Drone regulations overview for Civil Use in EU, USA, China, UK, russia

With the rapid growth of the drone industry, it has become essential for nations to establish comprehensive and well-balanced regulations to ensure safe and responsible drone operations while fostering innovation and economic growth. 

As a result, we have undertaken this research to provide a comprehensive overview of drone regulations across various countries.

 

The term drone can be used for all types of unmanned aircraft, aerial vehicle and aircraft systems. Drones are increasingly being used for various purposes such as surveillance, fire and gas detection, delivery, agriculture and photography. While drones have the potential to revolutionize many industries, their increasing use has also raised concerns about safety, privacy, and security. As a result, many countries have implemented regulations to ensure safe and responsible use of civil drones. 

 

In general, the regulations for drones in most countries aim to ensure the safety of people and property, protect national security and privacy, and promote innovation and economic growth in the drone industry. However, the rules and requirements can vary significantly from country to country, and operators should be aware of the specific regulations that apply to their situation.

 

In the EU:

• European Union Aviation Safety Agency (EASA) under Regulation (EU) 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency is responsible for developing technical standards for the safety and security of drones, as well as overseeing the implementation of safety regulations by member states. 

• Regulation (EU) 2019/945 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems sets out the requirements for the certification of drones, their design, production, and maintenance to ensure their safety and compatibility with the EU aviation system.

• Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircraft, which is applicable since 31 December 2020 in all EU Member States, has the aim to establish a harmonized regulatory framework for the operation of drones within the EU. It introduces three categories of drone operations (‘open’ (flights with low risk), ‘specific’ (medium risk) and ‘certified’ (high risk, larger size or dangerous cargo)) with different safety requirements, proportionate to the risk, and sets out the requirements for drone operators. The regulation does not make a distinction between commercial and recreational drones except for mandatory insurance and requires all drone operators to register themselves and their drones, and to take an online training course. From January 2023, all drones in the ‘open’ category can carry a camera but cannot transport consumer goods.

 

In the US:

• • The registration and marking requirements for drones of less than 25 kg, including unmanned recreational aircraft, can be found in 14 Code of Federal Regulations (CFR) part 48, for a drone weighing more than 25 kg – in 14 CFR Part 47. From August 2016, drones that weigh between 250 g to 25 kg need to be registered through an online system. Drones weighing 25 kg or more must be registered using the paper (N-number) registration process used for traditional manned aircraft.

• Conditions to operate small recreational drones (those weighing less than 25 kg) without Federal Aviation Administration (FAA) requirements or authorization are codified in 49 United State Code (USC) 44809. Eight conditions that must be met to qualify for the exemption for small recreational drone: 1) piloted for non-profit purposes; 2) specifically aeronautical awareness; 3) move within the visual field of the pilot; 4) safe distance; 5) authorisation from the FAA to fly drones; 6) maximum height of 120 meters; 7) safety testing; 8) registration number.

• In addition to federal drone regulations, several states also have passed laws regulating the use of drones for surveillance, including restrictions on the collection of personal information, for example:

• • in Arkansas under Act 293 video voyeurism (invasion of privacy) is prohibited. Act 1019 prohibits to employ drones for the purpose of surveillance or obtaining data on ‘critical infrastructure’, such as oil refinery, chemical factories, etc., without obtaining written permission beforehand.

• in California under Section 1708.8 Civil Code the use of drones to capture video and/or a sound recording of another person without their consent (invasion of privacy) is prohibited.

• in Florida under Section 934.50 Criminal Code use of drones for surveillance in violation of privacy is prohibited with exemption only for law enforcement with a valid search warrant.

• Tennessee prohibited using drones to take pictures and videos of individuals or events where more than 100 people are gathered unless otherwise consented (Tennessee Code Section 39-13-903(a)).

 

In China:

• According to the Regulations on the Real-name Registration of Civil Unmanned Aerial Vehicles (The Real-name Registration Rules) issued by the Airworthiness Certification Department of Civil Aviation Administration of China (CAAC)  since June 2017 civilian drones with a mass of more than 250 grams shall be registered with real name. Any drone weighing between 7 kg and 116 kg requires a CAAC license. 
• Starting June 1, 2018, any business activity involving the use of drones weighing 250g or above (such as aerial application, photography and performances, but excluding passenger or cargo carriage) also requires a license.
• From May 16, 2017, manufacturers must register themselves and disclose name and mobile telephone of drone purchasers.
• There are no comprehensive laws or administrative regulations regarding drones at the national level. Proposed by the State Council and the PRC Central Military Commission in January 2018 Draft ‘Interim Administrative Measures on the Operation of Unmanned Aircrafts’ has not yet come into force. Normative documents of the CAAC are not enforceable nationwide and may be challenged in court.
• The Real-name Registration Rules do not contain penalties for failure to comply with the requirements for drones’ operation. In January 2017 the Draft Revisions for Solicitation of Public Comments on the Punishments Law were issued, whereby it was proposed that flying a civilian-use drone at low altitude in violation of provisions of the state would be punished by criminal detention of up to 15 days.

In the UK: 

• The Drone and Model Aircraft Code (the Drone Code) covers all the requirement for safe and responsible drone use, developed by the Civil Aviation Authority (CAA). Under the Drone Code, drones must be kept within 400 feet in altitude and 500 meters in distance from people and property. The operator must maintain a line-of-sight with the drone at all times, and the drone cannot be flown over congested areas or within 150 meters of any large groups of people, such as concerts or sporting events. Drone pilots must ensure that they do not take any photos or videos of individuals without their consent.

• The Air Traffic Management and Unmanned Aircraft Bill give the police the power to require a person to land a drone, obtain a warrant to search property, issue a fixed penalty notice for certain drone offences, stop and search people and vehicles where offences involving drones have been committed.

• Air Navigation Order 2016 (ANO) is a set of regulations that governs the operation of all aircraft, including drones, in UK airspace. The ANO requires drone operators to obtain permission from the CAA before flying in certain restricted areas and follow specific operational requirements, such as maintaining a safe distance from people and property. In 2021ANO was changed bring the framework in line with the rules in the EU. Changes to ANO in 2021 bring the UK’s framework in line with the rules in the EU (absence of the distinction between commercial and leisure use, operations fall within three categories: open, specific and certified).

In Russia:

• Legislation does not regulate fully autonomous models of unmanned aerial vehicles programmed to fly without human intervention.
• Starting from March 22, 2022, registration of a drone with a takeoff weight of 150 g to 30 kg (light drones) is carried out by notifying the Federal Air Transport Agency about the fact of owning a drone. Registration under The Russian Air Code is provided for drones with a takeoff weight above 30 kilograms (heavy drones). Registration involves issuing a registration certificate, drone number and entering it into a special register.
• Civilian drones weighing less than 30 kg can be launched without permission of the local office of the Air Traffic Management system or the State Civil Aviation Authority of Russia (SCAA) at a flight altitude of no more than 150 meters. In other cases, as well as when launching heavy drones, permission to use the airspace is required.
• Flights are prohibited over cities of federal significance: Moscow, St. Petersburg, Sevastopol (Order of the Ministry of Transport No. 254 dated 06/24/2020) and over mass gatherings of people.
• The commercial use of the drone needs obtaining a certificate of the operator from SCAA.
•  Violation of the rules for registering and using a drone entails compensation for damages, administrative liability in the form of a fine (Article 11.4 of the Code of Administrative Offenses) or criminal liability up to three years imprisonment (Articles 109, 118 of the Criminal Code of the Russian Federation).

SUMMARY

The regulation of drones in different countries is a complex and constantly evolving issue. While many countries have introduced laws and regulations to govern the use of drones for both commercial and recreational purposes, there is no universal set of rules or standards for their operation.

Some countries, such as the US, have established comprehensive regulatory frameworks that require drone operators to obtain a license to conduct commercial drone operations and follow specific operational requirements.

US is one of the most stringent countries in terms of drone regulations.

The UK’s regulations for drones are among the most comprehensive in the world, and are designed to ensure that everyone is kept safe and the airspace remains free from disruption.

The EU has also established a comprehensive regulatory framework for drones, which sets out common safety rules for their operation across all EU member states.

Other countries, such as China, have introduced very liberal regulations to encourage innovation and growth in the drone industry. As the use of drones continues to grow around the world, it is likely that we will see further changes and updates to regulations to ensure their safe and responsible operation.

Best regards,

The Team at WiseRegulation.org Think Tank