airspace, military low-altitude flight airspace, as well as the airspace above the following areas should be designated as controlled airspace:
(1) Airports and surrounding areas; (2) Areas within a certain range on our side of the national border, actual control line, and border line; (3) Military restricted areas, military management areas, and surrounding areas of classified units; (4) Protection areas for important military industrial facilities, nuclear facility control areas, areas for the production and storage of flammable and explosive materials, and large storage areas for important combustible materials; (5) Public infrastructure such as power plants, substations, refueling stations, water supply plants, public transport hubs, aviation electronic hubs, major water conservancy facilities, ports, highways, and electrified railway lines, as well as surrounding areas and drinking water source protection areas; (6) Facilities requiring special electromagnetic environment protection such as radio astronomy observatories, satellite measurement and control stations, aviation radio navigation stations, and radar stations, as well as surrounding areas; (7) Important revolutionary memorial sites, important immovable cultural relics, and surrounding areas; (8) Other areas specified by the national air traffic management authority.
Airspace outside controlled areas is suitable for micro, light, and small unmanned aerial vehicles.
The specific range of controlled airspace is determined by air traffic management agencies at various levels according to the regulations of the national air traffic management authority and is published by the people’s government at the city level or above. Without approval from air traffic management agencies, no unmanned aerial vehicle flight activities may be conducted in controlled airspace.
Question
How should flight activity applications be submitted?
Answer
Except where otherwise specified in Article 31 of the Regulations, units or individuals organizing unmanned aerial vehicle flight activities must submit a flight activity application to the air traffic management agency at least 12 hours before the planned flight. The air traffic management agency must make a decision to approve or disapprove the application by 21:00 the day before the flight. Units or individuals who have obtained approval for flight activities must report the expected takeoff time and preparations to the air traffic management agency one hour before the planned takeoff, and may only take off after confirmation from the air traffic management agency.
Micro drones flying in suitable airspace outside controlled airspace at a true altitude (i.e., actual height above the ground) below 50 meters, and light and small drones flying in suitable airspace below 120 meters do not need to submit a flight activity application.
Question
How can one obtain a drone operator license?
Answer
Individuals operating small, medium, and large civil unmanned aerial vehicles must meet certain entry requirements (Article 16 of the Regulations) and apply to the civil aviation authority of the State Council for the corresponding unmanned aerial vehicle operator license. Individuals engaged in regular agricultural unmanned aerial vehicle operations do not need to obtain an operator license but must be trained and assessed by the producer of the agricultural unmanned aerial vehicle system according to the regulations set by the civil aviation and agricultural authorities of the State Council, and obtain an operation certificate upon passing.
Individuals without civil capacity can only operate micro civil unmanned aerial vehicles, while individuals with limited civil capacity can only operate micro and light civil unmanned aerial vehicles, and must be guided on-site by individuals with full civil capacity who are proficient in the operation methods of the relevant models and understand risk warning information and management regulations.
Question
How can drone flight safety be ensured?
Answer
Currently, the application of drones is increasing. They are small, fly at low altitudes, and have high flight frequencies, making them susceptible to risk accidents.
The police remind: the use of drones must strictly comply with national, local, and aviation department regulations, flying in suitable airspace. Owners need to complete two steps: real-name registration and submission of identification information (except for micro drones); in controlled airspace, owners must complete six steps: real-name registration, submission of identification information, obtaining liability insurance, obtaining an operator license, flight activity application, and takeoff confirmation. All of the above steps can be completed on the “National Unmanned Aerial Vehicle Integrated Supervision Service Platform (Civil Unmanned Aerial Vehicle Comprehensive Management Platform)“.
When taking off, strictly adhere to airspace requirements and fly within legal airspace. When taking aerial photos, familiarize yourself with the conditions surrounding the flight airspace, closely monitor signal status, ensure stable signal connection, avoid collisions due to obstacles, and reduce flight risks. Additionally, strictly comply with the prohibitive norms set forth in the Regulations, such as avoiding the influence of alcohol, narcotics, or other drugs during flight, to maximize safety during flight.
Question
How should the public handle drones flying illegally?
Answer
Any unit or individual discovering illegal drone flights can report to the air traffic management agency, civil aviation authority, or public security agency. The departments or units that receive the report should handle it in accordance with the law in a timely manner. If it does not fall under the responsibility of the department or unit, it should be promptly transferred to the competent department or unit. For unclear situations in the air and illegal flights, the public security agency may take preliminary measures against low-altitude targets when conditions are favorable and is responsible for handling the scene of illegal drone flights after they land.
Question
What penalties will be imposed for illegal drone flights?
Answer
Violations of the Regulations concerning the design, production, import, maintenance, insurance, real-name registration, and flight management of drones will be administratively punished by the civil aviation authority, public security agency, market regulation authority, industrial and information technology authority, and agricultural rural authority according to their respective responsibilities, in accordance with the relevant provisions of the Regulations. Those constituting violations of public security management will be punished by the public security agency; those constituting crimes will be prosecuted for criminal responsibility; and those causing personal, property, or other damages will bear civil liability according to the law.
Further Reading
▲ Click the image to view the original text of the Regulations
(Source: Nanning Public Security Bureau Security Division)
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