Please find attached the full text! The State Council has reviewed and approved the "Interim Regulations on the Management of Unmanned Aerial Vehicle Flight (Draft)"

Publishdate:2023-04-12 Views:3497








The meeting emphasized the need to fully implement the overall national security concept, coordinate development and security, take the implementation of the Regulations as an opportunity to regulate unmanned aerial vehicle flights and related activities, actively promote the sustained and healthy development of related industries, and effectively safeguard aviation safety, public safety, and national security.

Adhere to safety as the foundation, focus on the entire chain of production and sales, assembly and modification, registration and identification, personnel qualifications, and operation monitoring, accelerate the improvement of regulatory system and mechanisms, establish a sound regulatory service platform, enhance regulatory service capabilities, and ensure safe and orderly flight activities.

Adhere to innovation driven development, vigorously promote key core technology research and development, accelerate the construction of independent, controllable, safe and reliable industrial and supply chains, promote technological integration and innovation, enrich application scenarios, improve industrial ecology, and better promote the high-quality development of related industries.

According to previously released information, the Civil Aviation Administration of China and the Ministry of Industry and Information Technology of China issued a notice for soliciting opinions on January 26, 2018, regarding the "Interim Regulations on the Management of Unmanned Aerial Vehicle Flights (Draft for Soliciting Opinions)"






Since then, the regulation has been continuously included in the annual legislative plan of the State Council. Now, it has finally been reviewed and approved by the State Council executive meeting in April 2023 and is about to be officially promulgated. In the future, China's drone industry will inevitably enter a new stage of development.

Now, let's review and learn the full text of the draft for soliciting opinions together!





Interim Regulations on the Flight Management of Unmanned Aerial Vehicles (Draft for Comments)

Office of Air Management Committee






Chapter 1 General Provisions

Article 1: In order to regulate the flight of unmanned aerial vehicles and related activities, and ensure the smooth and efficient implementation of flight management work, this regulation is formulated.

Article 2: Units, individuals, and personnel related to unmanned aerial vehicle flight within the territory of the People's Republic of China shall comply with this Regulation.


Article 4: The flight management of unmanned aerial vehicles shall adhere to the principle of safety and reduce the risks of flight activities; Adhere to demand driven and adapt to industry innovation and development; Adhere to classified policies and coordinate resource allocation and utilization; Adhere to joint management and control, and form a strict control pattern.

Article 5: The unmanned aerial vehicle referred to in these Regulations refers to an aircraft without a pilot operating it, including remotely piloted aircraft, autonomous aircraft, model aircraft, etc.

Remote piloted aircraft and autonomous aircraft are collectively referred to as drones.

Article 6: The State Council and the Air Traffic Control Commission of the Central Military Commission shall lead the national unmanned aerial vehicle flight management work, and through the inter ministerial joint work mechanism for unmanned aerial vehicle management, coordinate and solve major problems that arise in management work. Each unit and department is responsible for the management of unmanned aerial vehicles in accordance with relevant regulations.

Article 7: The management rules for model aircraft shall be formulated separately by the sports administrative department of the State Council in conjunction with the Air Force, the competent civil aviation authority of the State Council, the public security department of the State Council and other units with reference to this Regulation.



Chapter 2: Unmanned Aerial Vehicle Systems



Article 8: Drones are divided into national drones and civilian drones. Civil unmanned aerial vehicles refer to unmanned aerial vehicles used for civil aviation activities; National drones refer to drones used outside of civil aviation activities, including those used for military, customs, police, and other flight missions.

According to the level of operational risk, civilian drones are classified as micro, light, small, medium, and large. Among them:

·Micro unmanned aerial vehicle (UAV) refers to a remote-controlled aircraft with an empty weight of less than 0.25 kilograms, designed performance that meets the requirements of flying at a true altitude of no more than 50 meters, maximum flight speed of no more than 40 kilometers per hour, and wireless transmission equipment that meets the technical requirements of low-power short-range wireless transmission equipment.

·Light unmanned aerial vehicle (UAV) refers to a remotely piloted aircraft that meets the requirements of airspace management, with an empty weight not exceeding 4 kilograms, a maximum takeoff weight not exceeding 7 kilograms, a maximum flight speed not exceeding 100 kilometers per hour, and the ability to maintain airspace and be reliably monitored. However, it does not include micro UAVs.

·Small unmanned aerial vehicles refer to unmanned aerial vehicles with an empty weight not exceeding 15 kilograms or a maximum takeoff weight not exceeding 25 kilograms, but do not include micro or light unmanned aerial vehicles.

·Medium sized unmanned aerial vehicle refers to a drone with a maximum takeoff weight exceeding 25 kilograms but not exceeding 150 kilograms, and an empty weight exceeding 15 kilograms.

·Large unmanned aerial vehicles refer to drones with a maximum takeoff weight exceeding 150 kilograms. Article 9: The norms, product manufacturing standards, and product safety of unmanned aerial vehicle production enterprises shall comply with relevant regulations.




Medium and large unmanned aerial vehicles should undergo airworthiness management.



Before launching micro, light, and small unmanned aerial vehicles on the market, product certification should be completed; After being put on the market, if defects are found, their producers and importers shall carry out recalls in accordance with the law.

Article 10: Units and individuals selling civilian drones other than micro drones shall register with the public security organs, verify and record the relevant information of the purchasing units and individuals, and regularly report to the public security organs.

Units and individuals who purchase civilian drones other than micro drones should pass real name authentication and cooperate in verifying relevant information.

Article 11 Civil drone registration management includes real name registration and nationality registration.

Civil drones other than micro drones should be registered with the civil aviation management agency using their real names and undergo nationality registration in accordance with relevant rules.

Registration management related information should be shared by civil aviation management agencies with military civilian aviation management, public security, industry, and information technology departments.

When there is a change in the registration information of a civilian drone, its owner should promptly make the change; When lost, stolen, or scrapped, timely application for cancellation should be made.





Article 12: The use of civilian drones for commercial activities shall obtain a business license.

Article 13: Civil unmanned aerial vehicles shall have a unique identification code; Civil drones other than micro drones should automatically submit identification codes or other identification as required for flight.

Article 14: Civil unmanned aerial vehicle radio transmission equipment with functions such as telemetry, remote control, and information transmission shall comply with relevant national radio management regulations in terms of technical indicators such as operating frequency and power.

Article 15: Civil drone manufacturers shall prominently label the outer packaging of micro and light drones with legal operation instructions and risk prevention warnings, and label the drone category on the body.

Article 16: Units or individuals engaged in small, medium, and large unmanned aerial vehicle (UAV) flying activities and using light UAVs for commercial activities shall be required to purchase third-party liability insurance.

Article 17: The classification, standardization, registration, identification, insurance and other management measures for national drones shall be separately formulated by relevant departments.

Article 18: The import and export of unmanned aerial vehicles and unmanned aerial vehicle system technology shall comply with relevant laws and regulations of the People's Republic of China.





Individuals carrying or delivering civilian drones into the country shall comply with relevant management regulations.

Article 19: In order to maintain national security, public safety, flight safety, safeguard major tasks, and handle emergencies, the military, armed police forces, public security organs, and national security organs may equip and lawfully use unmanned aerial vehicle countermeasures. The use of radio technology blocking countermeasure equipment requires approval from the radio management agency.





Chapter 3: Drone Pilots



Article 20: Light unmanned aerial vehicle pilots shall be at least 14 years old, and those under 14 years old shall have adult on-site supervision; Small drone pilots should be at least 16 years old; Medium and large drone pilots should be at least 18 years old.

Article 21: Civil drone pilot training includes safety operation training and industry training.

Safety operation training includes theoretical training and operational training. Theoretical training includes aviation laws and regulations and related theoretical knowledge, while operational training includes basic operations and emergency operations. The management of safety operation training is the responsibility of the competent civil aviation authority under the State Council.

If the industry regulatory authorities have special requirements for the application of civil unmanned aerial vehicles, industry training can be implemented, which includes training on task characteristics, task requirements, and special operations. Training management is the responsibility of the industry regulatory department.

Article 22: Personnel operating micro unmanned aerial vehicles must master the requirements of operating in compliance with laws and regulations.

Driving a light unmanned aerial vehicle (UAV) in the appropriate airspace requires mastery of operational compliance requirements and risk warnings, as well as familiarity with operating instructions; Flying beyond the suitable airspace requires participation in the theoretical training part of safety operation training and obtaining a theoretical training certificate through examination.

The pilot of independently operated small, medium, and large unmanned aerial vehicles should obtain a safety operation license.

Distributed unmanned aerial vehicle systems or clusters do not require individual operators to obtain a safety operation license. Units or individuals organizing flight activities and management systems should undergo safety audits and obtain a safety operation certificate.

Article 23: The management measures for national unmanned aerial vehicle pilots shall be separately formulated by relevant departments.

Article 24: Pilots shall undergo identity and qualification checks conducted by civil aviation management agencies, flight control departments, and public security organs.

Article 25: Individuals who have been criminally punished for intentional crimes shall not serve as pilots of medium or large unmanned aerial vehicles.





Chapter 4 Flight Airspace



Article 26: The establishment of unmanned aerial vehicle (UAV) flight airspace shall follow the principles of coordinated configuration, flexible use, safety and efficiency, fully consider national security, social benefits and public interests, scientifically distinguish the flight characteristics of different types of UAVs, focus on isolated operation, take into account some mixed flight needs, and clarify the horizontal and vertical ranges and usage time limits of the flight airspace.

Article 27: Without approval, micro drones are prohibited from flying in the following airspace:

(1) Airspace with a true height of over 50 meters;

(2) Air exclusion zone and a 2000 meter radius around it;

(3) Dangerous areas in the air and within a radius of 1000 meters;

(4) Within the boundaries of airports, temporary take-off and landing points, and within a 2000 meter radius above them;

(5) Above the 2000 meter range on our side of the national and border lines;

(6) Above the military restricted zone and its surrounding area within 500 meters, above the military management zone, party and government organs at or above the city level (including), regulatory venues, and its surrounding area within 100 meters;

(7) Radio observatories and facilities within a range of 3000 meters, satellite ground stations (including measurement and control, ranging, reception, navigation stations) that require special electromagnetic environment protection, as well as facilities within a range of 1000 meters, meteorological radar stations, and facilities within a range of 500 meters;

(8) Large enterprises engaged in the production and storage of flammable and explosive dangerous goods, as well as large warehouses, bases, and areas within 100 meters of important flammable materials, power plants, substations, gas stations, large stations, docks, ports, large-scale event sites, and areas within 50 meters of each other, high-speed railways and areas within 100 meters on both sides, ordinary railways and provincial-level or above highways and areas within 50 meters on both sides;

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

The above-mentioned micro unmanned aerial vehicles are prohibited from flying in airspace, and the specific scope shall be determined by the provincial people's government in conjunction with the war zone. Warning signs shall be set up or the corresponding scope shall be made public by the city level people's government. The design of warning signs is the responsibility of the competent civil aviation authority under the State Council.





Article 28: The following airspace shall be designated as light unmanned aerial vehicle control airspace:

(1) Airspace with a true height of over 120 meters;

(2) Air exclusion zone and surrounding 5000 meters;

(3) Dangerous areas in the air and a 2000 meter radius around them;

(4) The military airport clearance protection zone is located above the horizontal projection range of the civil airport obstacle restriction surface;

(5) Temporary takeoff and landing points for manned aircraft and above within a 2000 meter radius;

(6) The national boundary line is above a range of 5000 meters on our side, and the border line is above a range of 2000 meters on our side;

(7) Above the military restricted zone and its surrounding area within 1000 meters, above the military management zone, party and government organs at or above the city level (including), nuclear power plants, regulatory sites, and its surrounding area within 200 meters;

(8) Radio observatories and facilities within a range of 5000 meters, satellite ground stations (including telemetry, ranging, reception, navigation stations) and other facilities that require special electromagnetic environment protection, as well as facilities within a range of 2000 meters, meteorological radar stations and facilities within a range of 1000 meters;

(9) Large enterprises engaged in the production and storage of flammable and explosive dangerous goods, as well as large warehouses, bases, and areas within 150 meters of important flammable materials, power plants, substations, gas stations, medium and large stations, docks, ports, large event sites, and areas within 100 meters of the surrounding area, high-speed railways and areas within 200 meters on both sides, ordinary railways and national highways and areas within 100 meters on both sides;

(10) Military aviation low altitude and ultra-low altitude flight airspace;

(11) The controlled airspace determined by the provincial people's government in conjunction with the war zone.

Without approval, light unmanned aerial vehicles are prohibited from flying in the above-mentioned controlled airspace. Outside the controlled airspace, unless there are special circumstances, it is designated as a light unmanned aerial vehicle (UAV) airspace.

The aerial space suitable for crop protection drones is located within the airspace suitable for light drones, with a true height not exceeding 30 meters, and above the agricultural, forestry, and animal husbandry areas.





Article 29: Before October 31 each year, the provincial people's government shall summarize the needs of all parties and consult with the theater of operation, and submit an application for the establishment of a light unmanned aerial vehicle airspace to the relevant flight control department; Before November 30th, the flight control department responsible for approval shall approve and notify the relevant civil aviation intelligence service agencies; Before December 15th, provincial people's governments will release information on airspace delineation within their administrative jurisdiction, and the competent civil aviation authority of the State Council will collect and uniformly release national airspace delineation information; Starting from January 1st of the following year, the issued airspace will take effect and be valid for one year.

The temporary closure of some light unmanned aerial vehicle (UAV) airspace shall be applied for by the provincial (or above) people's government or military (or above) unit, and the flight control department shall approve it according to its authority and notify the relevant civil aviation intelligence service agencies. The temporary closure period usually does not exceed 72 hours and is announced by the provincial government 24 hours before the closure takes effect. In case of major events and emergency situations, the flight control department may temporarily close some light unmanned aerial vehicle (UAV) airspace as needed, usually announced one hour before the effective time.

Article 30: Drones are usually operated in isolation from manned aircraft, with designated isolation airspace and a certain distance maintained. The designated airspace for light unmanned aerial vehicles that have been released does not affect the establishment of isolated airspace. If one of the following conditions is met, an isolated airspace may not be designated:

(1) National drone flights for special missions;

(2) Flight of medium and large unmanned aerial vehicles that have undergone sufficient safety certification;

(3) Light unmanned aerial vehicles should fly at a safe altitude above the appropriate airspace;

(4) Small unmanned aerial vehicles (UAVs) with reliable monitoring and airspace maintenance capabilities should fly at a safe altitude within and above the airspace suitable for light UAVs.





Article 31: The interval between isolated airspace at or above the flight safety altitude and crossing the flight safety altitude shall be higher than the current airspace interval regulations; The isolation airspace interval below the safe flight altitude can be appropriately lower than the current airspace interval regulations.

Article 32: The application for quarantine airspace shall be submitted by the applicant to the relevant flight control department 7 working days before the intended use of the quarantine airspace; The flight control department responsible for approving the isolated airspace shall make a decision on approval or disapproval three working days before the intended use of the isolated airspace, and notify the applying unit or individual.

The application mainly includes: the user unit or individual, the type and main performance of the drone, the nature of the flight activity, the time, horizontal range, vertical range of the isolated airspace, the takeoff and landing area or coordinates, the method of flying in and out of the isolated airspace, registration and management information, etc.

Article 33: The establishment of unmanned aerial vehicle isolation airspace shall be approved in accordance with the following authority regulations:

(1) If it is designated within the flight control zone, it shall be approved by the department responsible for the flight control of that zone;

(2) If it exceeds the flight control zone and is designated within the flight control zone, it shall be approved by the department responsible for flight control in that control zone;

(3) Designated within the flight control zone, approved by the Air Force.

The department approving the establishment of isolated airspace shall report the designated isolated airspace to the higher-level flight control department for filing and notify relevant units.






Article 34: The period of use of unmanned aerial vehicle isolation airspace shall be determined according to the nature and needs of the flight, and shall generally not exceed 12 months.

If the use period of the isolated airspace needs to be extended due to flight missions, it shall be reported to the flight control department that approved the isolated airspace for approval.

After all flight activities in the isolated airspace are completed, the airspace applicant shall promptly report to the relevant flight control department, and the isolated airspace applied for shall be immediately revoked.

The designated isolated airspace can also be used by other units or individuals with the consent of the flight control department.

Article 35: National drones have the priority right to use airspace when carrying out flight missions.






Chapter 5 Flight Operations

Article 36: The state shall establish a comprehensive supervision platform for unmanned aerial vehicles with monitoring and necessary control functions, and share the dynamic flight information of civilian unmanned aerial vehicles with public security organs. The public security department of the State Council has established a public safety supervision system for civilian drones.

Article 37: Units or individuals engaged in unmanned aerial vehicle (UAV) flying activities shall submit a flight plan application to the local flight control department for approval before implementation. The flight plan application should be submitted to the flight control department at the airport or takeoff and landing site before 3:00 pm on the first day before the flight; The flight control department shall approve before 21:00 on the first day before the flight.

National drones can simplify the approval process for flight plans when conducting combat readiness, counter-terrorism and stability maintenance, emergency rescue and disaster relief missions below safe flight altitude.

Micro drones do not need to apply for a flight plan when flying outside the prohibited airspace. Light and crop protection drones can fly in the corresponding suitable airspace without applying for a flight plan, but they need to report real-time dynamic information to the comprehensive supervision platform.





Article 38: The contents of a drone flight plan usually include:

(1) The unit or individual organizing the flight activity;

(2) Nature of flight mission;

(3) Types and numbers of drones;

(4) Communication and contact methods;

(5) Takeoff, landing, and alternate airports (venues);

(6) Expected start and end times of the flight;

(7) Flight route, altitude, speed and range, methods of entering and exiting airspace;

(8) Command and control frequency;

(9) Navigation mode, autonomous ability;

(10) If installing a secondary radar transponder, please indicate the code application for the secondary radar transponder;

(11) Emergency response procedures;

(12) Other special security needs.

For those with special requirements, valid task approval documents and necessary qualification certificates should be submitted.






Article 39: The drone flight plan shall be approved in accordance with the following authority regulations:

(1) Approved by the department responsible for airport flight control within the airport area;

(2) If it exceeds the airport area and is within the flight control zone, it shall be approved by the department responsible for flight control in that zone;

(3) If it exceeds the flight control zone and is within the flight control zone, it shall be approved by the department responsible for flight control in that area;

(4) Those exceeding the flight control zone shall be approved by the Air Force.

Article 40: Those who use drones to carry out counter-terrorism, stability maintenance, disaster relief, medical rescue, or other emergency tasks may apply for a temporary flight plan. The application for a temporary flight plan should be submitted no later than 30 minutes before takeoff, and the flight control department should approve it 15 minutes before takeoff.

Article 41: For unmanned aerial vehicle (UAV) flight plans that have been applied for and approved, the unit or individual organizing the flight activity shall report the planned departure time and brief preparation to the flight control department one hour before the UAV takes off. The UAV can only fly after obtaining the release permit; Real time monitoring of drone flight dynamics during flight, maintaining smooth communication with flight control departments; After the flight is completed, report the implementation status of the flight in a timely manner.

Article 42: When flying in isolated airspace, the flight interval between drones shall not be lower than the current flight interval regulations.






Article 43: When flying outside the isolated airspace, a certain distance should be maintained between drones and between drones and manned aircraft.

National drones or medium and large drones with sufficient safety certification that perform special tasks may be mixed with manned aircraft for flight, and the flight interval between drones and between drones and manned aircraft shall not be lower than the current flight interval regulations.

Light unmanned aerial vehicles (UAVs) should fly within the safe altitude above the suitable airspace, while small UAVs should fly within the safe altitude above the suitable airspace and meet the following conditions simultaneously. The flight interval between UAVs and between UAVs and manned aircraft should not exceed the current flight interval regulations:

(1) Capable of automatically submitting information to the comprehensive supervision platform as required, including location, altitude, speed, and identity identification;

(2) Maintain continuous and stable two-way communication between the remote control station (station), unmanned aerial vehicles, and flight control departments;

(3) Maintain the accuracy of the route within 50 meters up and down, and 1000 meters left and right;

(4) It can automatically return or alternate according to the pre-set flight route and altitude.

Light unmanned aerial vehicles (UAVs) shall not exceed the safe flight altitude when flying in the airspace suitable for flight, and small UAVs shall not exceed the safe flight altitude when flying in the airspace suitable for UAVs and above. If the above conditions cannot be met simultaneously, the flight interval between UAVs and between UAVs and manned aircraft shall not be lower than the current flight interval regulations.

Article 44: Drones shall avoid flying manned aircraft during flight. Light and crop protection drones usually fly in the corresponding suitable airspace and actively avoid manned aircraft, national drones, and small, medium, and large drones; Micro unmanned aerial vehicles should maintain direct visual contact and actively avoid other aircraft during flight.

Except for national drones carrying out special tasks, drones flying at night should turn on warning lights and ensure that they are in good condition.

Without the approval of the flight control department, it is prohibited for light unmanned aerial vehicles to engage in cargo transportation in suitable airspace, and it is prohibited to drive unmanned aerial vehicles other than micro unmanned aerial vehicles on moving vehicles, ships, and aircraft.





Article 45: Within the territory of China, it is prohibited for foreign drones or domestic drones piloted solely by foreign personnel to engage in surveying and mapping, as well as photography and other flight activities in sensitive areas. Upon discovering its illegal flight, the flight control department ordered an immediate halt to the flight and reported it to the foreign affairs, public security, and other departments for timely disposal.

Article 46: Units and individuals related to drone flight are responsible for ensuring flight safety, and shall comply with relevant rules and regulations, actively take accident prevention measures, and ensure flight safety.

Micro unmanned aerial vehicles fly, light and crop protection unmanned aerial vehicles fly in corresponding suitable airspace, two or more units or individuals fly in the same isolated airspace, and unmanned aerial vehicles and manned aircraft fly together. The safety responsibility is borne by the unit or individual organizing the flight activity; For other flights, safety responsibilities shall be carried out in accordance with relevant regulations.

Article 47: In case of special circumstances during the flight of a drone, the unit or individual organizing the flight activity shall be the responsible party for flight safety and have the right to make timely and correct arrangements, and comply with the instructions of the military and civil aviation air traffic control department. Units or individuals organizing civil drone flights shall submit a written report to the civil aviation management agency within 24 hours after landing.

For unknown situations and illegal flights in the air, the military should quickly organize aerial verification and disposal, public security organs should quickly organize ground verification and disposal, and other relevant departments should cooperate.

Article 48: The approval of flight airspace and plans shall be subject to social and user supervision. All levels of airspace management departments should proactively provide the name of the unit, application process, contact method, and supervision method. The competent civil aviation authority of the State Council and provincial people's governments are responsible for publishing and updating them in a timely manner in case of changes.


Chapter 6 Legal Liability

Article 49: For those who fail to design, produce, sell, or use civil drones in accordance with airworthiness management regulations, the civil aviation management agency shall order them to cease related activities and impose a fine of not less than 100000 yuan but not more than 1 million yuan. If there are illegal gains, they shall be confiscated and a fine of not less than 1 time but not more than 5 times the value of the illegally produced products shall be imposed; If the circumstances are serious, the relevant department shall revoke the business license.

For those who leave the factory or sell civilian drones without product certification, the product quality supervision department shall order them to make corrections and impose a fine of not less than 50000 yuan but not more than 200000 yuan. If there are any illegal gains, they shall be confiscated.

Any unauthorized modification of unmanned aerial vehicle (UAV) flight control systems, damage to airspace maintenance and surveillance capabilities, or alteration of speed, altitude, radio transmission power, and other performance shall be subject to warnings, temporary suspension or revocation of business licenses, flight certificates or licenses, and a fine of not less than 20000 yuan but not more than 200000 yuan by the industrial and information technology departments, civil aviation management agencies, product quality supervision departments, etc.

Article 50: If units or individuals selling civilian drones fail to register in accordance with regulations, the public security organs shall order them to make corrections and temporarily detain the drones involved. If units or individuals selling civilian drones fail to verify and record the information of the purchasing units or individuals in accordance with regulations, the public security organs shall impose a fine of not less than 1000 yuan but not more than 10000 yuan on units or individuals selling light and small drones, and a fine of not less than 5000 yuan but not more than 50000 yuan on units or individuals selling medium and large drones.

Article 51: If a civilian unmanned aerial vehicle engages in flight activities without real name registration in accordance with regulations, the military civilian aviation management department shall order it to stop flying. The civil aviation management agency shall impose a fine of not less than 2000 yuan but not more than 20000 yuan on units or individuals engaged in light and small unmanned aerial vehicle flight activities, and a fine of not less than 5000 yuan but not more than 100000 yuan on units or individuals engaged in medium and large unmanned aerial vehicle flight activities.

Those who engage in flight activities without registering the nationality of civilian drones according to regulations shall be ordered to stop flying by the military civilian aviation management department. The civil aviation regulatory authority shall impose a fine of not less than 10000 yuan but not more than 100000 yuan on units or individuals engaged in light and small unmanned aerial vehicle (UAV) flight activities, and a fine of not less than 100000 yuan but not more than 500000 yuan on units or individuals engaged in medium and large UAV flight activities; If there are illegal gains, the illegal gains shall be confiscated and a fine of not less than 1 time and not more than 5 times the illegal gains shall be imposed.

Article 52: For those who violate regulations by carrying or delivering civilian drones into the country, the customs shall temporarily detain the drones involved and impose a fine of not less than 5000 yuan but not more than 100000 yuan on the units or individuals carrying or delivering light or small drones, and a fine of not less than 50000 yuan but not more than 500000 yuan on the units or individuals carrying or delivering medium or large drones.





Article 53: Those under the age of 14 who fly light unmanned aerial vehicles without adult on-site supervision shall be fined not less than 200 yuan but not more than 500 yuan by the civil aviation management agency.

Those who drive civil drones without obtaining a civil drone pilot qualification certificate or license in accordance with regulations shall be fined not less than 5000 yuan but not more than 100000 yuan by the civil aviation management agency. If a drone is driven beyond the scope specified in the certificate or license, the civil aviation management agency shall temporarily withhold the certificate or license for a period of not less than 6 months but not more than 1 year, and impose a fine of not less than 30000 yuan but not more than 200000 yuan.

Article 54: Those who violate the provisions of these Regulations by flying into the restricted airspace without approval shall be dealt with by relevant departments in accordance with relevant national regulations. If any of the following situations occur in violation of the provisions of this Regulation, the relevant departments shall order correction and give a warning according to their respective responsibilities; For serious cases, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed, and a penalty of being ordered to suspend flights for one to three months and temporarily withholding the business license, driver's qualification certificate or license may be imposed; If the circumstances are serious, a fine of not less than 50000 yuan but not more than 200000 yuan shall be imposed, and a penalty of ordering the suspension of flights for 2 months to 1 year, as well as temporarily suspending or revoking the business license, driver's qualification certificate or license may be imposed; For those who cause major accidents or serious consequences, their business license, pilot qualification certificate or license shall be revoked, and their aviation related license applications shall not be accepted within 2 years.

(1) Failure to avoid flying an aircraft piloted by someone in accordance with regulations;

(2) Flying in violation of flight restrictions;

(3) Flying without approval;

(4) Not flying according to the approved flight plan;

(5) Failure to report or omission of flight dynamics in a timely manner as required;

(6) Flying into dangerous areas in the air without approval or other airspace that is not allowed to fly except for restricted areas in the air;

(7) Failure to take timely measures or improper handling of special circumstances that affect flight safety;

(8) Not obeying control and command instructions.

Article 55: The punishment measures for illegal and irregular behavior of national unmanned aerial vehicles during flight missions shall be formulated separately by relevant departments.

Article 56: Anyone who violates the provisions of these Regulations and constitutes a violation of public security management or other administrative violations shall be subject to public security management penalties or other administrative penalties in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with the law.

Units and individuals who violate the provisions of this regulation shall be included in the social credit management system, subject to joint punishment for dishonesty, and at the same time, information related to enterprise administrative licensing, administrative penalties, etc. shall be recorded under the name of the enterprise and publicized in the national enterprise credit information disclosure system.






Chapter 7 Supplementary Provisions

Article 57: For civil unmanned aerial vehicle flight management and related activities not provided for in this Regulation, the Civil Aviation Law of the People's Republic of China, the Basic Rules of Flight of the People's Republic of China, the General Aviation Flight Control Regulations, the Regulations of the People's Republic of China on Radio and Television Management, and relevant laws and regulations shall apply.

If this regulation does not provide for the management of national drone flights and related activities, the Basic Rules of Flight of the People's Republic of China, the Radio Management Regulations of the People's Republic of China, and relevant laws and regulations shall apply.

Article 58: The meanings of the following terms in these Regulations:

Model aircraft refers to unmanned aerial vehicles that are heavier than air, have size and weight limitations, do not carry passengers, do not have control link feedback remote control station (station) function or autonomous flight function, and are only limited to flying within the visual line of sight of the operator or using feedback images for first angle remote control flight, including free flight, line control, and radio remote control model aircraft.

Remote piloted aircraft refers to unmanned aerial vehicles piloted through remote control stations (stations), but does not include model aircraft.

Autonomous aircraft refers to unmanned aerial vehicles in which the pilot is unable to intervene and control throughout or during the flight process.

Remote control station (station) refers to the overall system composed of various control equipment (means) and related systems for remotely piloting aircraft.

Empty weight refers to the total weight of solid devices such as the drone body, battery, fuel container, etc., excluding the weight of filled fuel and mission payload.

The maximum takeoff weight refers to the maximum weight allowed for a drone to take off normally due to design or operational limitations.

Airspace maintenance capability refers to the ability to control altitude and horizontal range.

Unmanned aerial vehicle system refers to a system composed of unmanned aerial vehicles and their related remote control stations, mission payloads, and control links.

Plant protection unmanned aerial vehicle refers to a remote-controlled aircraft designed to meet the requirements of flying at a true altitude of no more than 30 meters, maximum flight speed of no more than 50 kilometers per hour, maximum flight radius of no more than 2000 meters, and maximum takeoff weight of no more than 150 kilograms. It has reliable monitoring and airspace maintenance capabilities and is specifically used for agricultural, forestry, and animal husbandry plant protection operations.

Distributed operation refers to the mode of decomposing the operation of unmanned aerial vehicle systems into multiple sub businesses, deploying them at multiple sites or terminals for collaborative operation, without requiring individuals to have complete operational capabilities for the unmanned aerial vehicle system.

Mixed flight refers to the flight of unmanned aerial vehicles and manned aircraft in the same airspace.

Isolation airspace refers to the airspace specifically designated for drone flight.

Flight safety altitude refers to the minimum flight altitude at which an aircraft can avoid colliding with ground obstacles.

Article 59: This regulation shall come into effect on X month X day, 2018.






Explanation of the problem

The relevant issues of the "Interim Regulations on the Management of Unmanned Aerial Vehicle Flight (Draft for Comments)" (hereinafter referred to as the "Draft for Comments") are explained as follows:

1、 Regarding drafting principles.

The specific principles for drafting work are as follows:

One is to prioritize safety. Make ensuring flight safety and the safety of important targets a key consideration in legislative work, scientifically coordinate the relationship between management and use, and focus on key aspects such as product quality, registration and identification, personnel qualifications, and operational intervals to reduce safety risks.

Secondly, we must adhere to innovative development. Research and grasp the characteristics and laws of drone operation, draw on international beneficial practices, and focus on achieving breakthroughs in management measures such as classification, airspace delineation, and plan application, to promote the healthy and orderly development of industries and related fields.

Thirdly, we must adhere to a problem oriented approach. Focusing on standardizing the operation and related activities of micro, light, and small civilian drones, identifying existing contradictions and problems, analyzing the root causes, proposing measures and methods, and drafting the content of the terms.

The fourth is to adhere to the combination of management and decentralization. Clearly define different management methods for drones with different security risks, release harmless micro drones, moderately release less harmful light drones, simplify the management process for small drones, and effectively manage medium and large drones.

The fifth is to adhere to joint management and control. Relying on the inter ministerial joint working mechanism for unmanned aerial vehicle management, defining functional tasks, clarifying collaborative relationships, and striving to form a normal control pattern of military civilian linkage, unified and efficient, responsibility implementation, and close coordination.

2、 Regarding the management of objects.

Unmanned aerial vehicles usually include remote-controlled aircraft, autonomous aircraft, model aircraft, etc. Remote piloted aircraft and autonomous aircraft with a maximum takeoff weight of no more than 25 kilograms are currently a major challenge in management. Although they share similarities with model aircraft in terms of flight altitude, speed, and body weight, there are significant differences in construction, purpose, and control methods. Model aircraft usually do not require special requirements in production, manufacturing, sales and circulation, and are generally entrusted to sports departments for management in various countries. China has also adopted similar practices for a long time. Therefore, the draft for soliciting opinions mainly regulates the management of remotely piloted aircraft and autonomous aircraft, and authorizes the sports administrative department of the State Council to formulate the management rules for model aircraft in conjunction with relevant departments.

3、 Regarding the classification of unmanned aerial vehicles.

Countries around the world generally implement graded and classified management of drones. The draft for soliciting opinions considers that the security threats of drones mainly come from high-level conflicts, kinetic energy levels, and activity ranges. Based on the absorption of current classification and management methods in various countries and closely combined with China's national conditions, drones are divided into two levels, three categories, and five types:

Two levels, according to the nature of the mission, drones are divided into national and civilian levels;

Three categories, according to flight management methods, civilian drones are divided into open category, conditional open category, and controlled category; Five types, based on flight safety risks and weight as the main indicator, combined with performance indicators such as altitude, speed, radio transmission power, and airspace maintenance capability, classify civilian drones into micro, light, small, medium, and large.

4、 Regarding the classification values of micro and light unmanned aerial vehicles.

Drawing on the practice of most countries to relax the management of unmanned aerial vehicles weighing less than 0.25 kilograms, the draft for soliciting opinions sets the upper limit of the empty weight of open category unmanned aerial vehicles at 0.25 kilograms and meets certain design performance requirements; Drawing on the results of collision tests both domestically and internationally, and taking into account the fact that the majority of unmanned aerial vehicles used for consumer entertainment in China have an empty weight of no more than 4 kilograms, the "Draft for Soliciting Opinions" will determine the empty weight of conditionally open unmanned aerial vehicles to be no more than 4 kilograms (with a maximum takeoff weight of no more than 7 kilograms) and meet certain operational performance conditions. The above classification values for drones not only fully consider the current demand and safety risks of drone flight for consumer entertainment, but also promote the healthy and orderly development of the industry.

5、 Regarding the maximum takeoff weight and empty weight.

The concept of "maximum takeoff weight" is often used for manned aircraft and is an important indicator for airworthiness management monitoring and certification. Many countries have directly adopted this concept in drone legislation. However, due to the lack of airworthiness requirements for small and light drones, it may not be possible to provide the maximum takeoff weight value that has been officially tested. For ease of management, the draft for soliciting opinions considers "maximum takeoff weight" and "empty weight" as two important classification criteria for light, small, and medium unmanned aerial vehicles. Among them, light and medium unmanned aerial vehicles should meet two conditions simultaneously, while small unmanned aerial vehicles only need to meet one of the conditions.

6、 Regarding flight airspace.

The draft for soliciting opinions fully considers the impact of various types of drone flight activities on safety, taking into account the special usage needs of national drones and civilian drones such as micro, light, and crop protection drones. With flight safety altitude as an important standard, it clarifies the principles for defining the prohibited airspace for micro drones and the suitable airspace for light and crop protection drones, specifies the application conditions for drone isolation airspace, and meets the relevant requirements for mixed flight, basically meeting the needs of various drone flight airspace.

7、 Regarding the process of flight plan application and approval.

The draft for soliciting opinions breaks through the current regulation that "all flights must submit an application in advance and be approved before implementation", and appropriately simplifies the application and approval process for flight plans in some operational scenarios. Micro unmanned aerial vehicles do not need to apply for a flight plan when flying outside the prohibited airspace; Light and crop protection drones can fly within the corresponding airspace and only need to report real-time dynamic information; Light unmanned aerial vehicles (UAVs) should not exceed the safe flight altitude above the suitable airspace. Small UAVs with certain conditions only need to apply for a flight plan when flying within the suitable airspace for UAVs and above the safe flight altitude; National drones can simplify the approval process for flight plans when conducting combat readiness, counter-terrorism and stability maintenance, emergency rescue and disaster relief missions below safe flight altitude. At the same time, the time limit for emergency mission flight application was adjusted from the current "one hour ago" to "30 minutes ago" to provide convenience for users.

8、 Regarding special policies for crop protection drones.

The draft for soliciting opinions provides special policies for eligible crop protection drones, including the allocation of licensed airspace and exemption from plan applications. The main considerations are: firstly, the crop protection unmanned aerial vehicle is limited to ultra-low flight altitude, limited flight distance, slow flight speed, and reliable monitoring and airspace maintenance capabilities when it leaves the factory; The second is the operation and flight of crop protection drones, with the vast majority flying at altitudes not exceeding 30 meters above ground level, and the operation areas are located in sparsely populated areas such as farmland and pastures; Thirdly, unmanned aerial vehicle (UAV) operations for crop protection can improve the efficiency of agriculture, forestry, and animal husbandry production, and are increasingly becoming an effective means of improving rural production methods.

9、 Regarding the true upper limit of the airspace suitable for light unmanned aerial vehicles.

Light unmanned aerial vehicles are mainly used for consumer entertainment, and the true altitude limit of the suitable flight airspace is set at 120 meters. The main considerations are: firstly, the starting flight altitude layer for air routes and fixed routes is 600 meters; Secondly, manned aircraft must not fly at an altitude lower than 150 meters, except for takeoff and landing, special tasks (operations), and approved special flight routes; Thirdly, statistical data shows that over 90% of domestic light unmanned aerial vehicles fly at altitudes below 120 meters; Fourthly, most countries limit drone like flight activities to a true altitude of no more than 120 meters.

END article content sourced from CCTV News and China Government website

Transferred from: Navigation Circle

If there is any infringement, please contact us for deletion cehui8@qq.com

(Source: Full text attached! The State Council has reviewed and approved the "Interim Regulations on the Management of Unmanned Aerial Vehicle Flight (Draft)")


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