In recent years, with the rapid development of general aviation in China and the continuous improvement of material living standards, unmanned aerial vehicles (commonly known as drones) have been widely used in fields such as entertainment, aerial photography and surveying, agricultural protection, and emergency rescue. The “Interim Regulations on the Flight Management of Unmanned Aerial Vehicles” (State Order No. 761) issued by the State Council of the People’s Republic of China and the Central Military Commission of the People’s Republic of China will officially take effect on January 1, 2024. The regulations clarify the departmental responsibilities for public safety management of civil unmanned aerial vehicles and the behavioral norms that must be followed when conducting flight activities.So, how should drones be flown legally?
1. What Types of Civil Unmanned Aerial Vehicles Are Legal?
Unmanned aerial vehicles refer to aircraft that do not have a pilot on board and are equipped with their own power systems. They are classified based on performance indicators such as empty weight, take-off weight, and flight speed into: micro, light, small, medium, and large.
(1) Micro unmanned aerial vehicles are defined as those with an empty weight of less than 0.25 kilograms, a maximum flight altitude not exceeding 50 meters, a maximum cruising speed not exceeding 40 kilometers per hour, and radio transmission equipment that meets the requirements for low-power short-distance technology, allowing for manual intervention at any time during the flight.
(2) Light unmanned aerial vehicles are those with an empty weight not exceeding 4 kilograms and a maximum take-off weight not exceeding 7 kilograms, with a maximum cruising speed not exceeding 100 kilometers per hour, possessing airspace retention capabilities and reliable monitoring capabilities that comply with airspace management requirements, allowing for manual intervention at any time during the flight, but excluding micro unmanned aerial vehicles.
(3) Small unmanned aerial vehicles are those with an empty weight not exceeding 15 kilograms and a maximum take-off weight not exceeding 25 kilograms, possessing airspace retention capabilities and reliable monitoring capabilities that comply with airspace management requirements, allowing for manual intervention at any time during the flight, but excluding micro and light unmanned aerial vehicles.
(4) Medium unmanned aerial vehicles are those with a maximum take-off weight not exceeding 150 kilograms, but excluding micro, light, and small unmanned aerial vehicles.
(5) Large unmanned aerial vehicles are those with a maximum take-off weight exceeding 150 kilograms.
Public Security Reminder: Operators should purchase and use drones produced by legitimate manufacturers, and it is strictly prohibited to illegally crack drone electronic fences or modify drones without authorization.
2. How to Register Real Name?
According to the regulations, the owner of a civil unmanned aerial vehicle must register their real name legally, regardless of type or weight, and must perform real-name registration for their drone before flying. The real-name registration process is as follows:
(1) Enter the Civil Unmanned Aerial Vehicle Comprehensive Management Platform (UOM) website: https://uas.caac.gov.cn
(2) Register the drone. Log in to the homepage—click on the registration management in the upper right corner—real-name registration—register the brand of the drone—verify the owner’s information—scan the QR code for face verification—select the manufacturer’s name—select the model and other relevant information (serial number must be entered manually)—upload photos as required—complete the registration.
Public Security Reminder: Drone operators should register legally and proactively report to the local public security authority. Those who violate the regulations by flying civil unmanned aerial vehicles without real-name registration will be ordered to correct by the public security authority and may be fined up to 200 yuan; in severe cases, fines of 2000 to 20,000 yuan may be imposed.
3. What Are the Requirements for Applying for Flight Activities?The “Regulations” Article 19 stipulates that airspace above 120 meters, restricted airspace, military low-altitude flight airspace, airport and surrounding areas, military restricted areas, important revolutionary memorial sites, and other areas are designated as controlled airspace. If flying within controlled airspace is required, a flight application must be submitted in advance to the corresponding air traffic control authority for permission before flying. Controlled airspace includes:(1) Airports and surrounding areas;(2) Areas within a certain range on the side of the national border line, actual control line, and boundary line;(3) Military restricted areas, military management areas, sensitive units, and surrounding areas;(4) Important military industrial facility protection areas, nuclear facility control areas, areas for the production and storage of flammable and explosive materials, and large storage areas for combustible important materials;(5) Public infrastructure such as power plants, substations, gas stations, water supply plants, public transportation hubs, navigation hubs, major water conservancy facilities, ports, highways, railway electrification lines, and surrounding areas, as well as drinking water source protection areas;(6) Radio astronomy observatories, satellite control (navigation) stations, aviation radio navigation stations, radar stations, and other facilities requiring special electromagnetic environment protection and surrounding areas;(7) Important revolutionary memorial sites, important immovable cultural relics, and surrounding areas;(8) Other areas designated by the national air traffic management authority.If flight activities involve any of the following situations, a flight application must also be submitted in accordance with the regulations:(1) Relay flights using communication base stations or the internet;(2) Transporting hazardous materials or dropping items (excluding routine agricultural UAV operations);(3) Flying over crowds;(4) Controlling unmanned aerial vehicles from moving vehicles;(5) Implementing distributed operations or cluster flights.Micro and light unmanned aerial vehicles do not require special approval documents for general aviation flight tasks when flying in suitable airspace.Units or individuals organizing unmanned aerial vehicle flight activities must submit a flight activity application through the Civil Unmanned Aerial Vehicle Comprehensive Management Platform (UOM) at least 12 hours before the intended flight. Log in to the homepage—click on the operation management in the upper right corner—flight activity application—general flight activity.
Public Security Reminder: To ensure national air defense security, public safety, and personal safety, flights must be conducted in accordance with laws and regulations, and operators should stay away from “illegal flights.” Those who violate the regulations by operating micro, light, or small civil unmanned aerial vehicles in controlled airspace without permission, or operating model aircraft outside the airspace designated by air traffic management authorities, will be ordered to cease flying by public security authorities and may be fined up to 500 yuan; in severe cases, the drone used for illegal flying may be confiscated, and fines of 1000 to 10,000 yuan may be imposed.4. What Are the Conditions for Controlling Small, Medium, and Large Unmanned Aerial Vehicles?
According to Article 16 of the “Regulations,” personnel controlling small, medium, and large civil unmanned aerial vehicles must meet the following conditions and apply to the civil aviation authority of the State Council for the corresponding unmanned aerial vehicle operator license (hereinafter referred to as the operator license):
(1) Must have full civil capacity;
(2) Must have received safety operation training and passed the assessment by the civil aviation authority;
(3) Must have no medical history of diseases that could affect the operation of civil unmanned aerial vehicles, and no record of drug use;
(4) Must have no criminal record for intentional crimes that endangered national security, public safety, or infringed upon the personal rights of citizens, or disrupted public order within the last five years.
Personnel engaged in routine agricultural unmanned aerial vehicle operations do not need to obtain an operator license but must be trained and assessed by the manufacturer 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.
Public Security Reminder: Those who control civil unmanned aerial vehicles without obtaining an operator license in violation of the regulations will be punished by the civil aviation authority in accordance with the law.
5. What Should Minors Be Aware of When Flying?
Persons without civil capacity can only operate micro civil unmanned aerial vehicles, while persons with limited civil capacity can only operate micro and light civil unmanned aerial vehicles. If a person without civil capacity operates a micro civil unmanned aerial vehicle or a person with limited civil capacity operates a light civil unmanned aerial vehicle, they must be guided on-site by a person with full civil capacity (who must meet the conditions for obtaining an operator license).
Public Security Reminder: If persons without civil capacity or persons with limited civil capacity violate the regulations by operating civil unmanned aerial vehicles, their guardians may be fined between 500 and 5000 yuan; in severe cases, the unmanned aerial vehicle used for illegal flying may be confiscated.
6. What Behaviors Are Prohibited When Using Unmanned Aerial Vehicles?(1) Illegally photographing military facilities, military industrial facilities, or other sensitive locations;(2) Disrupting the work order of government agencies, organizations, enterprises, or public places;(3) Obstructing government personnel from performing their duties according to the law;(4) Dropping propaganda materials or other items containing illegal content;(5) Endangering public facilities, units, or personal property safety;(6) Endangering the life and health of others, illegally collecting information, or infringing on the personal rights of others;(7) Illegally obtaining or leaking state secrets, or illegally providing data information to foreign entities;(8) Other behaviors prohibited by laws and regulations.7. What Behavioral Norms Should Be Followed When Operating Unmanned Aerial Vehicles?(1) Legally obtain relevant licenses and documents, and carry them during flight activities for inspection;(2) Prepare for safe flight before conducting flight activities, check the status of the unmanned aerial vehicle, and update electronic fence information in a timely manner;(3) Keep track of the flight dynamics of the unmanned aerial vehicle in real-time, maintain smooth communication with air traffic management authorities when conducting approved flight activities, comply with air traffic management, and report promptly after the flight ends;(4) Maintain necessary safety distances as prescribed by the national air traffic management authority;(5) When controlling micro unmanned aerial vehicles, maintain flight within visual range;(6) When controlling small unmanned aerial vehicles in suitable airspace, comply with the national air traffic management authority’s regulations on speed limits, communication, navigation, etc.;(7) When flying at night or in low visibility weather conditions, turn on the lighting system and ensure it is in good working condition;(8) When conducting beyond visual line of sight flights, be aware of the flight dynamics of other aircraft in the airspace and take measures to avoid collisions;(9) Do not operate unmanned aerial vehicles under the influence of alcoholic beverages, narcotics, or other drugs;
Public Security Reminder: Those who violate the “Interim Regulations on the Flight Management of Unmanned Aerial Vehicles” and other relevant regulations will be punished by civil aviation, public security, and other relevant departments in accordance with the law; violations of public security management will be punished by public security authorities according to the “Public Security Administration Punishment Law of the People’s Republic of China”; criminal responsibility will be pursued in accordance with the law for criminal acts.
Source: Uncle Loves Learning the LawLike is a form of encouragement|Share is the best supportClick the bottom right corner to leave a message and express your thoughtsWe look forward to communicating with youContributed by: Han LuxuanEditor: Wang XufeiReview: Li Xin 