Important｜The State Council considered and adopted the Interim Regulations on the Administration of Unmanned Aerial Vehicle Flights (Draft)

Premier Li Qiang chaired an executive meeting of the State Council on April 7 to consider the adoption of the "Interim Regulations on the Management of Unmanned Aerial Vehicle Flights (Draft)".

The meeting stressed the need to fully implement the overall national security concept, integrated development and security, to implement the regulations as an opportunity to regulate unmanned aerial vehicle flights and related activities, and actively promote the sustainable and healthy development of related industries, and vigorously safeguard aviation safety, public safety and national security.

According to public information, the Civil Aviation Administration of China (CAAC) and the State Ministry of Industry and Information Technology (MIIT) had issued a notice for comments on January 26, 2018, to publicly solicit comments on the Interim Regulations on the Management of Unmanned Aerial Vehicle Flights (Draft for Comments), which had since been continuously included in the State Council's annual legislative plan, and now in April 2023 was finally considered and adopted by the State Council executive meeting and will be officially promulgated soon, and the future of China's drone industry is bound to enter a new stage of development.

Here, let me lead you to briefly review and learn some of the key points of the Interim Regulations on the Administration of Unmanned Aerial Vehicle Flights (Draft for Public Comments) (hereinafter referred to as Interim Regulations).

As can be seen from the catalog, the "Interim Regulations" on the UAS, pilot, flight airspace, flight operations, legal liability are clearly defined and divided. Among them, the key elements worthy of attention and have the following aspects:

1. What kind of drone do I have?

It is reported that the management of the regulations cover all types of drones, ranging from 0.25kg below to 150kg above, including civilian, police, military and other different categories, and according to the size of the operational risk, the civilian drones are divided into micro, light, small, medium and large five categories.

Among them, light drones are remotely piloted aerial vehicles that simultaneously meet the airplane weight of no more than 4 kg, the maximum takeoff weight of no more than 7 kg, the maximum flight speed of no more than 100 km / h, and have the ability to maintain airspace in line with airspace management requirements and the ability to be reliably monitored. At present, about 90% of the products in China's UAV market belong to this category.

Refining the classification also makes the inclusion of drones in the regulation feasible indeed. In addition, the regulations also clarify a series of regulatory matters such as the production, sale, product certification, real name registration and commercial activities of drones to ensure the healthy development of the drone product chain.

2. Where and how can I fly my drone?

China's airspace are controlled class airspace. Therefore, the regulations fully respect the existing characteristics of airspace management, UAV flight airspace delineation follows the principle of integrated configuration, flexible use, safety and efficiency, taking full account of national security, social benefits and public interest, scientific distinction between different types of UAV flight characteristics, to isolate the operation of the main, taking into account part of the mixed flight requirements, clear flight airspace, horizontal and vertical range and use of time limits.

The regulations specify that without approval, micro-drones are prohibited from flying in the following airspace:

1). Airspace above 50 meters height;

2). The air exclusion zone and a 2,000 meter perimeter;

3). The airborne danger zone and the surrounding 1000 meters;

4). Airports, temporary takeoff and landing sites within the perimeter and above the surrounding 2000 meters;

5). The national boundary line, the border line to the top of the 2,000-meter range on our side;

6). Military restricted areas and the surrounding 500 meters above, military management areas, municipalities (including) above the party and government organs, places of supervision and the surrounding 100 meters above;

7). Radio astronomical observatory and the surrounding 3000 m range above, satellite ground stations (including measurement and control, ranging, receiving, navigation stations) and other facilities requiring special protection of the electromagnetic environment and the surrounding 1000 m range above, meteorological radar stations and the surrounding 500 m range above;

8). Production, storage of flammable and explosive hazardous materials of large enterprises and reserves of combustible and important materials of large warehouses, bases and the surrounding 100 meters above, power plants, substations, gas stations and large stations, docks, ports, large event sites and the surrounding 50 meters above, high-speed railroads and the top of the 100-meter range on both sides, ordinary railroads and roads above the provincial level and the top of the 50-meter range on both sides;

9). Military aviation ultra-low altitude flight airspace.

The regulations, on the one hand, guarantee basic safety by clarifying the controlled airspace, as well as the application and approval system for controlled airspace flight requirements; on the other hand, they release airspace suitable for flight, providing the public and enterprises with the right to fly legally and compliantly, and providing efficiency and convenience for social production and life. It can be said that the regulations have made preparations for the gradual entry into an automated and intelligent technological society, and are an important exploration of management methods.

In addition, the regulations integrate the characteristics of drone products, flight volume, flight purpose, user habits and other factors, proposed micro-drone flight outside the prohibited flight area, no need to submit a flight plan; by the state to establish a comprehensive monitoring platform with surveillance and necessary control functions of drones, light drones, such as flying in the airspace and through the regulatory platform to report flight dynamics, also do not need to submit a flight plan. The technology is used to reduce the burden on the user and the user's ability to use the platform. Through technical means, reduce the burden on users and improve management efficiency.

3. How to regulate safety

With so many drones flying in the sky, there must be the necessary regulation.

From the perspective of the drone operator, the regulations from the operational risk, operational difficulty, the purpose of use, the cost of use and other issues, light drone pilot should be 14 years of age, under 14 years of age should have adult on-site supervision; small drone pilot should be 16 years of age; medium and large drone pilot should be 18 years of age. Civilian drone pilot training includes safety operation training and industry training.

From the perspective of the national regulatory level, the regulations clearly by the state to coordinate the establishment of a comprehensive monitoring platform with surveillance and necessary control functions of drones, civilian drone flight dynamics information shared with the public security officials.

Experts in the industry say that the regulations, on the one hand, make it clear that users have the necessary theoretical knowledge and practical skills to improve the safe operation rate of drones; on the other hand, it greatly reduces the burden of training costs for ordinary entertainment consumers. The national coordination of the establishment of a comprehensive supervision platform for drones also represents a stricter regulation of drone flight activities, and the strict regulation will also signify that the drone industry will be more standardized.

Of course, in addition to the above system regulation, digital eagle drone countermeasure equipment will continue to guard the people's low altitude airspace security.