Learn about the rules for flying drones, model aircraft, and balloons in Brazil

A recently introduced regulation requires any drones weighing more

Published on 04/06/2017 - 09:09 By Larissa Galli* - Brasília

Drone

Before the new rules came into force, ANAC used to examine applications to operate drones on a case-by-case basis and issue special flight permits.AEB

The approval by Brazil's Civil Aviation Authority (ANAC) of rules for civilian drone operation, in early May, has raised questions and concerns about the regulation and use of Brazil's airspace. One of the main innovations of the new rules is a ban on the use of drones without appropriate registration and documentation.

According to the Ministry of Transport, Ports, and Civil Aviation, any objects able to lift off the ground and stay aloft are subject to air space use policies. This means any unmanned aircraft also require permission to fly.

The new rules for drones, according to ANAC, are supplementary to the rules emanating from the Department of Airspace Control (DECEA) and the National Telecommunications Agency (ANATEL).

Before the new rules came into force, ANAC used to examine applications to operate drones on a case-by-case basis and issue special flight permits. Over 400 documents have been issued in total, but there were no data as to the number of drones operating in the country. The new regulation requires drones weighing more than 250 grams to be registered, and should enable ANAC to have an updated registry of unmanned aircraft in operation in the country.

Drones

Aircraft with a maximum lift-off weight of up to 250 grams does not need to be registered with the regulatory agency. AEB

Separate rules

In Brazil, unmanned aircraft fall into three categories—autonomous , remotely piloted (RPA)—which includes drones—and model aircraft. Whereas the former are banned from Brazil's airspace, RPAs and model aircraft are permitted subject to certain requirements.

RPA's can be used for corporate or commercial purposes under the following circumstances: video recording, photography, 3D image mapping, search and rescue operations, emergency management, and air defense, among other, non-leisure applications. Model aircraft, by contrast, are used for recreational or sport purposes only.

People, animals, dangerous objects, and other prohibited items cannot be carried by drones. Model aircraft is exempt from some of the requirements imposed by the new ANAC regulations—flight operations are permitted under the sole responsibility of the pilot, and there are no minimum age requirements to operate them.

Classification of drones

Aircraft with a maximum lift-off weight of up to 250 grams does not need to be registered with the regulatory agency. However, aircraft operated above 400-feet heights (120m above ground level) must be registered, and the remote pilot must be licensed.

The chairman of the Brazilian Model Aeronautics Confederation (COBRA), Rogério Luiz Lorizola, said the requirement to register and number equipment is a concern for model aircraft flyers. “Some pilots have as many as 20 or 30 model aircraft, and having them all registered has created hassles.” Moreover, he says, uncertainties around taxation remain. “The government does not currently charge any taxes on model aircraft registration, but we have concerns this could change.”

Ballooning

Regarding the use of air space for ballooning, ANAC says only certified companies can run civil aviation services in Brazil—that includes balloon rides. “Companies are required to be certified to ensure safety for potential customers,” the agency said. In order to operate balloon flights commercially, a company must be registered as an air taxi service provider, and the pilot needs a commercial permit. For leisure rides, a pilot must hold a valid Sport Pilot Certificate (CPD) or a Leisure Pilot Certificate (CPR).

festival de balões

only certified companies can run civil aviation services in Brazil—that includes balloon rides.  Valter Campanato - Agencia Brasil

Tourist and scenic ballooning are also subject to equipment and pilot certification. Experimental balloons can only be used for sport purposes—including leisure and competitions—and must be registered with ANAC as well.

According to the Aeronautical Accident Prevention and Investigation Center (CENIPA), 24 collisions have been reported between civil aircraft and balloons since January 2012. São Paulo and Rio de Janeiro are the states with the largest number of balloon rides reported by control centers, and this is increasing—in 2012, balloons were sighted 84 times in São Paulo and 27 times in Rio de Janeiro. In 2017, 98 sightings were reported in the two states within the first five months.

One important distinction that needs to be pointed out, according to the chair of the Brazilian Air Sport Commission, Marina Kalousdian, is that unmanned fire-lit balloons, like sky lanterns, for example, are not part of what is considered ballooning in Brazil.

Sky lanterns or similar unmanned fire-lit balloons have been banned in the country, and releasing them is considered an environmental offense, and a threat to air transport safety.

With the ban, a new type of ballooning has become popular among enthusiasts. Made of tissue paper, metal-free, and inflated using a low-pressure torch, these so-called “environment-friendly” balloons pose no environmental or injury hazards, according to Egbert Schlögel, chairman of an association called Somos Arte, Papel e Cola (SAPEC). “Ballooning is an old tradition in Brazilian culture, and since the ban [on unmanned fire-lit balloons], we have been looking for alternatives to keep the tradition alive—environment-friendly balloons were a solution.”

According to Schlögel, these balloons are always launched under agreement with regulators, in appropriate places far from airports, and only at events devoted to the practice.

Founded in Curitiba, SAPEC is one of a total three existing associations in Brazil devoted to ecological ballooning that have been lobbying for the introduction of enabling regulations for the practice. “All people have talked about in a long time are bans and law enforcement, but no one talks about regulating it,” Schlögel complained.

Regulatory controls

Controls on remotely piloted aircraft will be introduced into ANAC's Ongoing Surveillance Program, and any breaches reported will be addressed administratively in accordance with the sanctions outlined in the Brazilian Aeronautical Code. Penalties for non-compliance include fine, suspension, license revocation, detention, interdiction, seizure, and intervention. Other existing provisions of applicable laws include civil, administrative, and criminal accountability, especially as regards privacy and personal image rights.

Under Article 261 of the criminal code, creating hazard for one's own or another's vessel or aircraft, or engaging in any conduct that could potentially prevent, or create difficulties for, sea, river, or air navigation, can carry jail sentences of two to five years. Exposing the life or health of others to immediate or impending danger is also punishable by three months' to one year's imprisonment.

Under Article 33 of the law on misdemeanors, piloting aircraft without appropriate licensing is punishable by 15 days to three months and a fine. Article 35 of the same law also carries penalties for performing acrobatics or operating low-height flights, out of legally permitted zones, as well as operating descent other than in designated areas, subject to short-term detention and fines.

Other sanctions could apply under the regulations of other public agencies, including ANATEL (where radiofrequency issues are involved), and DECEA (concerning use of air space).

ANAC has released a brochure with details on the rules for using drones, which can be found on its website.


*Larissa Galli is an intern under the supervision of Luiz Cláudio Ferreira.

Translated by Mayra Borges


Fonte: Learn about the rules for flying drones, model aircraft, and balloons in Brazil

Edition: Luana Lourenço / José Romildo

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