Recently, the distribution of CAA announced the management approach of the use for civil unmanned aircrafts (provisional regulations) (MD-TR-2018-01). This regulation explained some problems related to how the operators of civil unmanned aircrafts get business certificates. Due to the regulation, the flying activities operated by civil unmanned aircraft companies will be legitimized. This regulation will be put into action on June 1, 2018.
This regulation is suitable within China (except Hong Kong, Macau and Taiwan) and it is enacted to regulate flying activities, like aviation spraying, aerial photography, performance flying and UAV pilot training. Meanwhile, this regulation doesn’t include carrying passengers or cargo operational flight activities.
The following is the original document:
The management approach of the use for civil unmanned aircrafts (provisional regulations)
The distribution supervisor of CAA drought out the management approach of the use for civil unmanned aircrafts (hereinafter referred to as The Approach) in order to innovate permissive management, encourage the development of the new industry, meet the needs of regulated operation and expand UAV applications. As consulted by all the parties, The Approach is printed and distributed.
The Approach will be effective after June 1st, 2018.
Title One General Regulations
Chapter 1
This regulation is used to regulate the flying activities of civil UAV, enhance market overseeing, and guarantee the healthy development of the UAV industry, and also coordinate with the civil aviation act.
Chapter 2
This regulation is suitable within China (except Hong Kong, Macau and Taiwan), and it is enacted to regulate flying activities, like aviation spraying, aerial photography, performance flying and UAV pilot training.
However, this regulation doesn’t include carrying passengers or cargo operational flight activities.
Chapter 3
According to this Chapter, the flying activities mentioned in Chapter 2 should get permission certificates before operating. If there’s no permission certificate, then the flying activities are forbidden.
Chapter 4
Civil Aviation Administration of China (CAAC) regulates the general system of permission certificates. Regional Civil Aviation Administration of China (RCAAC) is responsible for regional management of issuing permission certificates.
Title Two: The requirement and procedure to apply permission certificates
Chapter 5
The requirement for getting permission certificates are as follow:
I. Subjects that conduct operations should be the enterprise as legal persons, who should be Chinese citizens;
II. Companies should own at least one unit of UAV, and the name of each company should be registered in the system of civil UAV name registration;
III. Companies should have the department of operation authorization or ability of training. (This chapter only applies to training activities);
IV. Insuring in the UAV operation third party’s liability insurance.
Chapter 6
If companies that have one of the issues stated below, they cannot get permission certificates:
I. Applicants that provided false materials reapply within one year;
II. Applicants that got permission certificates suspended due to fraud and bribery reapply within three years;
III. Companies that have been put in the “black list” of civil UAV regulation due to serious breach of trust;
IV. Other circumstances that violate the law and regulation.
Chapter 7
Applicants should apply permission certificates online via civil UAV operation certificate regulation system (http://uas.ga.caac.gov.cn), and guarantee the material submitted is authentic, legal and valid:
I. Basic information about enterprise as legal person;
II. Registration No. under a real name of the UAV;
III. Certified No. of the UAV training agency (this rule only applies to training activities);
IV. Prove of UAV operation third party’s liability insurance;
V. Information about UAV operation projects
Chapter 8
RCAAC should decide whether applicants get approved or not within 20 days of the dates submitted successfully. If approved, applicants should get electronic version of permission certificates; if not, applicants can search the reason why they were denied online.
Chapter 9
If there are any change to factors related to the permission of certificates, certificate holders should submit changes via the system online.
Chapter 10
RCAAC should decide whether applicants get proved or not within 20 days of the dates submitted successfully. If approved, applicants should get electronic version of permission certificates; if not, applicants can search the reason why they were denied online.
Title Three Supervision
Chapter 11
All the flying activities operated by the certificate holders should comply with law and UAV operating regulation.
Chapter 12
Certificate holders should keep the condition align with the requirements.
Chapter 13
All the flying activities operated by the certificate holders should have an environment friendly approach.
Chapter 14
All activities conducted by the certificate holders should be operated with the scope listed in the regulation.
Chapter 15
Certificate holders should update activity information via the system within 72 hours after flying.
Chapter 16
If there’s one situation stated below, RCAAC should revoke permission certificates:
Issuing permission certificates to applicants who are not competent;
I. Other situations that violate law and regulation
Chapter 17
If certificate holders have any situation stated below, RCAAC should work on cancellation procedures for permission certificates：
I. Disqualification of corporative organizations due to bankruptcy and close-down;
II. Permission certificates are revoked;
III. Certificate holders request for cancellation;
IV. Other situations that need to be canceled according to law and regulation.
Chapter 18
UAV operation permission certificates cannot be altered, lent, traded or transferred.
Chapter 19
Certificate holders should print the permission certificate online, and put it in the most noticeable place.
Chapter 20
Before permission certificates are revoked, they are long term effective.
Explanation of terms
Aerial spraying
Spraying liquid or solid dry matter aiming targets on the ground by using professional equipment through flying.
Aerial filming
Receiving electromagnetic wave from earth surface by using professional equipment through flying.
Aerial photography
Collecting photographs by using professional equipment through flying.
Flying performance
The flying activities that show the capability, skill, knowledge and ornamental value of UAV flying.
Operator training
The training activities that train qualified flying operators by training agencies.
Civil UAV operating regulations
Civil UAV real name registration regulation (AP-45AA-2017)
Civil UAV aerial transportation regulation (MD-TM-2016-004)
Civil UAV operator regulation (AC-61-FS-2016-20R1)
Light weight UAV operating regulation (trial) (AC-91-FS-2015-31)
Civil UAV temporary regulation (ALD2009022)
The distribution supervisor of CAA announced the management approach of the use for civil unmanned aircrafts (provisional regulations)
According to The Approach, the distribution supervisor of CAA released an article to interpret the regulation on April 9th, 2018.
Need to regulate
Recently, the UAV industry is booming in China, and solid UAV utilization in fields like agriculture, electricity, mapping and security etc. Predictably, Chinese UAV market will grow at the speed of 30% per year, and the future trend will be UAV flying instead of pilot flying in airlines and cargo airlines.
Meanwhile, the booming UAV industry brought some security issues as well. Recently, CAAC has been taking measures to deal with the security issues, and now it’s getting better. However, there’s no regulation for civil UAV operation.
Due to no regulation for civil UAV operation, the 147th Chapter, 2nd part in the civil aviation act is put into use “civil UAV operations should be conducted after getting operation permission from the aviation department from the State Council.” However, the 45th Chapter and 3rd part in the general aviation operating permission regulation stated “Civil UAV operations should be regulated by the department of aviation.” This results in no suitable standard for civil UAV operating regulation.
The approach provides certain standards and rules that help regulate civil UAV operation
Due to the need of UAV industry operation, expansion of UAV application fields, enhancement industrial value, healthy development of industry, CAAC enact , which can help legalize civil UAV operations.
UAV specialists analyzed that the approach indicates the need of the marketing development of civil UAV. Also, it’s the milestone for legalizing the civil UAV operations, which helps regulate operating activities in the future.
Liangsheng Luo, professor of Guangzhou Civil Aviation College, stated that the approach helps provide legal evidence for related government agencies to regulate accordingly. Combining counseling and controlment, the approach prevents sole forbidden flying in some districts. The approach along with Civil UAV aerial transportation regulation, operator management have formed an entire system for regulation, which can improve results of regulation, better UAV utilization in fields, and boost economy growth in China.
Conditional relaxation procedures simplified
The approach only has three articles and twenty chapters, and simplifies the requirement for getting approval, which reduces setting from 10 to 3, training for 4, only keeping enterprise as legal person, real name registered UAV, certified training and Prove of UAV operation third party’s liability insurance. According to the requirements for all UAV, the requirement reduced from two UAVs to one UAV, and gave permission to UAV under 250 grams.
At the early stage of UAV design and management, many regulations were referred to piloted aircrafts’ regulations, so the procedure is very complicated. However, The approach is very simplified. The distribution supervisor of CAA stated that CAA keep customer oriented, simplify and lower the standard the regulation in order to specify UAV operation and make customer feel more convenient.
According to CAA, lowering the entrance standards, The approach also simplified the procedure of applying for the permission certificate. Due to small, scattered, multi features of UAVs, CAA innovated the “civil UAV permission certificates regulation system”, which enables online apply, online processing, online verification and online issuing certificates. CAA should decide whether applicants get proved or not within 20 days of the dates that submitted successfully. If approved, applicants should get electronic version of permission certificates; if not, applicants can search the reason why got denied online. It’s all electronic procedure between applicants and regulation department.
One point is worth mentioning that The approach clarified the regulation of certified UAV operation companies. According to The approach, regulation department enacts integrity management on companies. To be specific, the regulation transformed from supervising people and companies to supervising systems—detect UAV operation information, features, and existing problems through online information exchange from UAV operating companies.
“Simplifying procedure according to law and online application help make application more convenient, balance the responsibility of government regulation, recognize applicants’ conditions and requirements. This approach is creditable.” Hao Liu, vice president of JARUS and college dean of aviation law standards, Beijing University of aeronautics and astronautics, said that his team has recommended revolution for the level of permission for The approach. CAA communicates with the team and take the recommendation. “We are experiencing the revolution of civil aviation regulation by democratic legislation.”
Continuous improvement of classification management
In fact, last August, CAA released The approach which became a hot topic. Some people support it, some state some questions, which The approach is similar to civil UAV real name registered regulations, so this means companies need to re-register again, which complicates the application procedure and regulation.
Facing the question, CAA stated that civil UAV operation permission regulation is different from real name registration regulation in nature, reference, purpose and results.
CAA also explained civil UAV operation permission is an administrative licensing, which belongs to the scale of economy, and help maintain market order; civil UAV real name registration is a regulation for specific time, which belongs to the scale of society, and help gather information.
“In addition, those regulations are different steps of the procedure, so it’s not repetition.” CAA stated, “any vehicles need certificates to be on the road, but if it wants to be an commercial vehicle, it needs another certificate. UAV real name registration is only one step of the permission, unless it got operation permission certificates, it can operate commercial flight.”
Civil UAV operation permission certificates regulation has four commercial categories, which are load passenger, load product, training and project. However, The approach only applies to project and training. Why not included all? Any regulation in the future?
According to those questions, CAA explained due to the complexity of UAV, different level of safety concern, and undetermined nature, The approach doesn’t include load passenger or product.
In order to meet the needs of product loading UAV operations, CAA put two pilot projects in Jiangxi and Shanxi, which explore UAV operation features, specific management, and standardize Chinese regulation. Meanwhile, putting forward related legislation help complete UAV regulation.
“We will evaluate the effectiveness of The approach in order to decide whether make it standard in the same regulation.” From CAA.
Press Release Service by Newswire.com
Original Source: The Distribution Supervisor of CAA Announced the Management Approach of the Use for Civil Unmanned Aircrafts (Provisional Regulations)
