Recently, relevant national departments have successively issued regulations, methods, and standards regarding unmanned aerial vehicles. I have organized the key points that everyone needs to pay attention to, see below:
What is an Unmanned Aerial Vehicle?
An unmanned aerial vehicle refers to an aircraft without an onboard pilot and with its own power system, classified by performance indicators into micro, light, small, medium, and large categories. An unmanned aerial vehicle is commonly known as a “drone.”
What are Controlled Airspace and Suitable Flight Airspace?
Controlled Airspace: Airspace above a true height of 120 meters, including no-fly zones, restricted areas, and surrounding airspace, military low-altitude flight airspace, and the airspace above the following areas.
Suitable Flight Airspace: Airspace outside the controlled airspace range is suitable for micro, light, and small drones (referred to as “suitable flight airspace”).
How to Organize and Implement Drone Flights?
On December 31, 2023, the Civil Aviation Administration issued a notice regarding the supervision and service of civil unmanned aerial vehicles, clarifying relevant guidelines for registration, airworthiness, operation certificates, and operators. For specific information, please visit the official website:
http://www.caac.gov.cn/XXGK/XXGK/TZTG/202312/t20231231_222550.html
On January 1, 2024, the civil unmanned aerial vehicle comprehensive management platform (hereinafter referred to as the UOM platform) officially went online, with the website: https://uom.caac.gov.cn, initially providing functions such as registration management, operation permits, operational management, and airspace inquiries.
(1) Drone flight activities within China can be applied for through the UOM platform. Flights in controlled airspace must be applied for and approved before flying.
(2) Suitable flight airspace inquiries. Suitable flight airspace for unmanned aerial vehicles within China can be inquired through the UOM platform.
(3) Flight Activity Applications
1. Units or individuals organizing drone flight activities must submit flight activity applications through the UOM platform at least 12 hours before the planned flight. The air traffic management authority must make a decision to approve or disapprove before 21:00 the day before the flight.
2. The following flight activities do not require an application to the air traffic management authority: First, flights of micro, light, and small unmanned aerial vehicles in suitable flight airspace; Second, regular agricultural unmanned aerial vehicle operation flights. Third, except for areas with special requirements, units managing relevant facilities can organize drone flights in controlled airspace below 120 meters after reaching an agreement with the air traffic management authority, without needing to apply; however, confirmation from the air traffic management authority is required one hour before the planned takeoff.
3. Activities involving the use of communication base stations or the internet for drone relay flights, transporting dangerous goods or airdropping items (excluding regular agricultural unmanned aerial vehicle flights), flying over crowds, controlling drones from moving vehicles, conducting distributed operations or cluster flying activities, which require relevant permits and filing procedures, must provide proof materials issued by relevant departments.
4. For routine flight activity applications, if drones perform the same task within the same airspace with a certain time span and flight frequency, they can submit a routine flight activity application 3 days before the first flight, with the air traffic management authority making a decision to approve or disapprove one day before the flight.
5. For emergency tasks such as anti-terrorism stability maintenance, disaster relief, and medical assistance using drones, applications must be submitted to the air traffic management authority 30 minutes before the planned takeoff. The air traffic management authority must make a decision to approve or disapprove 10 minutes before takeoff. For particularly urgent tasks, the using unit can apply for flight activities at any time.
(4) Pre-flight Confirmation
Units or individuals who have obtained approval for flight activities must report the expected takeoff time and preparation status 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.
Before flying, safety preparations should be made, and the status of the drone should be checked, updating electronic fence information in a timely manner.
(5) In-flight Management Requirements
1. When flying in suitable flight airspace, unmanned aerial vehicles should enhance air observation, promptly detect and eliminate potential collision risks, and be responsible for flight safety.
2. Small unmanned aerial vehicles flying in suitable flight airspace must not exceed a maximum flight speed of 100 kilometers per hour and must have automatic sensing and avoidance capabilities.
3. Except for micro drones, all unmanned aerial vehicles must continuously report identification information to the UOM platform as required. Micro, light, and small unmanned aerial vehicles must broadcast identification information automatically during flight.
Important Safety Considerations for Flying
On January 1, 2024, the Interim Regulations on the Management of Unmanned Aerial Vehicle Flights (hereinafter referred to as the Regulations) will officially come into effect. (Click the end of the article to read the original text.)
Strictly adhere to the following behavioral norms. If any violations occur, law enforcement agencies and other departments will impose penalties according to the law.
Operators of unmanned aerial vehicles must comply with the following behavioral norms:
① Legally obtain relevant licenses and documents and carry them for inspection during flight activities;
② Make safety flight preparations before 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 unmanned aerial vehicles in real-time, maintain smooth communication with air traffic management for approved flight activities, comply with air traffic management, and report promptly after flights end;
④ Maintain necessary safety distances as per the regulations of the national air traffic management authority;
⑤ When operating micro drones, ensure they fly within visual range;
⑥ When operating small drones in suitable flight airspace, comply with the national air traffic management authority’s regulations regarding 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 alcohol, narcotics, or other drugs;
⑩ Other behavioral norms for flight activities as stipulated by the national air traffic management authority.
The following behaviors are prohibited when using unmanned aerial vehicles:
① Illegal photography of military facilities, military industrial facilities, or other sensitive locations;
② Disrupting the work order of agencies, groups, enterprises, or public places;
③ Interfering with the lawful duties of state officials;
④ Dropping promotional materials or other items containing illegal content;
⑤ Endangering public facilities, units, or personal property safety;
⑥ Endangering others’ lives and health, illegally collecting information, or infringing on others’ personal rights;
⑦ Illegally obtaining or leaking state secrets, or unlawfully providing data and information to foreign entities;
⑧ Other behaviors prohibited by laws and regulations.
Key Penalties Specified in the Regulations:
① Conducting flight activities without real-name registration may result in correction orders from law enforcement agencies and fines of less than 200 yuan; for serious cases, fines of 2,000 to 20,000 yuan may be imposed.
② Operating without legally required liability insurance may result in correction orders from the civil aviation authority and fines of 2,000 to 20,000 yuan; for serious cases, the unit conducting flight activities may be ordered to cease operations or have its operating certificate revoked.
③ Minors violating regulations while operating civil unmanned aerial vehicles may result in fines of 500 to 5,000 yuan for their guardians; serious cases may lead to the confiscation of the violating drone.
④ Operating civil unmanned aerial vehicles without a controller’s license may result in fines of 5,000 to 50,000 yuan; serious cases may result in fines of 10,000 to 100,000 yuan.
⑤ Operating civil unmanned aerial vehicles beyond the scope of the controller’s license may result in fines of 2,000 to 20,000 yuan and temporary suspension of the controller’s license for 6 to 12 months; serious cases may lead to revocation of the controller’s license, with applications not accepted for 2 years.
⑥ Operating micro, light, or small civil unmanned aerial vehicles in controlled airspace without approval, or operating model aircraft outside designated air traffic management areas may result in correction orders from law enforcement agencies to cease flying, fines of less than 500 yuan; serious cases may lead to confiscation of the violating drone and fines of 1,000 to 10,000 yuan.
⑦ Illegally possessing or using drone countermeasures may result in confiscation by radio management authorities and law enforcement agencies, with fines of less than 50,000 yuan; serious cases may lead to fines of 50,000 to 200,000 yuan.
On January 3, 2024, the Ministry of Transport issued the Rules for the Safety Management of Civil Unmanned Aerial Vehicle Operations, clarifying the management institutions and responsibilities, operational classifications, operator management, and air traffic management for civil unmanned aerial vehicles. Please visit the official website for more information:
https://xxgk.mot.gov.cn/2020/jigou/fgs/202401/t20240103_3980642.html
Source: Shanghai Transportation