New Regulation on the Use of Unmanned Aerial Vehicles (UAV or Drones)

On July 15, 2015, National Administration of Civil Aviation (ANAC) Resolution No. 527/2015 (the “Resolution”) was published in the Official Gazette, approving the Provisional Regulation of Unmanned Aerial Vehicles (the “Regulation”), which shall enter into force on November 12, 2015.

The Regulation defines UAVs as aerial vehicles destined to fly without an on-board pilot, and covers the general requirements for the operation of UAVs or Drones within the Argentine territory.

UAVs are classified as follows: 

1. Autonomous;
2. Aerial vehicles flown remotely; and
3. Systems of aerial vehicles flown remotely.

And defined as follows:

1. Small, up to 10 kg of empty weight;
2. Medium, between 10 kg and 150 kg of empty weight; and
3. Big, over 150 kg of empty weight.

The operation of exclusively autonomous vehicles is prohibited (UAVs that do not allow the intervention of the pilot during flight).

Regarding aerial vehicles flown remotely and systems of aerial vehicles flown remotely, the Regulation provides for a (i) general regime and (ii) a special regime applicable to small UAVs destined to recreational or sportive use. Below find a brief description of the same:

1. General Regime

1. UAVs’ operators must obtain an authorization issued by the ANAC.
2. The Regulation establishes prohibitions to operate in certain areas (e.g., controlled air space, visual corridors, heli-corridors, prohibited, restricted and/or dangerous zones, etc.) unless a special authorization is obtained.
3. The Regulation sets distances to operate (i.e., referring to height or in relation to aerial corridors).
4. Direct and continuous visibility on the UAV must be kept during its operation.
5. Those carrying out the operation or facilitating the same, are responsible for the UAVs’ operation, including responsibility for damages that may be caused to third parties during operation.
6. UAVs’ owners or operators must hire third party liability insurance to cover damages that may be caused during operation.
7. UAVs’ operators must have an operations manual and adequate risk management systems to operate, pursuant to the minimum requirements set forth by the Regulation.
8. UAVs (i) may not operate in densely populated areas or crowds and/or at night. Exceptionally, the aeronautical authority may grant especial authorizations considering the nature of the operation and the safety measures; (ii) must operate under visual meteorological conditions that allow for safe operation; (iii) acrobatic flights are prohibited (unless a special authorization is obtained); (iv) may not transport persons or load, except (in case of load) that it was necessary to carry out the authorized activity; and (v) must register in a special registry organized and administered by the Aircrafts National Registry, and carry an identification plate fixed to its structure.
9. The operators (i.e., members of the remote crew) must be over 18 years old, obtain a health certificate, and evidence by means of an assessment, their knowledge on the regulations in force and aptitude to operate safely.

2. Special regime applicable to small UAVs destined to recreational or sportive use

1. “Recreational or sportive use” is defined as UAV operation for fun, recreation, pleasure, entertainment, with therapeutic use, and/or without any other motivation.  The following are not considered as recreational or sportive uses of UAVs:
   1. Photography or filming of third parties, their goods or belongings, without their consent;
   2. The observation, interference  or disturbance of third parties lives and activities;
   3. The performance of activities similar to aerial works.
2. Their operation does not require authorization issued by ANAC.
3. Must be operated by individuals over 16 years old. In the case of individuals under 18 and over 16 years old, they must be under an adult’s surveillance; and must obtain a health certificate, and evidence by means of an assessment, their knowledge on the regulations in force and aptitude to operate safely.
4. The operation must be in charge of those carrying out the operation or facilitating the same, including responsibility for damages that may be caused to third parties during operations.
5. UAVs’ operation must be carried out in a range never less than 30 meters (horizontally) and of 10 meters (vertically) with respect to individuals unrelated to the operators.
6. Operators must not use UAVs under the effects of alcohol or drugs.
7. This type of UAVs and/or their operators are exempted from:
   1. Obtaining an authorization issued by ANAC to operate.
   2. Hiring a third party liability insurance to cover damages that may be caused during operation.
   3. Having operations manual and adequate risk management systems to operate.
   4. Having adequate measures to prevent illicit interference.
   5. Registering in a special registry, organized and administered by the Aircraft National Registry.
   6. Carrying an identification plate fixed to its structure.

Finally, the Argentine Personal Data Protection Authority has recently enacted Rule No. 20/2015 approving “Legal conditions for the collection of personal data through the use of unmanned aerial vehicles (UAVs) or drones”. For additional information please refer to “Drone Use Regulation” in Marval News #151 of June 30, 2015.