How Should Drones Fly Legally?

The “Interim Regulations on the Management of Unmanned Aerial Vehicle Flight” (State Order No. 761), 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 for public safety management of civil unmanned aerial vehicles, regulatory services, and the behavioral norms that must be followed during flight activities. So how should drones fly legally?

Question

What categories of civil unmanned aerial vehicles are legal?

Answer

The regulations classify civil unmanned aerial vehicles (commonly known as “drones”) into categories based on performance indicators such as empty weight, maximum cruising speed, and maximum flight altitude: micro unmanned aerial vehicles, light unmanned aerial vehicles, small unmanned aerial vehicles, medium unmanned aerial vehicles, and large unmanned aerial vehicles.

In daily use, it is essential to confirm the category of your drone, as different categories correspond to different management requirements regarding flight airspace, pilot license qualifications, mandatory insurance, and pilot civil liability.

Question

Where can drones legally fly?

Answer

According to the regulations, airspace above a true altitude of 120 meters, restricted airspace, military low-altitude flight zones, and 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 boundary line; (3) Military restricted areas, military management areas, and surrounding areas of sensitive units; (4) Areas for the protection of important military industrial facilities, nuclear facility control areas, and areas for the production and storage of flammable and explosive materials; (5) Public infrastructure such as power plants, substations, gas stations, public transport hubs, and surrounding areas; (6) Facilities requiring special electromagnetic environment protection such as radio astronomy observatories and surrounding areas; (7) Important revolutionary memorials and immovable cultural relics; (8) Other areas specified by the national air traffic management authority.

Airspace outside of controlled airspace is suitable for micro, light, and small unmanned aerial vehicles.

The specific boundaries of controlled airspace are determined by air traffic management authorities at all levels according to the regulations of the national air traffic management authority, and are published by the municipal governments. No unmanned aerial vehicle flight activities may be conducted in controlled airspace without the approval of the air traffic management authority.

Question

How should one apply for flight activities?

Answer

Unless 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 authority at least 12 hours before the planned flight. The air traffic management authority must make a decision to approve or disapprove the application by 21:00 the day before the flight. Units or individuals who have received approval for flight activities must report their expected takeoff time and preparations to the air traffic management authority one hour before the planned takeoff, and may only take off after confirmation from the air traffic management authority.

Micro drones can fly in suitable airspace below a true altitude of 50 meters outside controlled airspace, while light and small drones can fly in suitable airspace below a true altitude of 120 meters without submitting a flight activity application.

Question

How to obtain a drone pilot license?

Answer

Individuals piloting small, medium, and large civil unmanned aerial vehicles must meet certain entry requirements (as per Article 16 of the regulations) and apply to the civil aviation authority for the corresponding unmanned aerial vehicle pilot license. Those engaged in regular agricultural operations with unmanned aerial vehicles are not required to obtain a pilot 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, and obtain an operation certificate upon passing.

Individuals without civil capacity may only operate micro civil unmanned aerial vehicles, while individuals with limited civil capacity may operate micro and light civil unmanned aerial vehicles, under the guidance of individuals with full civil capacity who are proficient in the operation methods and aware of risk warnings and management regulations.

Question

How to ensure the safe flight of drones?

Answer

Currently, the application of drones is becoming increasingly widespread. They are small, fly at low altitudes, and have high flight frequencies, making them prone to risk incidents.

The police remind: the use of drones must strictly comply with national, local, and aviation regulations, and fly within suitable airspace. Owners must 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, liability insurance, obtaining a pilot license, applying for flight activities, and confirming takeoff. All these steps can be completed on the “National Unmanned Aerial Vehicle Integrated Supervision Service Platform (Civil Unmanned Aerial Vehicle Comprehensive Management Platform)“.

At takeoff, strictly adhere to airspace requirements and fly within legal airspace. When conducting aerial photography, familiarize yourself with the surrounding conditions of the flight airspace, closely monitor signal conditions, ensure stable signal connection, avoid collisions due to obstacles, and minimize flight risks. It is also important to strictly adhere to the prohibited flight norms specified in the regulations, such as not being affected by alcohol, narcotics, or other drugs during flight, to maximize safety.

Question

How should the public handle discovered violations of drone flight?

Answer

Any unit or individual who discovers a drone flying in violation of regulations can report it to the air traffic management authority, civil aviation management department, or public security authorities. The department or unit receiving the report must handle it in accordance with the law in a timely manner. If it does not fall under the responsibilities of the department or unit, it should be promptly transferred to the competent department or unit for handling. In favorable conditions, public security authorities may take preliminary action against low-altitude targets and are responsible for handling the site after a drone violation.

Question

What penalties will be imposed for drone flight violations?

Answer

Violations of the regulations concerning the design, production, import, maintenance, insurance, real-name registration, and flight of drones will be administratively punished by civil aviation management, public security, market supervision, industrial and information technology, and agricultural authorities according to their responsibilities. Violations of public security management will be punished by public security authorities; if it constitutes a crime, criminal responsibility will be pursued; and if it causes personal, property, or other damages, civil liability will be pursued according to the law.