On May 2, 2017, the Brazilian Agency of Civil Aviation ("ANAC") approved the Regulamento Brasileiro de Aviação Civil Especial – RBAC – E No. 94 ("Regulation") for the use of unmanned aerial vehicles ("UAV's).
Taking into account the level of complexity and risk involving the operation and such equipment, until the publication of the Regulation that occurred on May 3, 2017, ANAC, the civil society, public bodies, associations and interested companies widely discussed the issue, including by means of the public hearing – AP nº 13/2015 as well as, workshops.
Therefore, as of July 3, 2017, the requirements of: i) classification; ii) minimum age for piloting; iii) registration; (iv) flight record; license, aeronautical medical qualification and certification; v) insurance; and vi) transportation of cargo of the Regulation must be applied to the UAVs, of recreational use, (named as aeromodelo) and for corporate, commercial or experimental use (named RPA – Remotely Piloted Aircraft), which complement the existing rules of the Department of Airspace Control – DECEA and the National Telecommunications Agency – ANATEL. The rules setting places for landing, minimum distance of people should also be observed.
The penalties to be applied by ANAC, as a result of non-compliance with the Regulation, are set forth in the Brazilian Aeronautical Code (Law no. 7.565/86), the Criminal Code, the Criminal Offense Code and ANAC Resolution n. 25/2008. The other regulatory agencies (DECEA, ANATEL and Ministry of Defence) may also apply sanctions that are under their scope.
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