No. 761
The Interim Regulations on the Administration of Unmanned Aerial Vehicle Flights are hereby promulgated and shall come into force on January 1, 2024.
Chairman of the Central Military Commission Premier of the State Council
Xi Jinping Li Qiang
May 31, 2023
Interim Regulations on the Administration of Unmanned Aircraft Flights
Chapter I. General provisions
Article 1 These regulations are formulated to regulate unmanned aerial vehicle flights and related activities, promote the healthy and orderly development of the unmanned aerial vehicle industry, and safeguard aviation safety, public safety and national security.
article 2 Those engaged in the flight of unmanned aerial vehicles and related activities within the territory of the People's Republic of China shall comply with these Regulations.
An unmanned aerial vehicle (UAV), as referred to in these regulations, is an aircraft without an on-board pilot and with its own power system.
Unmanned aerial vehicles (UAVs) are categorized as micro, light, small, medium and large according to their performance indicators.
Article 3 The management of unmanned aerial vehicle flights should adhere to and strengthen the leadership of the Party, adhere to the overall concept of national security, and adhere to the principles of safety first, service development, classification management, and coordinated supervision.
Article 4 The National Leading Agency for Air Traffic Management (NLAATM) provides unified leadership for the management of unmanned aerial vehicle (UAV) flights across the country, and organizes and coordinates the resolution of major issues in the management of UAVs.
The Civil Aviation, Public Security, Industry and Information Technology, and Market Supervision and Administration Departments of the State Council are responsible for the management of unmanned aerial vehicles nationwide in accordance with their division of responsibilities.
Local people's governments at or above the county level and their relevant departments are responsible for the management of unmanned aerial vehicles in their administrative areas in accordance with the division of responsibilities.
Air traffic management agencies at all levels are responsible for the management of unmanned aerial vehicle flights within their areas of responsibility in accordance with the division of responsibilities.
Article 5 The State encourages unmanned aerial vehicle scientific research and innovation and the popularization and application of its achievements, and promotes the integration and innovation of unmanned aerial vehicles with new technologies such as big data and artificial intelligence. The people's governments at or above the county level and their relevant departments shall provide support for unmanned aerial vehicles' scientific research and innovation and the popularization and application of their achievements.
The State is actively innovating the mechanism for the supply and use of airspace on the premise of ensuring safety, and improving the supporting infrastructure and service system for unmanned aerial vehicle flights.
Article 6 Unmanned aerial vehicle-related industry associations shall strengthen industry self-discipline through the formulation and implementation of group standards and other means, publicize unmanned aerial vehicle management laws and regulations and related knowledge, and enhance the awareness of relevant units and personnel to carry out unmanned aerial vehicle flights and related activities in accordance with the law.
Chapter II. Civilian unmanned aerial vehicles and controller management
Article 7 The administrative department in charge of standardization under the State Council and other relevant departments under the State Council shall, in accordance with the division of responsibilities, organize the formulation of national and industrial standards for the design, production and use of civil unmanned aerial vehicle systems.
Article 8 Those engaged in the design, production, import, flight and maintenance activities of medium-sized and large civil unmanned aerial vehicle systems shall, in accordance with the law, apply to the competent department of civil aviation under the State Council for an airworthiness permit.
Engaging in the design, production, import, flight, maintenance as well as assembly and assembling activities of micro, light and small civil unmanned aerial vehicle systems does not require an airworthiness license, but the relevant products shall comply with the relevant provisions of product quality laws and regulations as well as the relevant mandatory national standards.
Those engaged in the design, production and use of civil unmanned aerial vehicle systems shall comply with national regulations on real-name registration activation, flight area restrictions, emergency response, network information security, etc., and take effective measures to reduce air pollutant and noise emissions.
Article 9 The producer of a civil unmanned aerial vehicle system shall set a unique product identification code for the unmanned aerial vehicle it produces in accordance with the provisions of the competent department of industry and information technology under the State Council.
Producers of micro-, light- and small-sized civil unmanned aerial vehicle systems shall mark the product type and information such as the unique product identification code on the body of the unmanned aerial vehicle, and mark the requirements for law-abiding operation and risk warnings in a conspicuous position on the outer packaging of the product.
Article 10 Owners of civil unmanned aerial vehicles shall register their real names in accordance with the law, and the specific measures shall be formulated by the competent department of civil aviation under the State Council in conjunction with the relevant departments.
Civilian unmanned aerial vehicles involved in flights outside the country shall be registered for nationality in accordance with the law.
Article 11 Units using civil unmanned aerial vehicles (UAVs) other than micro ones to engage in flight activities shall meet the following conditions and apply to the competent civil aviation department under the State Council or regional civil aviation authorities (hereinafter collectively referred to as civil aviation authorities) to obtain a certificate of qualification for the operation of civil UAVs (hereinafter referred to as a certificate of qualification for the operation of UAVs):
(a) There are management bodies, managers and manipulators in compliance with the provisions of this Regulation necessary for the implementation of safe operation;
(ii) Have unmanned aerial vehicles and related facilities and equipment that meet the requirements for safe operation;
(c) The management system and operating procedures necessary for the implementation of safe operation are in place, and the ability to implement safe operation in accordance with the system and procedures is ensured on a continuous basis;
(iv) Units engaged in business activities shall also be profit-making legal persons.
Civil Aviation Administration shall, upon receipt of the application, conduct an operational safety assessment, and make a decision on whether to grant or deny permission based on the results of the assessment in accordance with the law. If permission is granted, an operating certificate shall be issued; if permission is denied, the applicant shall be notified in writing with reasons.
The use of agricultural unmanned aerial vehicles (UAVs) with a maximum take-off weight of not more than 150 kilograms to engage in agricultural, forestry, animal husbandry and fishery operational flight activities (hereinafter referred to as conventional agricultural UAV operational flight activities) within the airspace suitable for flight over agricultural, forestry, animal husbandry and fishery areas is not required to obtain a certificate of operational conformity.
It is not necessary to obtain a general aviation operation license and an operation qualification certificate to engage in operational general aviation flight activities after obtaining an operation qualification certificate, as well as to engage in routine agricultural unmanned aerial vehicle operation flight activities.
Article 12 The use of civil unmanned aerial vehicles for operational flight activities, as well as the use of small, medium and large civil unmanned aerial vehicles for non-operational flight activities, shall be insured against liability in accordance with the law.
Article 13 If a micro, light, or small civil unmanned aerial vehicle system is found to be defective after it is placed on the market, its producer or importer shall stop production or sales, recall the defective product, and notify the relevant operators or users to stop sales or use. If the manufacturer or importer fails to implement the recall in accordance with the law, the market supervision and administration department under the State Council shall order the recall in accordance with the law.
Where a medium-sized or large-sized civil unmanned aerial vehicle system fails to remain in an airworthy state, it shall be handled by the competent civil aviation department under the State Council in accordance with the provisions relating to airworthiness management.
Article 14 If major design changes are made to a civil unmanned aerial vehicle system for which an airworthiness authorization has been obtained and it is intended to be used for flight activities, a new application for an airworthiness authorization shall be made.
Modifications to micro, light and small civil unmanned aerial vehicle systems shall comply with the relevant mandatory national standards. If the factory performance and parameters of a civil unmanned aerial vehicle system, such as its airspace-keeping capability, reliable surveillance capability, speed or altitude, are changed, its owner shall promptly update the performance and parameter information on the integrated unmanned aerial vehicle comprehensive supervision and service platform.
Those who modify civil unmanned aerial vehicles shall comply with the management regulations of the category to which the modified vehicle belongs.
Article 15 The production, maintenance and use of civil unmanned aerial vehicle systems shall comply with radio management laws and regulations as well as the relevant State regulations. However, if a civil unmanned aerial vehicle system uses a specific radio frequency determined by the State radio administration agency, and if the radio transmitting equipment concerned has obtained type approval for radio transmitting equipment, it is not necessary to obtain a radio frequency use permit or a radio station license.
Article 16 Persons who control small, medium or large civil unmanned aerial vehicles shall meet the following conditions and apply to the competent civil aviation department under the State Council to obtain a corresponding civil unmanned aerial vehicle controller (hereinafter referred to as controller) license:
(i) Possess full civil capacity;
(ii) Receive safety control training and pass the assessment of the civil aviation administration;
(c) No medical history of diseases that may affect the control behavior of civil unmanned aerial vehicles, and no record of drug abuse;
(d) No record of being criminally punished for intentional crimes against national security, public security or violation of citizens' personal rights or disruption of public order in the past five years.
Personnel engaged in routine agricultural unmanned aerial vehicle operational flight activities are not required to obtain a controller's license, but shall be trained and assessed by the producer of the agricultural unmanned aerial vehicle system in accordance with the contents stipulated by the competent departments in charge of civil aviation and agriculture and rural areas under the State Council, and shall obtain an operator's certificate after passing the examination.
Article 17 Personnel operating micro- and lightweight civil unmanned aerial vehicles are not required to obtain a controller's license, but they should be proficient in the operating methods of the relevant models and be aware of the risk warning information and the relevant management system.
Persons without civil capacity may only control the flight of a miniature civil unmanned aerial vehicle, and persons with restricted civil capacity may only control the flight of a miniature or lightweight civil unmanned aerial vehicle. When a person incapable of civil conduct controls a miniature civil unmanned aerial vehicle in flight or a person with limited capacity for civil conduct controls a light civil unmanned aerial vehicle in flight, he or she shall be guided on the spot by a person with full capacity for civil conduct who meets the conditions set forth in the preceding paragraph.
Persons operating light civil unmanned aerial vehicles to fly within the controlled airspace of unmanned aerial vehicles shall have full capacity for civil conduct and shall be qualified by training in accordance with the provisions of the competent civil aviation department under the State Council.
Chapter III. Management of airspace and flight activities
Article 18 The designation of airspace for unmanned aerial vehicle flights should follow the principles of integrated allocation, safety and efficiency, with segregated flights as the main focus, taking into account the need for integrated flights and giving full consideration to flight safety and public interests.
The designation of airspace for unmanned aerial vehicle flights should specify the horizontal and vertical ranges and the time of use.
Air traffic management agencies shall prioritize the designation of airspace for unmanned aerial vehicles to carry out military, police, customs and emergency management missions.
Article 19 The State establishes unmanned aerial vehicle control airspace (hereinafter referred to as control airspace) in accordance with the needs.
The airspace above 120 meters in height, the air exclusion zone, the air restriction zone and the surrounding airspace, the ultra-low altitude flight airspace of military aviation, and the airspace above the following areas shall be designated as controlled airspace:
(i) Airports and a certain range of surrounding areas;
(ii) The area within a certain range of the national boundary line, the line of actual control and the border line to our side;
(c) Restricted military zones, military management zones, places of supervision and other classified units, as well as a certain range of surrounding areas;
(d) Important military-industrial facility protection areas, nuclear facility control areas, production and warehousing areas for flammable, explosive and other hazardous materials, and large-scale warehousing areas for combustible and important materials;
(v) Public infrastructure such as power plants, substations, gas stations, water supply plants, public transportation hubs, navigation hubs, major water conservancy facilities, ports, highways, railroad electrification lines, and a certain range of areas around them, as well as protected areas for drinking water sources;
(vi) Facilities requiring special protection of the electromagnetic environment, such as radio astronomy stations, satellite measurement and control (navigation) stations, aviation radio navigation stations, radar stations and other facilities, as well as a certain range of surrounding areas;
(vii) Important revolutionary memorial sites, important immovable cultural relics and a certain range of surrounding areas;
(viii) Other areas as defined by the national lead agency for air traffic management.
The specific scope of controlled airspace shall be determined by air traffic management agencies at all levels in accordance with the provisions of the leading national air traffic management agencies, and shall be announced by the people's governments at or above the municipal level of the districts in which they are located, with the civil aviation management departments and the units assuming the corresponding responsibilities issuing the navigational information.
No unmanned aerial vehicle flight activities shall be carried out in controlled airspace without the approval of the air traffic management agency.
The airspace outside the scope of controlled airspace is the flyable airspace for micro, light and small unmanned aerial vehicles (hereinafter referred to as flyable airspace).
Article 20 In the event of special circumstances, the control airspace may be temporarily increased, and the air traffic management agency shall determine the horizontal and vertical extent and the time of use of the airspace concerned in accordance with the relevant national regulations.
To safeguard major national events and other large-scale activities, 24 hours before the temporary increase in controlled airspace comes into effect, the local people's government at or above the municipal level of the district shall issue a public announcement, and the civil aviation administration department and the unit assuming the corresponding responsibilities shall issue the navigational information.
To guarantee the implementation of military missions or other emergency missions such as anti-terrorism and stability preservation, rescue and disaster relief, medical rescue, etc., the local people's government at or above the municipal level of the district shall issue an emergency announcement 30 minutes before the temporary increase in controlled airspace comes into effect, and the civil aviation administration department and the unit assuming the corresponding responsibilities shall issue the navigational information.
Article 21 Where it is necessary to set up ground warning signs for controlled airspace in accordance with the provisions of the leading national air traffic management agency, the people's government at the municipal level of the district shall organize the setting up of such signs and strengthen daily inspections.
Article 22 Unmanned aerial vehicles should normally be flown in isolation from manned aerial vehicles.
Fusion flights may be conducted with the approval of the air traffic management agency in one of the following situations:
(i) Flights of unmanned aerial vehicles under the jurisdiction of the police, customs and emergency management departments in the same airspace or in the same airport area as manned aerial vehicles used by their own departments or units, in accordance with the needs of the mission or flight program;
(ii) Flights of large unmanned aerial vehicles with airworthiness permits;
(iii) Medium-sized unmanned aerial vehicles with airworthiness permits do not exceed a true altitude of 300 meters;
(iv) Flights of small unmanned aerial vehicles not exceeding a true height of 300 meters;
(v) Light unmanned aerial vehicles flying at a height of not more than 300 meters above the airspace suitable for flight.
Air traffic management agency approval is not required to conduct fusion flights in any of the following situations:
(i) Flights of micro and light unmanned aerial vehicles in airspace suitable for flight;
(ii) Routine agricultural unmanned aerial vehicle operational flight activities.
Article 23 The national leading agency for air traffic management has coordinated the construction of an integrated and comprehensive supervision and service platform for unmanned aerial vehicles, so as to implement dynamic supervision and service for unmanned aerial vehicles nationwide.
Air traffic management agencies and civil aviation, public security, industry and information technology departments and units collect relevant information on the production, registration and use of unmanned aerial vehicles in accordance with the division of responsibilities, share it on the integrated comprehensive supervision and service platform for unmanned aerial vehicles, and take corresponding measures to safeguard information security.
Article 24 For unmanned aerial vehicles (UAVs) other than miniature ones to carry out flight activities, the controller shall ensure that the UAVs are able to report identifying information to the Integrated Comprehensive Supervision and Service Platform for Unmanned Aerial Vehicles (ICSSPUAV) in accordance with the relevant national regulations.
Micro, light, and small unmanned aerial vehicles should broadcast automatic transmissions of identification information during flight.
Article 25 Units or individuals organizing unmanned aerial vehicle flight activities shall comply with relevant laws, regulations and rules, take the initiative to adopt accident prevention measures, and assume the main responsibility for flight safety.
Article 26 Except as otherwise provided in article 31 of these Regulations, a unit or individual organizing unmanned aerial vehicle flight activities shall submit an application for flight activities to an air traffic management agency before 1200 hours on the first day before the proposed flight. The air traffic management agency shall make a decision on approval or disapproval before 2100 hours on the 1st day before the flight.
If a regular flight activity is implemented in the fixed airspace in accordance with the regulations of the leading national air traffic management agency, an application for a long-term flight activity may be filed and implemented after approval, and the flight plan shall be reported to the air traffic management agency for record by 12:00 a.m. of the 1st day before the proposed flight.
Article 27 An application for unmanned aerial vehicle flight activity shall include the following:
(i) Information on the unit or individual organizing the flight activity, the controller and the relevant qualification certificates;
(ii) Type, number, main performance indicators and registration and management information of unmanned aerial vehicles;
(c) The nature of the mission and the mode of flight, the implementation of the special general aviation mission stipulated by the State should also provide a valid mission authorization documents;
(iv) Airports (sites) for take-off, landing and preparation for landing;
(v) Methods of communication;
(vi) Expected moment of commencement and termination of the flight;
(vii) Flight routes, altitudes, speeds and extent of airspace, and methods of entering and leaving airspace;
(viii) Command and control link radio frequencies and occupied bandwidth;
(ix) Communication, navigation and surveillance capabilities;
(x) Where a secondary radar transponder or related automatic surveillance equipment is installed, the code application shall be indicated;
(xi) Emergency response procedures;
(xii) Special flight protection requirements;
(xiii) Other necessary information related to the use of airspace and flight safety, as specified by the national air traffic management authority.
Article 28 Applications for unmanned aerial vehicle flight activities are approved in accordance with the following authorities:
(i) For flights within a flight control sub-area, authorization is granted by the air traffic management agency responsible for that flight control sub-area;
(ii) Flights within the flight control area beyond the flight control sub-area shall be authorized by the air traffic management agency responsible for that flight control area;
(c) If a flight exceeds the flight control area, it shall be authorized by the air traffic management agency authorized by the national air traffic management leading agency.
Article 29 If an unmanned aerial vehicle is used to carry out emergency missions such as counter-terrorism and stability maintenance, disaster rescue and relief, or medical rescue, an application for flight activities shall be submitted to the air traffic management agency 30 minutes before the planned take-off. The air traffic management organization shall make a decision of approval or disapproval 10 minutes before takeoff. In the case of a special emergency mission, the user unit may submit an application for flight activities at any time.
Article 30 If a unit or individual whose flight activities have been approved organizes unmanned aerial vehicle flight activities, it shall report to the air traffic management agency one hour before the planned take-off on the expected take-off moment and readiness, and shall take off only after confirmation by the air traffic management agency.
Article 31 The organization of unmanned aerial vehicles to implement the following flight activities, without the need to submit an application for flight activities to the air traffic management agency:
(i) Flight activities of micro, light and small unmanned aerial vehicles in flyable airspace;
(ii) Routine agricultural unmanned aerial vehicle operational flight activities;
(c) Flight activities of unmanned aerial vehicles under the jurisdiction of the police, customs and emergency management departments in the airspace not exceeding 120 meters above the true height above their premises, ground (water) training grounds, firing ranges, etc.; however, they are required to be confirmed by the air traffic management agency one hour prior to the planned take-off before they are allowed to take off;
(d) Civilian unmanned aerial vehicles carry out inspection, survey, calibration and other flight tasks within the control zones of civilian transport airports; however, they are required to report to the air traffic management agency for the record on a regular basis, and are not allowed to take off until they have been confirmed by the air traffic management agency one hour prior to the planned take-off.
Where one of the following circumstances exists in respect of the flight activities provided for in the preceding paragraph, an application for flight activities shall be made in accordance with the provisions of article 26 of these Regulations:
(i) Relay flights of unmanned aerial vehicles through communication base stations or the Internet;
(ii) Carrying dangerous goods or dropping objects (except for regular agricultural unmanned aerial vehicle operational flight activities);
(iii) Flying over crowds at rallies;
(iv) Operating an unmanned aerial vehicle on a moving vehicle;
(v) Implementation of distributed operations or cluster flights.
Micro- and light-weight unmanned aerial vehicles are not required to obtain a special general aviation mission authorization document if they are flying within the airspace suitable for flight.
Article 32 To operate an unmanned aerial vehicle to carry out flight activities, the following behavioral norms should be observed:
(a) Obtain the relevant licenses and documents in accordance with the law and carry them with them for inspection when carrying out flight activities;
(ii) Prepare for safe flights, check the status of unmanned aerial vehicles and update information such as electronic fences in a timely manner before implementing flight activities;
(c) Real-time mastery of the flight dynamics of unmanned aerial vehicles, the implementation of flight activities subject to authorization should be maintained with air traffic management agencies to keep communication links open, subject to air traffic management, and report in a timely manner after the end of the flight;
(iv) Maintaining the necessary safety intervals in accordance with the regulations of the national lead agency for air traffic management;
(v) Those who operate micro-unmanned aerial vehicles shall maintain flight within visual range;
(f) When controlling small unmanned aerial vehicles in airspace suitable for flight, they should comply with the regulations of the leading national air traffic management organization on speed limits, communications, navigation and other aspects;
(vii) When flying at night or in low visibility meteorological conditions, the light system shall be turned on and ensured to be in good working order;
(viii) If over-the-horizon flights are carried out, the flight dynamics of other aircraft in the airspace should be grasped and measures should be taken to avoid collisions;
(ix) Do not operate an unmanned aerial vehicle while under the influence of alcoholic beverages, narcotics or other drugs;
(x) Other rules of conduct for flight activities prescribed by the national air traffic management authority.
Article 33 The following avoidance rules shall be observed when operating an unmanned aerial vehicle to carry out flight activities:
(i) Avoid manned aircraft, unpowered aircraft and ground and water vehicles;
(ii) Single flights avoiding cluster flights;
(iii) Micro unmanned aerial vehicles avoiding other unmanned aerial vehicles;
(iv) Other rules of avoidance prescribed by the national lead agency for air traffic management.
Article 34 It is prohibited to use unmanned aerial vehicles to commit the following acts:
(i) Illegal photographing of military facilities, military industrial facilities or other classified places;
(ii) Disturbing the working order of institutions, organizations, enterprises and institutions or the order of public places;
(iii) Obstructing the staff of State organs in the performance of their duties in accordance with the law;
(d) Placement of publicity materials or other articles containing content that violates laws and regulations;
(e) Endangering the safety of public facilities, units or individual property;
(vi) Endangering the life and health of others, illegally collecting information, or violating other personal rights and interests of others;
(vii) Illegally obtaining or leaking State secrets, or illegally providing data and information outside the country;
(viii) Other acts prohibited by laws and regulations.
Article 35 Units using civil unmanned aerial vehicles to engage in surveying and mapping activities may only engage in surveying and mapping activities after obtaining a surveying and mapping qualification certificate in accordance with the law.
Foreign unmanned aerial vehicles or unmanned aerial vehicles operated by foreign personnel shall not be allowed to carry out flight activities such as surveying and mapping, testing of radio wave parameters, etc., within the territory of China.
Article 36 Model aircraft shall be flown within the airspace designated by the air traffic management agency for air flight camps, unless otherwise provided by the leading national air traffic management agency.
Chapter IV. Supervision, management and emergency response
Article 37 The national leading agency for air traffic management shall organize relevant departments and units to publish to the society on the integrated comprehensive supervision and service platform for unmanned aerial vehicles information such as approval matters, application handling process, accepting units, contact information, and reporting and acceptance methods, etc., and update them in a timely manner.
Article 38 Any unit or individual who discovers a violation of the provisions of these Regulations may report it to the air traffic management organization, the civil aviation administration or the local public security authorities. The department or unit receiving the report shall promptly deal with it in accordance with the law; if it does not belong to the department or unit, it shall be promptly transferred to the department or unit authorized to deal with it.
Article 39 Air traffic management agencies, civil aviation management departments and public security organs at or above the county level shall formulate emergency plans for the safe management of unmanned aerial vehicle flights, conduct regular drills and improve emergency response capabilities.
Local people's governments at or above the county level shall incorporate unmanned aerial vehicle safety and emergency management into the emergency management system for emergencies, and improve the working mechanism for emergency response in terms of information exchange and coordination.
Designers and producers of unmanned aerial vehicle systems shall ensure that unmanned aerial vehicles are equipped with emergency avoidance, landing and other emergency disposal functions, so as to avoid or mitigate damage to life and property in the event of an accident involving unmanned aerial vehicles.
Units or individuals using unmanned aerial vehicles shall, in accordance with the relevant provisions, formulate flight emergency disposal plans, implement risk prevention measures, and eliminate potential safety hazards in a timely manner.
Article 40 In the event that an abnormal situation occurs in the flight of an unmanned aerial vehicle, the unit or individual organizing the flight activity shall dispose of it in a timely manner and comply with the instructions of the air traffic management agency; in the event that this leads to flight safety problems, the unit or individual organizing the flight activity shall also report the relevant situation to the air traffic management agency within 24 hours after the unmanned aerial vehicle has landed.
Article 41 In the case of unknown situations in the air and unmanned aerial vehicles flying in violation of the law, the public security organs may, when conditions are favorable, carry out advance disposal of low-altitude targets and are responsible for on-site disposal of unmanned aerial vehicles flying in violation of the law after they have landed on the ground. The relevant military organs, public security organs, State security organs and other units shall, in accordance with their division of responsibilities, organize the investigation and disposal of such objects, and other relevant departments, such as the civil aviation administration, shall cooperate with them.
Article 42 If an unmanned aerial vehicle violates flight management regulations, disrupts public order or endangers public safety, air traffic management agencies, civil aviation authorities and public security organs may, in accordance with the law, take such emergency measures as necessary technical prevention and control, seizure of relevant items, ordering the cessation of flights, and sealing up places of illegal activities.
Article 43 The military, the police and high-risk anti-terrorist key target management units authorized by the public security organs in accordance with the relevant provisions of the national counter-terrorism leading bodies may, in accordance with the law, be equipped with unmanned aerial vehicle countermeasures equipment, the setting up and use of which shall be strictly controlled under the guidance and supervision of the public security organs or the relevant military organs.
Measures for the equipping, setting up and use of countermeasures equipment for unmanned aerial vehicles, as well as for the authorization and management of such equipment, shall be formulated by the State Council's departments of industry and information technology, public security, national security and market supervision and administration, in conjunction with the relevant departments of the State Council and the relevant military authorities.
No unit or individual shall unlawfully possess or use unmanned aerial vehicle countermeasures equipment.
Chapter V. Legal liability
Article 44 If, in violation of the provisions of these Regulations, a person engages in the design, production, importation, flight and maintenance of medium-sized or large civil unmanned aerial vehicle systems without obtaining an airworthiness permit in accordance with the law, he or she shall be ordered by the civil aviation authority to cease the relevant activities, confiscate the illegal proceeds, and shall be subject to a fine of not less than one and not more than five times the amount of the cargo value of the unmanned aerial vehicle system; and, if the circumstances are serious, he or she shall be ordered to cease and desist from operations.
Article 45 If, in violation of the provisions of these Regulations, a civil unmanned aerial vehicle system producer fails to set a unique product identification code for the unmanned aerial vehicle it produces in accordance with the provisions of the competent department of industry and information technology under the State Council, the competent department of industry and information technology under the people's government at or above the county level shall order rectification, confiscate the illegal income, and impose a fine of 30,000 yuan to 300,000 yuan; if it refuses to rectify, it shall be ordered to suspend its business and rectify the situation.
Article 46 If, in violation of the provisions of these Regulations, a civil unmanned aerial vehicle system for which an airworthiness permit has been obtained undergoes a major design change, fails to reapply for an airworthiness permit and is used in flight activities, the civil aviation administration shall order rectification and impose a fine of not less than one and not more than five times the amount of the cargo value of the unmanned aerial vehicle system.
If, in violation of the provisions of these Regulations, a person alters the factory performance such as airspace holding capability, reliable surveillance capability, speed or altitude, and parameters of a miniature, light, or small civil unmanned aerial vehicle system, and fails to update the performance and parameter information on the integrated unmanned aerial vehicle integrated supervision and service platform in a timely manner, he or she shall be ordered to make corrections by the civil aviation administration department; and if he or she refuses to make corrections, he or she shall be sentenced to a fine of more than 2,000 yuan but not exceeding 20,000 yuan. The civil aviation management department shall order the correction; if it refuses to do so, it shall impose a fine of more than RMB 2,000 yuan.
Article 47 If a civil unmanned aerial vehicle violates the provisions of these Regulations by carrying out flight activities without real-name registration, the public security authorities shall order rectification and may impose a fine of not more than 200 yuan; if the circumstances are serious, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed.
If, in violation of the provisions of these Regulations, a civil unmanned aerial vehicle involved in flights outside China fails to register its nationality in accordance with the law, the civil aviation administration shall order rectification and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan.
Article 48 If, in violation of the provisions of these Regulations, a civil unmanned aerial vehicle fails to take out liability insurance in accordance with the law, the civil aviation administration shall order it to make corrections and impose a fine of not less than RMB 2,000 yuan and not more than RMB 20,000 yuan; if the circumstances are serious, it shall order the unit engaged in the flight activities to suspend its operation and rectify the situation until its operation qualification certificate is revoked.
Article 49 Anyone who violates the provisions of this regulation, fails to obtain an operation certificate or violates the requirements of the operation certificate to carry out flight activities, shall be ordered by the civil aviation administration to make corrections, and shall be subject to a fine of not less than RMB 50,000 yuan and not more than RMB 500,000 yuan; and if the circumstances are serious, shall be ordered to suspend operation and rectify the situation until its operation certificate is revoked.
Article 50 Where a person without civil capacity or with limited civil capacity operates a civil unmanned aerial vehicle in flight in violation of the provisions of these Regulations, the public security authorities shall impose a fine on his or her guardian of not less than 500 yuan and not more than 5,000 yuan; where the circumstances are serious, the unmanned aerial vehicle in which the violation was committed shall be confiscated.
Anyone who violates the provisions of this regulation by operating a civil unmanned aerial vehicle flight without obtaining a controller's license shall be fined by the civil aviation administration department at a level of 5,000 yuan or more than 50,000 yuan or less; and if the circumstances are serious, a fine of 10,000 yuan or more than 100,000 yuan or less shall be imposed.
Anyone who violates the provisions of these Regulations by operating a civil unmanned aerial vehicle beyond the scope specified in the controller's license shall be fined by the civil aviation administration department from RMB 2,000 yuan to RMB 20,000 yuan and shall have the controller's license suspended for 6 to 12 months; if the circumstances are serious, the controller's license shall be revoked, and no application for a controller's license shall be accepted for a period of 2 years.
Anyone who violates the provisions of this Regulation and engages in flight activities of conventional agricultural unmanned aerial vehicle operations without obtaining an operation certificate shall be ordered by the competent department of agriculture and rural areas of the local people's government at or above the county level to stop the operations and shall be fined from 1,000 yuan to less than 10,000 yuan.
Article 51 If a unit or individual that organizes flight activities violates the provisions of Articles 32 and 33 of these Regulations, it shall be ordered by the civil aviation administration to make corrections, and may be fined less than RMB 10,000 yuan; if it refuses to make corrections, it shall be fined from RMB 10,000 yuan to less than RMB 50,000 yuan, and may also be subject to temporary suspension of the operation certificate and the controller's license from 1 month to 3 months; if the circumstances are serious, it may be ordered by the air traffic management agency to stop flights from 6 to 12 months. In serious cases, the air traffic management agency shall order the suspension of flights for 6 months to 12 months, impose a fine of RMB 50,000 yuan to RMB 100,000 yuan, and revoke the corresponding licenses, and shall not accept applications for the corresponding licenses within 2 years.
Anyone who violates the provisions of this Regulation by operating a micro, light, or small civil unmanned aerial vehicle in controlled airspace without authorization, or by operating a model aerial vehicle outside the airspace delineated by an air traffic management agency, shall be ordered by the public security organ to stop the flight, and may be fined not more than RMB 500 yuan; if the circumstances are serious, the unmanned aerial vehicle in which the violation is carried out shall be confiscated, and shall be imposed a fine of RMB 1,000 yuan to RMB 10,000 yuan. In serious cases, the unmanned aerial vehicle shall be confiscated and a fine of not less than 1000 yuan and not more than 10,000 yuan shall be imposed.
Article 52 Anyone who unlawfully possesses or uses unmanned aerial vehicle countermeasures equipment in violation of the provisions of this Regulation shall be confiscated by the radio administration agency and the public security authorities in accordance with the division of responsibilities, and may be fined not more than RMB 50,000 yuan; if the circumstances are serious, a fine of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan shall be imposed.
Article 53 If, in violation of the provisions of these Regulations, a foreign unmanned aerial vehicle or an unmanned aerial vehicle controlled by foreign personnel carries out mapping flight activities within the territory of China, the competent department of surveying, mapping and geographic information of the people's government at or above the county level shall order the cessation of the illegal act, confiscate the illegal proceeds, the results of the surveying and mapping and the unmanned aerial vehicle that carried out the offending flight, and impose a fine of not less than 100,000 yuan and not more than 500,000 yuan; if the circumstances are serious, a A fine of not less than 500,000 yuan and not more than 1,000,000 yuan, and a decision by the public security organ or the national security organ to leave the country for a limited period of time or to expel the person from the country in accordance with the division of responsibilities.
Article 54 Where the production, modification, assembly, assembling, sale and recall of micro, light or small civil unmanned aerial vehicle systems violates relevant laws and regulations on product quality or standardization management, the market supervision and administration department of the people's government at or above the county level shall impose penalties in accordance with the law.
In addition to the cases where it is not necessary to obtain a radio frequency use permit and a radio station license in accordance with the provisions of Article 15 of these Regulations, the production, maintenance and use of civil unmanned aerial vehicle systems in violation of the radio management laws and regulations as well as the relevant state regulations shall be punished by the radio management agency in accordance with the law.
Where the flight activities of unmanned aerial vehicles violate the laws and regulations on the protection of military facilities, they shall be carried out in accordance with the provisions of the relevant laws and regulations.
Article 55 In violation of the provisions of these Regulations, the relevant departments, units and their staff who abuse their authority, neglect their duties, show favoritism or commit other illegal acts in the management of unmanned aerial vehicle flights and related activities shall be punished in accordance with the law.
Article 56 Any violation of the provisions of these Regulations that constitutes a violation of public security administration shall be punished by the public security organs in accordance with the law; if it constitutes a crime, criminal responsibility shall be investigated in accordance with the law; and if it results in damage to persons, property, or other damage, civil liability shall be borne in accordance with the law.
chapter vi. bylaws
Article 57 The implementation of unmanned aerial vehicle flight activities in other airspace under the jurisdiction of China shall comply with the relevant provisions of these Regulations.
UAV flights indoors shall not be subject to these regulations.
Flying toys with self-contained power systems are subject to the relevant provisions of these Regulations, the specific measures of which shall be formulated by the competent department of industry and information technology under the State Council and the relevant air traffic management agencies in conjunction with the competent departments of public security and civil aviation under the State Council.
Article 58 Where the flight of unmanned aerial vehicles and related activities are not provided for in these Regulations, the Civil Aviation Law of the People's Republic of China, the Basic Rules of Flight of the People's Republic of China, the Regulations on the Control of General Aviation Flights, and the relevant laws and administrative regulations shall apply.
Article 59 For the management of military unmanned aerial vehicles, the provisions of the State Council and the Central Military Commission shall apply if they provide otherwise.
Measures for the management of matters such as airworthiness, registration and controllers of unmanned aerial vehicles under the jurisdiction of the police, customs and emergency management departments shall be formulated separately by the relevant departments of the State Council.
Article 60 The administrative methods for matters such as classification, production, registration, controllers, and aviation flight camps of model aircraft shall be formulated separately by the competent department of sports under the State Council in conjunction with the relevant air traffic management agencies, and the competent departments of industry and information technology, public security, and civil aviation under the State Council.
Article 61 Where a civil unmanned aerial vehicle produced before the implementation of these Regulations cannot automatically report identification information to the integrated unmanned aerial vehicle comprehensive supervision and service platform in accordance with the relevant provisions of the State, the implementation of flight activities shall be carried out in accordance with the provisions of these Regulations by submitting an application for flight activities to the air traffic management agency, which shall be allowed to fly only after approval is granted.
Article 62 Meaning of the following terms in this Ordinance:
(i) Air traffic management agency means the agency within the military and civil aviation administration responsible for air traffic management in the area of responsibility concerned.
(b) Micro-unmanned aerial vehicles, meaning unmanned aerial vehicles with an empty weight of less than 0.25 kg, a maximum flight height of no more than 50 m, a maximum level flight speed of no more than 40 km/h, and radio transmitting equipment that conforms to the requirements of micropower and short-range technology, and that can be manually intervened in at any time throughout the entirety of the operation of the unmanned aerial vehicle.
(c) Light unmanned aerial vehicles, meaning unmanned aerial vehicles with an empty weight of no more than 4 kg and a maximum take-off weight of no more than 7 kg, with a maximum level flight speed of no more than 100 km/h, with the ability to maintain airspace in accordance with the requirements of airspace management and the ability to be reliably watched over, and with the entirety of the unmanned aerial vehicle that can be manually intervened in at any time for manipulation, but not including micro-unmanned aerial vehicles.
(d) Small unmanned aerial vehicles, meaning unmanned aerial vehicles with an empty weight of no more than 15 kilograms and a maximum take-off weight of no more than 25 kilograms, with the ability to maintain airspace and the ability to be reliably watched in accordance with the requirements of airspace management, and with the ability to manually intervene in the entire process at any time to take control of the unmanned aerial vehicle, but excluding micro- and light-weight unmanned aerial vehicles.
(v) Medium-sized unmanned aerial vehicles, meaning unmanned aerial vehicles with a maximum take-off weight of not more than 150 kilograms, but excluding micro, light and small unmanned aerial vehicles.
(vi) Large unmanned aerial vehicle means an unmanned aerial vehicle with a maximum take-off weight of more than 150 kilograms.
(vii) Unmanned aerial vehicle system means a system consisting of an unmanned aerial vehicle and its associated remote control station (station), mission payload and control link. Among them, remote control station (station) refers to the various manipulation equipment (means) for remote control of unmanned aerial vehicles as well as the relevant systems as a whole.
(viii) Agricultural unmanned aerial vehicles (UAVs) are unmanned aerial vehicles with a maximum flight height of no more than 30 metres, a maximum level flight speed of no more than 50 km/hour, a maximum flight radius of no more than 2,000 metres, an airspace-keeping capability and a reliable surveillance capability, and are specifically designed to be used for planting, sowing, baiting and other agricultural, forestry, animal husbandry and fishery operations, and which can be manually intervened in and manipulated throughout the entire process at any time.
(ix) Segregated flights are flights in which unmanned aerial vehicles are not in the same airspace at the same time as manned aerial vehicles.
(x) Fusion flights are flights of unmanned aerial vehicles and manned aerial vehicles in the same airspace at the same time.
(xi) Distributed operation means a model that breaks down the operation of an unmanned aerial vehicle system into multiple sub-services that are deployed at multiple sites or terminals for coordinated operation.
(xii) Cluster means a mode of unmanned aerial vehicle operation that employs the same system or platform with the ability to control multiple unmanned aerial vehicles and, in order to deal with the same task, features interconnected and coordinated processing of the control data of each unmanned aerial vehicle and the parallel control of multiple unmanned aerial vehicles at the same time to conduct flights in a relatively physically centralized manner.
(xiii) Model aircraft, also known as aeronautical models, are unmanned aerial vehicles that have size and weight limitations, cannot carry passengers and do not have altitude-holding and position-holding flight functions, including free-flying, line-control, manual uninterruptible remote-control within a direct visual range of sight, and manual uninterruptible remote-control with the aid of a first-viewing angle, and so on.
(xiv) Unmanned aerial vehicle countermeasures equipment refers to equipment specifically designed for the prevention and control of unmanned aerial vehicle flight violations, with the functions of interference, interception and control, capture and destruction.
(xv) Airspace maintenance capability means the ability to control the altitude and horizontal range of unmanned aerial vehicles through technical measures such as electronic fencing.
Article 63 This ordinance shall become effective on January 1, 2024.
Notes:
This article is reprinted from the Chinese government website.
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