Drones

The term “drone” is popularly used to describe any aircraft – and even other types of vehicles – with a high degree of automation and little human intervention. In a broad sense, all “drone” aircraft are unmanned aircraft.

It is an unmanned aircraft for recreational purposes.

It is an unmanned aircraft piloted from a remote pilot station for any purpose other than recreational.

Just the purpose of its use. Unmanned aircraft used exclusively for recreation are model aircraft. Unmanned aircraft used for any other purpose, such as commercial or corporate, are RPA.

It is a component of the Remotely Pilot Aircraft System (RPAS) with all equipment necessary to pilot the RPA.

It is the system composed by the aircraft (RPA), its remote pilot station (RPS), C2 link and any other components specified in its design.

For the purposes of regulations established by ANAC, RPA are classified in three classes:

Class 1 – those with a maximum takeoff weight above 150 Kg

Class 2 – those with a maximum takeoff weight above 25 Kg and up to 150 Kg

Class 3 – those with a maximum takeoff weight up to 25 Kg

The maximum weight  of an aircraft (including fuel, payload and equipment onboard)  allows the performance of a safe takeoff and a safe flight.

No. Unmanned aircraft (RPA or model aircraft) up to 250g do not need to be registered or inscribed neither identified.

All unmanned aircraft with more than 250g need to be registered or inscribed and marked.

Model aircraft or RPA Class 3, which operate within visual line of sight (VLOS) up to 400 feet above ground level, need be inscribed and marked with its inscription number.

All other RPA need to be registered and identified with its nationality and registration marks.

To inscribe a drone, the owner must use ANAC System for Unmanned Aircraft (SISANT). The inscription is mandatory for all unmanned aircraft with a maximum takeoff weight above  250 grams regardless  its use (recreational or not). The system can be accessed at https://sistemas.anac.gov.br/sisant

You need to inform your personal data (name, address, individual taxpayer identification number, e-mail address) or company data (corporate taxpayer identification number), aircraft data (model, manufacturer, serial number and a photo that identifies the aircraft) and you need to choose a combination of nine digits which will compose the identification number. The system automatically identifies the prefixes PP (unmanned aircraft for non-recreational use) and PR (unmanned aircraft for recreational use). After providing all required information, the system generates a certificate of registration which you shall carry with you whenever operating your drone.

INFORMATION FOR FOREIGNERS:
In order to complete the process, you need to enter a valid Brazilian individual taxpayer identification number or a corporate taxpayer identification number. To obtain an individual or corporate taxpayer identification number, access http://www.receita.fazenda.gov.br/Aplicacoes/ATCTA/CpfEstrangeiro/defaulting.htm and follow the procedures.

The identification number created after inscribing your unmanned aircraft must be clearly marked in a readable condition for a near visual inspection and must be located on the outside of the aircraft fuselage or in an internal compartment that can be easily accessed without the use of any tool.

Except in specific cases described in regulations, any RPA Class 3 which is intended to operate above 400 feet or beyond visual line of sight, must hold a Special RPA Certificate of Airworthiness (CAER).

In order to obtain a CAER, the owner needs to verify if the RPA model has been authorized by ANAC before the purchase and to be aware about operational limitations that may have been imposed.

It is the person handling the flight controls of an unmanned aircraft. All remote pilots must be 18 years old or over, except who pilots a model aircraft.

Yes. In this case he is called “observer”, which is the person who,  without the aid of equipment or lenses (other than corrective lenses), assists the remote pilot in the safe conduct of the flight, maintaining direct visual contact with the RPA.

Yes. It’s permitted the substitution of the remote pilot during an operation.

To hold a valid 1st, 2nd, or 5th Class Aeronautical Medical Certificate (CMA) in accordance with paragraph 67.13 (g) of the RBAC nr. 67 or a valid 3rd Class CMA issued by the Brazilian Air Force Command according to ICA 63-15, if operating an RPA over 25 kg of maximum takeoff weight (except model aircraft)..

To hold a license and rating issued or validated by ANAC if engaged in operations above 400 feet above ground level or operating in Class 1 or 2 RPAS operations.

Verify the airworthiness condition of the unmanned aircraft and its flight safety conditions, as well as to be aware of all necessary informations regarded to the planning of the flight. The flight must be discontinued as soon as possible when mechanical, electrical, or structural problems occur that compromise the safety of the operation. ANAC releases orientations on aeronautical metereology to remote pilots in Drones and Meteorology's page.

To act in all fases of the flight during the operation.

Pilot only one RPAS at a time.

No. All operators of model aircraft and RPA with a maximum takeoff weight smaller than 250 grams are considered as properly licensed without the need of having any document issued by ANAC.

The person shall send an e-mail to processos.pel@anac.gov.br, with infornations of his/her aircraft, a description of the operation that pretends to perform and contact information. ANAC will answer to inform about the procedures that must be followed

It is the operation (flight) of an unmanned aircraft that allows the remote pilot to intervene in its management.

In autonomous operations, the remote pilot is not able to intervene in management of the flight.

No. This kind of operation is currently prohibited in Brazil.

Yes. Automated operations can be performed as long as the remote pilot is able to intervene in the management of the flight at any time.

No. You also need to follow the rules established by the Brazilian Air Force Department of Airspace Control – DECEA and the National Telecommunications Agency – ANATEL. In some cases, you also need to comply with rules established by the Ministry of Defense.

No. Landing and takeoff must be performed in areas away from third parties (at least 30m horizontally) and without any operational restrictions/prohibitions. Unmanned aircraft operations in aerodromes need to be authorized by the airport operator.

Yes, if your RPA has a maximum takeoff weight greater than 250 g. In these cases, you are required to have insurance coverage for damage to third parties. This requirement does not apply to unmanned aircraft owned by institutions controlled by the State.

Public security, police, customs control, health surveillance and/or firefighting institutions or any operator acting on behalf of one of them are allowed to operate a RPA above 250g anywhere, under the full responsibility of the institution/operator and in accordance with airspace rules. For each type of operation, there must be an operational risk assessment and all conditions established in  RBAC-E No. 94 must be followed.

When operating unmanned aircraft above 250 g, the following documents need to be available  in the RPS:

a)  Certificate of Inscription,  Certificate of Registration or  Certificate of Experimental Marks, as applicable, all valid;
b) valid airworthiness certificate (for all RPAS Class 1 or 2 or RPAS Class 3 intended for operations BVLOS or above 400 feet);
c) Flight manual;
d) a valid insurance policy or the certificate of insurance with proof of payment (except for RPA with maximum takeoff weight up to 250 g, model aircraft or any unmanned aircraft owned by an institution controlled by the State);
e) Operational risk assessment report;
f) Remote pilot license and rating for operations above 400 feet or RPAS Class 1 or 2;
g) Extract of the Aviation Medical Certificate for operating RPAS Class 1 or 2.

Important! Other documents may be required by DECEA, ANATEL or other competent institutions. Check rules issued by DECEA and ANATEL about this subject.

No. ANAC does not issue authorizations or licenses related to the import of unmanned aircraft (either for recreation or for professional use). Criteria for the import are under the responsibility of Brazilian customs authorities. All approvals and authorizations issued by ANAC for unmanned aircraft are exclusively related to their design, registration and operation.

Foreign unmanned aircraft can only cross national borders to access Brazilian airspace after the issuance of an explicit authorization by ANAC and compliance with rules established by Brazilian Air Force Department of Airspace Control Departamento de Controle do Espaço Aéreo (DECEA).

Operations with drones are included in the continued oversight program implemented by ANAC and all complaints are investigated by the Agency within its areas of competency in accordance with the Brazilian Code of Aeronautics (Law No. 7565/86).

Other institutions oversight these operations within their areas of competency, including potential violations to criminal legislation.

Infractions are subject to the sanctions established in the Brazilian Code of Aeronautics (Law No. 7.565/86).  The description of infractions and their penalties may be consulted in  ANAC Resolution No. 25/2008. ANAC may cautiously suspend operations under suspicion or in cases of evidence of noncompliance with  rules that affect safety level.

Other sanctions are established by legislation related to responsibilities in the civil, administrative and criminal spheres, especially those related to the protection of intimacy, private life, honor and public image.

Criminal Code provides in its article 261 a penalty of imprisonment from two to five years for anyone who exposes to danger any vessel or aircraft or takes any action to prevent or impede navigation by sea, river or air.

Article 132 of the same Code also typifies the exposition of persons to risk as a crime with a penalty of imprisonment from three months to one year *or more (if the crime is considered more serious) in cases where people are subjected to direct threat to their life or health.

Under the Law of Misdemeanor, flying an aircraft without being properly licensed may result in a sentence of imprisonment (fifteen days to three months) and a fine. Under article 35 of the same Law, practicing stunts or performing low passes outside  authorized zones can lead to imprisonment (fifteen days to three months) and a fine.

Other penalties may be applied according to the rules of other public agencies such as ANATEL, DECEA and the Ministry of Defense.