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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/04/30 10:20
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Chapter Law Content

Chapter 5 – Operating Limitations and Permits of Flight
Section 1- General operation rules
Article 25
Remote pilot shall, before Drone flight activities, check the Drone system according to the maintenance manual provided by the Drone manufacturer, and may only engage in the activities after the Drone conforms to the flight safety conditions
Article 26
Remote pilot shall evaluate the following circumstances before the Drone flight operations:
1. Environment of the operation area, including weather condition, airspace, flight limitations and other hazardous factors in the air or on the ground;
2. General operation, emergency procedures and regulations of Drone;
3. Communication and command/control signals between the remote control equipment and the Drone in good working condition;
4. Carrying sufficient fuel or power in the battery, and having considered the weather condition in the forecast, expected delay and other circumstances under which the landing of the Drone may be delayed.
Article 27
Remote pilot shall comply with the following when operating the Drone:
1. Blood alcohol content not exceeding 0.02%, or not exceeding 0.01mg per liter when exhaling;
2. Not be affected by substance with phychoactive effect which may cause the capacity to be impaired;
3. Not engaging in any operation which may endanger life or property.
Article 28
Remote pilot shall comply with the following operating limitations in the course of Drone flight activities:
1. A distance of more than 30 meters shall be kept from highway, freeway/expressway, railway, elevated railway, grounded or elevated mass rapid transit system, building and obstacles;
2. Operation of Drone from moving aircraft, vehicles or ships is prohibited;
3. The maximum flying speed shall not exceed 87 nautical miles or 160 kilometers per hour for Drones with maximum take off weight below 25 kg and navigation system;
4. For flight in extended visual range, the maximum range shall be 900 meters radius from the Remote pilot as the center, and within 400 feet above ground level or sea level; visual observer shall keep visual contacts with the Drone and provide the Remote pilot with necessary flight information.
The limitations in the preceding paragraph shall not apply to government agencies (institutions), schools or legal persons after the approval from CAA is obtained pursuant to Article 32, Paragraph 1 herein.
Article 29
During the Drone operation, Remote pilot shall keep alert to the flight and surrounding conditions of the Drone, ensure that the other aircraft, ultra-light vehicles, Drone or obstacles shall be detected and avoided, and prevent the Drone from approaching thereto and colliding therewith.
Section 2- Flight Permits for Government agencies (institutions), schools or legal persons
Article 30
Government agencies (institutions), schools or legal persons shall submit the following documents to CAA for application, and may only engage in Drone flight activities after obtaining CAA’s authorization:
1. Registration document;
2. Checklist of Drone system, and list of operating personnel;
3. Operations manual, the content of which is set out in Attachment 13; where the performance of duties requires the government agencies (institutions), schools or legal persons to operate the flight activities as set out in Article 99-14, Paragraph 1, Subparagraphs 1~8 of the Act, the relevant equipment and procedures for the exclusion of operating limitations shall be specified in the operation manual.
The authorization in the preceding paragraph shall be valid for two years, and government agencies (institutions), schools or legal persons may apply to CAA for the renewal thereof within 30 days before the expiry date thereof.
In the event of any change to the information in Paragraph 1, Subparagraphs 1 and 3 herein, government agencies (institutions), schools or legal persons shall file to CAA within 15 days of the occurrence thereof, and Drone flight activities may only be operated after obtaining CAA’s authorization.
Government agencies (institutions), schools or legal persons shall keep updated the information set out in Paragraph 1, Subparagraphs 2 herein at all times.
Article 31
Government agencies (institutions), schools or legal persons which engage in Drone flight activity in the prohibited area, restricted area, and the range of the distance from the boundary of an airport or airfield shall submit activity plan (Attachment 14) 15 days prior to the date of the activity for the consent by CAA in consultation with relevant supervisory authority. Provided, however, that where the prohibited area, restricted area or the airport or airfield involves any area administered by the military authorities (agencies), the application shall be filed 30 days prior to the date of the activity.
Government agencies (institutions), schools or legal persons which engage in Drone flight activity in the prohibited area or restricted area notified by the Municipality and County (City) government shall submit activity plan (Attachment 14) 15 days prior to the date of the activity to the Municipality and County (City) government, which shall consult the central government authority for approval. In the event of cross- county/city activity, application shall be filed to the Municipality and County (City) government of the take off location for the consent by the Municipality and County (City) government of the take off location and of the location which the flight route crosses.
Before and after each activity in the preceding two paragraphs that has been approved by CAA or the Municipality and County (City) government, flight information shall be registered in the information system designated by CAA within the designated time limit.
The consent document in paragraphs 1 and 2 herein shall be valid for a maximum of three months; provided, however, that where the activity is carried out by legal persons registered and certified by agricultural administration as set out in Article 99-14, Paragraph 1, Subparagraphs 2, 3 and 6 of the Act, the term of this paragraph shall be valid for a maximum of six months; and where the activity is carried out by government agencies (institutions)in the course of performing duties, the term of this paragraph shall be valid for a maximum of one year.
For the Drone flight activity which is carried out within the area set out in Article 99-13, Paragraph 2 of the Act, paragraph 2 herein shall not apply if the relevant Municipality and County (City) government has enacted regulations regarding the application for such activity.
Article 32
Government agencies (institutions), schools or legal persons which engage in the flight activity with operating limitations as set out in Article 99-14, Paragraph 1, Subparagraphs 1~8 of the Act shall submit the activity plan (Attachment 14) to CAA for approval 15 days prior to the date of the activity; where the activity shall take place in the space above the crowd or outdoor assembly and parade, the consent document from the Municipality and County (City) government as well as relevant central government agency shall also be submitted.
Before and after each activity in the preceding paragraph that has been approved by CAA, flight information shall be registered in the information system designated by CAA within the designated time limit.
The consent document in paragraph 1 herein shall be valid for a maximum of three months; provided, however, that where the activity is carried out by legal persons registered and certified by agricultural administration as set out in Article 99-14, Paragraph 1, Subparagraphs 2, 3 and 6 of the Act, the term of this paragraph shall be valid for a maximum of six months; and where the activity is carried out by government agencies (institutions)in the course of performing duties, the term of this paragraph shall be valid for a maximum of one year.
Article 32-1
Obtaining consent stipulated in Article 31, Paragraph 2 or Article 32, Paragraph 1, relevant central government agency may commission the government agency (institute) or group to perform.
When the relevant central government agency commission in accordance with the preceding paragraph, the target and matter commissioned and the legal basis for such commission shall be publicly announced and published in a government gazette.
Article 33
Where any disaster occurs, the Drone activities shall be subject to the unified command and dispatch of the commander in the emergency response center of all relevant government levels within the warning area or designated area delineated by relevant government of all levels pursuant to the Disaster Prevention and Protection Act, and application to CAA for approval shall be filed by the emergency response center of all relevant government levels.
For prevention of disaster, recovery and rehabilitation and the occurrence of the emergency other than the disaster, the Drone activities within the warning area or designated area delineated by the government with authority shall be subject to the unified command and dispatch of the commander on site or the person-in-charge on site designated by government with authority; if the warning area or designated area is within the range as set out in Article 99-13, Paragraphs 1 and 2 of the Act, the commander on site or the person-in-charge on site designated by government with authority shall apply to CAA or the Municipality or City (County) government for approval; if the activity involves application of Article 99-14, Paragraphs 1, Subparagraphs 2~8 of the Act, approval by CAA shall be applied for.
Before and after each activity in the preceding two paragraphs that has been approved by CAA, flight information shall be registered in the information system designated by CAA within the designated time limit.
Article 34
Where the government agency, for the purposes of performing official duties including disaster prevention and rescue, inspection, investigation and corrective measures, needs to operate Drone flight activities within a the range of distance from the boundary of an airport or airfield set forth in Article 99-13, Paragraph 1 of the Act, or within the prohibited or restricted area set forth in Article 99-13, Paragraph 2 of the Act, or needs to engage in the activities set forth in Article 99-14, Paragraph 1, Subparagraphs 2~8 of the Act, it shall be exempted from the restrictions set forth in Article 31, Paragraphs 1-2, and Article 32, Paragraph 1 herein with CAA’s consent.
CAA may specify in the consent document set out in the preceding paragraph the items to be noted with respect to the Drone activities.
The consent document in paragraph 1 herein shall be valid for two years; however, application for renewal may be filed with CAA within 30 days before the expiry date thereof.
Article 35
Government agencies (institutions), schools or legal persons shall keep the registration number, activity dates, area of activities or flight track, flight time, nature of flight, name of operating personnel, maintenance, repair or modification records of the Drone, for a minimum of two years.
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