Agência Nacional de Aviação Civil (ANAC)www.anac.gov.br
Overview of Brazilian UAV laws
Dated: 02/09/2015 Draft regulation will be in open court until 03/10
Brasilia, September 2, 2015 – The proposal of the National Civil Aviation Agency (ANAC) for use of Unmanned Aerial Vehicles (UAV) non-self, also known as Remotely Aircraft Steered (RPA) and model airplanes, enter into public hearing (AP No. 13/2015) from tomorrow (03/09). The contributions of the whole society can be sent to email@example.com to 18h of the day 03/10/2015. The process concerning the documents may be consulted on the Agency website (www.anac.gov.br, Transparency, Public Hearings) or here. On 11/09, 10am to 13h, will face session on the draft at the headquarters of ANAC in Brasilia (DF).
The proposed standard is to premises facilitate the operations, provided that the safety of the people can be preserved, minimize administrative and bureaucratic burden, given that the rules will be established in accordance with the level of complexity and risk involved in the operations, and allow evolution of regulation as the development of the sector.
The new rules should be observed not to self-employed civilian operations of UAV (RPA) and Non-Self-model aircraft, in which the remote pilot is able to intervene in the operation. Ie operations with UAV or autonomous model airplanes remain prohibited.
The proposal divides all remotely piloted aircraft (RPA) into three classes:
Class 1 (weight greater than 150 kg) – Aircraft must be certified by the FAA, will be recorded in the registry Brazilian Aeronautical (RAB) and drivers must have Certified Medical Aviation (CMA) license and qualification. All flights must be registered.
Class 2 (less weight or equal to 150 kg and more than 25 kg) – Aircraft will not need to be certified, but manufacturers must comply with the required technical requirements and have the project approved by the Agency. They should also be registered with the RAB and pilots must have CMA, license and qualification. All flights should also be recorded.
Class 3 (weight less than or equal to 25 kg) – If operated up to 400 feet above ground level (approximately 120 meters) and visual sight line, are only registered (presenting information on the operator and equipment). Will not be required CMA will not be necessary to record the flight. License and activation will only be required for those wishing to operate above 400 feet. RPA operations up to 25 kg can only occur at a minimum distance of 30 meters from a person. The distance may be less in the case of consenting persons (those who expressly agree to the operation) and persons involved in the operation. In urban and rural settlements areas, operations will be of no more than 200 feet above ground level (about 60 meters).
Minimum age – RPA Pilots of the three classes must be at least 18 years.
Insurance – insurance will be required with third parties damage coverage for all RPA (the three classes), except for public safety agencies and civil defense.
illegal activities or invasion of privacy – illegal activities or invasion of privacy with RPA use will naturally processed by the competent law enforcement authorities.
civil defense and public safety – public and civil defense security organs can operate in any areas under the responsibility of the body (or the operator is at their service), with due regard to the other requirements of the future standard. These operations do not need to have insurance with third parties damage coverage.
Model airplanes – In the case of model airplanes (which are aircraft intended for recreation), there is no need for authorization from ANAC, but should be subject to the minimum distance of 30 meters of non-consenting people. In the case of consenting persons (which expressly agree), this distance need not be observed. Under the proposal, there is no minimum age for model aircraft pilots or compulsory insurance against damage to third parties.
Current rules (until entry into force of the new regulation) – Today, legislation (. Law No. 7.565 / 86) provides that, to operate any aircraft should be authorized. Under the FAA, the Supplemental Instruction (SI No. 21-02A) 2012 provides for the issuance of authorization for use of UAV (RPA) only for research and development and pilot training. These authorizations from ANAC do not exclude the need for consent of other public officials as DECEA and ANATEL. For the use of model aircraft, today force the DAC Ordinance No. 207 / STE / 1999, in which the equipment must comply with the restriction of not operating in the approach areas and runway airfield and never go higher than 400 feet (about 120 meters ) maintaining the equipment within reach of the driver’s vision.
The use of unauthorized aircraft is subject to the penalties provided for in Law No. 7,565 / 86.
Department of Airspace Control (DECEA), the Aeronautical Command, on the occurrence of the procedure so that a statement called NOTAM is issued.