Provisional Regulations on Flight Management of Unmanned Aerial Vehicles
Xinhua News Agency, Beijing, June 28. Interim Regulations on Flight Management of Unmanned Aerial Vehicles
general provisions
Article 1 These Regulations are formulated in order to regulate the flight of unmanned aerial vehicles and related activities, promote the healthy and orderly development of the unmanned aerial vehicle industry, and maintain aviation safety, public safety, and national security.
Article 2 Unmanned aerial vehicle flights and related activities within the territory of the People's Republic of China shall comply with these Regulations.
The term "unmanned aerial vehicle" as mentioned in these Regulations refers to an aircraft without an on-board pilot and with its own power system.
Unmanned aerial vehicles are divided into micro, light, small, medium and large according to performance indicators.
Article 3 The flight management of unmanned aerial vehicles shall adhere to and strengthen the leadership of the Party, adhere to the overall national security concept, and adhere to the principles of safety first, service development, classified management, and coordinated supervision.
Article 4 The national air traffic management leading body shall exercise unified leadership over the flight management of unmanned aerial vehicles throughout the country, and organize and coordinate the resolution of major issues in the management of unmanned aerial vehicles.
The civil aviation, public security, industry and information technology, market supervision and management departments of the State Council shall be responsible for the management of unmanned aircraft nationwide in accordance with the division of responsibilities.
The local people's governments at or above the county level and their relevant departments shall be responsible for the administration of unmanned aerial vehicles within their respective administrative areas in accordance with the division of responsibilities.
Air traffic management agencies at all levels shall be responsible for the flight management of unmanned aerial vehicles within their respective areas of responsibility in accordance with the division of responsibilities.
Article 5 The State encourages the scientific research and innovation of unmanned aerial vehicles and the popularization and application of their achievements, and promotes the integration and innovation of unmanned aerial vehicles with new technologies such as big data and artificial intelligence. The people's governments at or above the county level and their relevant departments shall provide support for the scientific research and innovation of unmanned aerial vehicles and the popularization and application of their achievements.
Under the premise of ensuring safety, the state actively innovates the airspace supply and use mechanism, and improves the supporting infrastructure and service system for unmanned aerial vehicle flight.
Article 6 The relevant industry associations of unmanned aerial vehicles shall strengthen industry self-discipline through the formulation and implementation of group standards, publicize the laws and regulations on the management of unmanned aerial vehicles and related knowledge, and enhance the awareness of relevant units and personnel to carry out unmanned aerial vehicle flights and related activities in accordance with the law.
Chapter II Administration of Civilian Unmanned Aircraft and Operator
Article 7 The administrative department in charge of standardization under the State Council and other relevant departments under the State Council shall, in accordance with the division of responsibilities, organize the formulation of national standards and industry standards for the design, production and use of civil unmanned aircraft systems.
Article 8 To engage in the design, production, import, flight and maintenance of medium-sized and large-sized civil unmanned aircraft systems, an application shall be made to the competent civil aviation authority under the State Council for airworthiness permission in accordance with the law.
It is not necessary to obtain an airworthiness license to engage in the design, production, import, flight, maintenance, assembly and assembly of micro, light and small civil unmanned aircraft systems, but the relevant products shall comply with the relevant provisions of product quality laws and regulations and relevant mandatory national standards.
The design, production, and use of civil unmanned aircraft systems shall comply with the relevant national regulations on real-name registration and activation, flight area restrictions, emergency response, and network information security, and effective measures shall be taken to reduce air pollutants and noise emissions.
Article 9 A civil unmanned aircraft system manufacturer shall, in accordance with the provisions of the competent department of industry and information technology under the State Council, set a unique product identification code for the unmanned aircraft it produces.
Producers of micro, light and small civil unmanned aircraft systems shall mark the product type and unique product identification code on the body of the unmanned aircraft, and mark the law-abiding operation requirements and risk warnings in a prominent position on the outer packaging of the product.
Article 10 Owners of civil unmanned aerial vehicles shall register their real names in accordance with the law, and the specific measures shall be formulated by the competent civil aviation authority under the State Council in conjunction with relevant departments.
Civil unmanned aerial vehicles involved in overseas flights shall undergo nationality registration in accordance with the law.
Article 11 Units that use civil unmanned aircraft other than miniature aircraft to engage in flight activities shall meet the following conditions and apply to the competent civil aviation authority under the State Council or the regional civil aviation administrative agency for obtaining a civil unmanned aircraft operation certificate:
There are management institutions, management personnel and control personnel required for the implementation of safe operation in accordance with the provisions of these regulations;
Having unmanned aerial vehicles and related facilities and equipment that meet the requirements for safe operation;
Have the management system and operating procedures required for the implementation of safe operation, and ensure the ability to continuously implement safe operation in accordance with the system and procedures;
Units engaged in business activities shall also be for-profit legal persons.
After receiving the application, the civil aviation administrative department shall conduct an operational safety assessment and make a decision on licensing or non-licensing according to the assessment results. If the license is granted, the operation certificate shall be issued; if the license is not granted, the applicant shall be notified in writing and the reasons shall be explained.
The use of agricultural unmanned aircraft with a maximum take-off weight of no more than 150kg to engage in agricultural, forestry, animal husbandry and fishery operations in the airspace above the agricultural, forestry, animal husbandry and fishery areas without obtaining an operating certificate.
After obtaining the operation certificate, it is not necessary to obtain the general aviation operation license and operation certificate to engage in the operational general aviation flight activities and the regular agricultural unmanned aerial vehicle operation flight activities.
Article 12 The use of civil unmanned aerial vehicles for commercial flight activities and the use of small, medium and large civil unmanned aerial vehicles for non-commercial flight activities shall be insured with liability insurance in accordance with the law.
Article 13 After the micro, light, and small civil unmanned aircraft systems are put on the market, if defects are found, their producers and importers shall stop production and sales, recall defective products, and notify relevant operators and users to stop sales., use. If the producer or importer fails to implement the recall according to law, the market supervision and administration department of the State Council shall order the recall according to law.
If the medium-sized or large-sized civil unmanned aerial vehicle system cannot be continuously airworthy, the competent civil aviation department under the State Council shall deal with it in accordance with the relevant provisions on airworthiness management.
Article 14 Where a civil unmanned aerial vehicle system that has obtained an airworthiness permit has made major design changes and intends to use it for flight activities, it shall re-apply for an airworthiness permit.
The modification of micro, light and small civil unmanned aircraft systems shall comply with the relevant mandatory national standards. If the airspace maintenance capability, reliable monitoring capability, speed or altitude and other factory performance and parameters of the civil unmanned aircraft system change, the owner shall update the performance and parameter information in a timely manner on the integrated integrated supervision service platform for unmanned aircraft.
If a civil unmanned aerial vehicle is modified, it shall comply with the management regulations of the category to which it belongs after modification.
Article 15 The production, maintenance, and use of civil unmanned aircraft systems shall comply with radio management laws and regulations and relevant national regulations. However, if the civil unmanned aircraft system uses a specific radio frequency determined by the national radio regulatory agency, and the relevant radio transmission equipment obtains the radio transmission equipment model approval, it is not necessary to obtain a radio frequency use license and a radio station license.
Article 16 Personnel who control the flight of small, medium and large civil unmanned aircraft shall meet the following conditions and apply to the competent civil aviation authority under the State Council for a corresponding civil unmanned aircraft operator license:
Having full capacity for civil conduct;
Receiving safety control training and passing the examination of civil aviation management department;
No history of diseases that may affect the control behavior of civil unmanned aerial vehicles, and no record of drug use behavior;
In the past five years, there has been no record of criminal punishment for intentional crimes that endanger national security, public safety, infringe upon citizens' personal rights, or disrupt public order.
Personnel engaged in regular agricultural unmanned aerial vehicle operation flight activities do not need to obtain an operator license, but the agricultural unmanned aerial vehicle system manufacturer shall conduct training and assessment in accordance with the contents stipulated by the civil aviation and agricultural and rural competent departments of the State Council, and obtain the operation certificate after passing the qualification.
Article 17 Personnel who control the flight of miniature and light civil unmanned aircraft do not need to obtain an operator's license, but they shall be proficient in the operation methods of the relevant aircraft, understand the risk warning information and the relevant management system.
A person without civil capacity can only control the flight of a miniature civil unmanned aerial vehicle, and a person with limited civil capacity can only control the flight of a miniature and light civil unmanned aerial vehicle. A person with no capacity for civil conduct who controls the flight of a miniature civil unmanned aerial vehicle or a person with limited capacity for civil conduct who controls the flight of a light civil unmanned aerial vehicle shall be guided on the spot by a person with full capacity for civil conduct who meets the conditions specified in the preceding paragraph.
Persons who control light-duty civil unmanned aerial vehicles in the airspace controlled by unmanned aerial vehicles shall have full capacity for civil conduct and shall be trained and qualified in accordance with the provisions of the competent civil aviation authority under the State Council.
Chapter III Management of Airspace and Flight Activities
Article 18 The establishment of unmanned aircraft flight airspace shall follow the principles of overall planning, safety and efficiency, focus on isolation flight, take into account the needs of integrated flight, and fully consider flight safety and public interests.
The designated unmanned aerial vehicle flight airspace should be clear horizontal, vertical range and use time.
Air traffic management agencies shall give priority to the establishment of airspace for unmanned aerial vehicles to perform military, police, customs, and emergency management missions.
Article 19 The State shall, as necessary, establish airspace for the control of unmanned aerial vehicles.
Airspace with a true height of more than 120 meters, air restricted area, air restricted area and surrounding airspace, military aviation ultra-low altitude flight airspace, and airspace above the following areas shall be designated as controlled airspace:
Airport and a certain range of surrounding areas;
The national boundary, the actual control line, the border line to our side of a certain range of areas;
military restricted zones, military administrative zones, places of supervision and other secret-related units, as well as a certain range of surrounding areas;
Areas for the protection of important military facilities, areas for the control of nuclear facilities, areas for the production and storage of inflammable and explosive and other dangerous goods, and large-scale storage areas for combustible and important materials;
Power plants, substations, gas stations, water supply plants, public transportation hubs, aviation and power hubs, major water conservancy facilities, ports, highways, railway electrification lines and other public infrastructure, as well as a certain range of surrounding areas and drinking water source protection areas;
Radio observatories, satellite measurement and control stations, aeronautical radio navigation stations, radar stations and other facilities that require special protection of the electromagnetic environment, as well as a certain range of surrounding areas;
Important revolutionary memorial sites, important immovable cultural relics and a certain range of surrounding areas;
Other areas specified by the national air traffic management authority.
The specific scope of the controlled airspace shall be determined by the air traffic management agencies at all levels in accordance with the provisions of the national air traffic management leading agency, and shall be announced by the people's government at or above the city level divided into districts, and the civil aviation management departments and units with corresponding responsibilities shall issue navigational information.
Unmanned aerial vehicle flight activities may not be conducted in controlled airspace without the approval of the air traffic control agency.
The airspace outside the scope of the controlled airspace is the flight-suitable airspace for micro, light and small unmanned aerial vehicles.
Article 20 In case of special circumstances, the controlled airspace may be temporarily increased, and the air traffic management agency shall determine the horizontal and vertical scope and use time of the relevant airspace in accordance with the relevant provisions of the state.
For the protection of major national activities and other large-scale activities, 24 hours before the temporarily increased controlled airspace takes effect, the local people's government at or above the city level divided into districts shall issue an announcement, and the civil aviation management department and the unit with corresponding responsibilities shall issue navigational information.
For those who guarantee the implementation of military tasks or other emergency tasks such as anti-terrorism and stability maintenance, emergency rescue and disaster relief, medical rescue, etc., 30 minutes before the temporarily increased controlled airspace takes effect, the local people's government at or above the city level divided into districts shall issue an emergency announcement, and the civil aviation management department and the undertaking The corresponding responsible unit issues navigational information.
Article 21 If it is necessary to set up ground warning signs to control airspace in accordance with the provisions of the national air traffic management leading agency, the people's government at the municipal level divided into districts shall organize and strengthen daily inspections.
Article 22 Unmanned aerial vehicles shall normally fly in isolation from manned aerial vehicles.
Fusion flights may be carried out with the approval of the air traffic control authority under any of the following circumstances:
According to the needs of the mission or flight course, the unmanned aircraft under the jurisdiction of the police, customs, and emergency management departments and the manned aircraft used by the department or unit fly in the same airspace or the same airport area;
Flight of large unmanned aerial vehicles with airworthiness clearance;
Flight of a medium-sized unmanned aerial vehicle not exceeding the true height of 300 meters for which an airworthiness permit has been obtained;
Flight of small unmanned aerial vehicles not exceeding the true height of 300 metres;
Flight of a light unmanned aerial vehicle not exceeding the true height of 300 meters above a suitable airspace.
An air traffic control authority's approval is not required to conduct a fusion flight if:
The flight of micro-and light-weight unmanned aerial vehicles in flight-compatible airspace;
regular agricultural unmanned aerial vehicle operational flight activities.
Article 23 The national air traffic management leading agency shall coordinate the construction of an integrated comprehensive supervision service platform for unmanned aircraft, and implement dynamic supervision and services for unmanned aircraft nationwide.
Air traffic management agencies and civil aviation, public security, industry, and information technology departments and units collect relevant information on the production, registration, and use of unmanned aircraft in accordance with the division of responsibilities, and rely on the integrated comprehensive supervision service platform for unmanned aircraft to share, and take corresponding Measures to ensure information security.
Article 24 When unmanned aircraft other than miniature aircraft carry out flight activities, the operator shall ensure that the unmanned aircraft can submit identification information to the unmanned aircraft integrated comprehensive supervision service platform in accordance with relevant national regulations.
Miniature, light, and small unmanned aerial vehicles shall automatically transmit identification information in a broadcast manner during flight.
Article 25 Units or individuals that organize unmanned aircraft flight activities shall abide by relevant laws, regulations and rules, take the initiative to take accident prevention measures, and bear the main responsibility for flight safety.
Article 26 Except as otherwise provided in Article 31 of these Regulations, units or individuals that organize flight activities of unmanned aerial vehicles shall submit an application for flight activities to the air traffic management agency before 12:00 on the 1st day before the planned flight. The air traffic control agency shall make a decision on approval or disapproval before 21:00 on the first day before the flight.
If normal flight activities are carried out in a fixed airspace in accordance with the provisions of the national air traffic management leading agency, an application for long-term flight activities may be submitted and implemented after approval, and the flight plan shall be submitted to the air traffic management agency for the record before 12:00 on the first day before the proposed flight.
Article 27 An application for flight activities of unmanned aerial vehicles shall include the following contents:
Organization of flight activities of units or individuals, control personnel information and relevant qualification certificates;
Type, number, main performance indicators and registration management information of unmanned aerial vehicles;
The nature of the mission and the mode of flight, and the implementation of special general aviation missions specified by the State shall also provide effective mission approval documents;
Take-off, landing and alternate airports;
Method of communication;
Estimated flight start and end time;
Flight route, altitude, speed and airspace range, method of entry and exit;
Command and control link radio frequency and occupied bandwidth;
Communication, navigation and monitored capabilities;
For the installation of secondary radar transponders or relevant automatic surveillance equipment, the code application shall be indicated;
Emergency handling procedures;
Special flight support requirements;
Other necessary information related to the use of airspace and flight safety as prescribed by the national air traffic management authority.
Article 28 An application for flight activities of unmanned aerial vehicles shall be approved according to the following limits of authority:
If the flight is within the flight control zone, it shall be approved by the air traffic control agency responsible for the flight control zone;
If the flight exceeds the flight control area, it shall be approved by the air traffic control agency in charge of the flight control area;
Flight beyond the flight control zone shall be approved by the air traffic management agency authorized by the national air traffic management leading agency.
Article 29: Where unmanned aerial vehicles are used to perform emergency tasks such as anti-terrorism and stability maintenance, rescue and disaster relief, medical rescue, etc., an application for flight activities shall be submitted to the air traffic management agency 30 minutes before the planned take-off. The air traffic control agency shall make a decision on approval or disapproval 10 minutes before takeoff. For special emergency missions, the user unit may apply for flight activities at any time.
Article 30 If a unit or individual whose flight activities have been approved organizes flight activities of unmanned aerial vehicles, it shall report the estimated time of departure and preparations to the air traffic control agency one hour before the planned take-off, and the air traffic control agency shall confirm it before taking off.
Article 31 It is not necessary to file an application for the following flight activities with the air traffic control agency to organize unmanned aerial vehicles to carry out the following flight activities:
Flight activities of micro, light and small unmanned aerial vehicles in flight-compatible airspace;
regular agricultural unmanned aerial vehicle operational flight activities;
The flight activities of unmanned aerial vehicles under the jurisdiction of the police, customs and emergency management departments in the airspace not exceeding the true height of 120 meters above their stations, ground training grounds and shooting ranges; however, they can only take off after being confirmed by the air traffic management agency one hour before the planned take off;
Civil unmanned aerial vehicles perform patrol inspection, survey, calibration and other flight tasks within the control zone of the civil transport airport; however, they need to be reported to the air traffic management agency for the record on a regular basis, and can only take off after being confirmed by the air traffic management agency one hour before the planned take-off.
If any of the following circumstances exist in the flight activities specified in the preceding paragraph, an application for flight activities shall be submitted in accordance with the provisions of Article 26 of these regulations:
Relay flight of unmanned aerial vehicles through communication base stations or the Internet;
Carriage of dangerous goods or release of articles;
fly over the assembled crowd;
Manipulating an unmanned aerial vehicle on a moving vehicle;
Implement distributed operation or cluster flight.
A special general aviation mission approval document is not required for mini-and light-duty unmanned aircraft flying in a flight-eligible airspace.
Article 32 Whoever controls an unmanned aerial vehicle to carry out flight activities shall abide by the following code of conduct:
Obtain relevant licenses and certificates in accordance with the law, and carry them with them for future reference when carrying out flight activities;
Make preparations for safe flight before carrying out flight activities, check the status of unmanned aerial vehicles, and update information such as electronic fences in a timely manner;
To master the flight dynamics of unmanned aerial vehicles in real time, to maintain smooth communication with air traffic management agencies for the implementation of flight activities that require approval, to obey air traffic management, and to report in time after the flight;
Maintain necessary safety intervals in accordance with the regulations of the national air traffic management authority;
The control of the micro unmanned aerial vehicle shall maintain the flight within the line of sight;
If a small unmanned aerial vehicle is controlled to fly in a suitable airspace, it shall abide by the provisions of the national air traffic management leading body on speed limit, communication, navigation, etc;
If flying at night or under low visibility weather conditions, the lighting system should be turned on and ensure that it is in good working condition;
In the case of over-the-horizon flight, the flight dynamics of other aircraft in the flight airspace shall be grasped and measures to avoid collision shall be taken;
Do not operate an unmanned aerial vehicle under the influence of alcoholic beverages, narcotics or other drugs;
Other codes of conduct for flight activities as prescribed by the national air traffic management authority.
Article 33 The following avoidance rules shall be observed in the control of unmanned aerial vehicles to carry out flight activities:
Avoid manned aircraft, aircraft without power plant and ground and water vehicles;
Single flight avoidance cluster flight;
Micro unmanned aerial vehicles to avoid other unmanned aerial vehicles;
Other avoidance rules prescribed by the national air traffic management leading agency.
Article 34 It is prohibited to use unmanned aerial vehicles to commit the following acts:
Illegally photographing military facilities, military industrial facilities or other classified places;
Disturbing the work order of government organs, organizations, enterprises and institutions or the order of public places;
obstructing the staff of state organs from performing their duties according to law;
Placing publicity materials or other articles containing contents in violation of laws and regulations;
Endanger the safety of public facilities, units or personal property;
Endanger the life and health of others, illegally collect information, or infringe upon other personal rights and interests of others;
illegally obtaining or divulging state secrets, or illegally providing data and information abroad;
Other acts prohibited by laws and regulations.
Article 35 A unit that uses civil unmanned aerial vehicles to engage in surveying and mapping activities may engage in surveying and mapping activities only after obtaining a surveying and mapping qualification certificate in accordance with the law.
Foreign unmanned aerial vehicles or unmanned aerial vehicles controlled by foreign personnel shall not carry out flight activities such as surveying and mapping and radio wave parameter testing within the territory of China.
Article 36 Model aircraft shall fly in the airspace designated by the air traffic management agency for the aviation flight camp, except as otherwise provided by the national air traffic management leading agency.
Chapter IV Supervision and Management and Emergency Response
Article 37 The national air traffic management leadership agency shall organize relevant departments and units to announce to the public information such as approval items, application processing procedures, acceptance units, contact information, and report acceptance methods on the unmanned aircraft integrated comprehensive supervision service platform And update it in time.
Article 38 Any unit or individual who discovers any violation of the provisions of these Regulations may report to the air traffic management agency, the civil aviation management department or the local public security organ. The department or unit that receives the report shall promptly deal with it in accordance with the law; if it does not belong to the responsibility of the department or unit, it shall promptly transfer it to the department or unit that has the right to deal with it.
Article 39 Air traffic management agencies, civil aviation management departments, and public security organs at or above the county level shall formulate emergency plans for the flight safety management of unmanned aerial vehicles, conduct regular drills, and improve emergency response capabilities.
Local people's governments at or above the county level shall incorporate the safety emergency management of unmanned aerial vehicles into the emergency management system for emergencies, and improve the emergency handling mechanism of information exchange and coordination.
Designers and producers of unmanned aircraft systems should ensure that unmanned aircraft have emergency avoidance, landing and other emergency response functions to avoid or reduce damage to life and property in the event of an unmanned aircraft accident.
Units or individuals using unmanned aerial vehicles shall, in accordance with relevant regulations, formulate flight emergency response plans, implement risk prevention measures, and eliminate potential safety hazards in a timely manner.
Article 40 When an abnormal situation occurs in the flight of an unmanned aerial vehicle, the unit or individual organizing the flight activities shall deal with it in a timely manner and obey the instructions of the air traffic management agency; if flight safety problems occur, the unit or individual organizing the flight activities shall also report the relevant situation to the air traffic management agency within 24 hours after the landing of the unmanned aerial vehicle.
Article 41 for unknown circumstances in the air and illegal flight of unmanned aerial vehicles, the public security organs may, when conditions are favorable, carry out early disposal of low-altitude targets and be responsible for on-site disposal of illegal flying unmanned aerial vehicles after landing. Relevant military organs, public security organs, national security organs and other units shall organize the investigation and disposal according to the division of responsibilities, and other relevant departments such as civil aviation administration shall cooperate.
Article 42 If an unmanned aerial vehicle violates flight management regulations, disrupts public order or endangers public safety, the air traffic management agency, civil aviation management department, and public security organs may take necessary technical prevention and control, seize relevant items, and order to stop flying according to law., Seize illegal activities and other emergency measures.
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