Special thanks to Joo gives JViana Drones for the great help in creating this article. At the end of the publication all contact information.
What is being discussed the most in the drone world today about what it takes to fly within the law, I know that sometimes you don't even realize it when buying equipment and taking off your drones, but they should. The idea of this article makes it a short manual on how to get the drone fully homologated with ANATEL, with ANAC seal, pilot identification in SARPAS, and correct flight request to take off without fear or fright and suffer no problem.
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It is important to note that the law states that flying with any drone over 250 grams without following the procedures we will highlight below can bring a number of problems and troubles, but our country is very large and is very new, coupled with a number of other factors. In the vast majority of regions there is no oversight, but our role here is to inform and clarify, especially since we have talked a lot about drones.
1 – ANATEL
If your drone already has the ANATEL seal, go to item 2, SISANT registration
The first thing the aspiring drone pilot needs to check is that the equipment that was purchased has the seal of the ANATEL, if the approval process is not necessary, and for this the drone must have at least the FCC certificate, the FCC as if it were our ANATEL, but from the USA, Brazil signatory of international agreements that allow the use of approvals. made outside the country to generate certificates of personal use. The ANATEL Approval Process is done entirely via the Web, but if you have no affinity with extremely technical information that is necessary to the process, it is strongly advised to look for a professional who can do this, the process requires a lot of information, various techniques.
If you still want to venture to make your own approval yourself, to start the process click on this link. Right after entering, for registration choose the option SCH and can proceed in the process.
If you bought your drone outside Brazil, below we have an exclusive topic where we talk about this type of situation, you will need personal approval to stay within the law, again the indication to hire a professional to help interesting to those unfamiliar with the process.
2 – ANAC
The ANAC is responsible for the registration of the drone or model aircraft, but only need to register if the equipment has more than 250 grams, below that the registration waived (for example, we have the Tello and its 80 grams), for this the ANAC created the system SISANT.
The site does not use https yet and so browsers return unsafe but normal message
Within SISANT, the aspiring drone pilot will register the aircraft and ANAC will in turn issue a registration certificate, this certificate may be Recreational Pilot or PROFESSIONAL PILOT.
Especially for the PROFESSIONAL PILOT, there is a need to hire the INSURANCE RETAIL (required to carry out the paid profession), this insurance is now only made by MAPFRE, but can be contracted using associations or companies that partner with them with more interesting values. . In addition, the PROFESSIONAL PILOT must carry an operational risk analysis document for drone operation.
3 – DECEA
O DECEA controls the Brazilian airspace, and because of that, we need to register the aspiring drone pilot and the drone itself with SARPAS.
Register drone in SARPAS
The Drone Show presented the updated numbers of remotely controlled aircraft.
Upon registration, each aspiring drone pilot receives a pilot identification and is then released into the system interface to include the aircraft that has been registered with the ANAC. SARPAS requests to send the PDF file that SISANT (ANAC) generated, so the system identifies what type of flight can be requested.
It is noteworthy that any flight that is made and that is not in a confined environment (within a gym or shed for example), must be requested to register the flight with SARPAS. DECEA has information on their website different from areas where recreational and professional pilots can fly..
Normally a flight request will be answered in less than 1 hour, if the requested area is not sensitive or if it is far from the cities, it is important to observe the maximum allowable heights and maximum allowable distance.
An app is missing to make the process more convenient and quicker to release requests
For those registered with ANAC as PROFESSIONAL PILOTS, SARPAS allows flight requests in more complex environments, but has a very long response time to the request, reaching more than 10 days of waiting, and in some cases with negative responses.
Drones bought outside the country
It is very important to clarify how the law works for drones purchased outside Brazil, which do not carry the ANATEL seal, a simple and complex matter at the same time. For starters, it is important to note that every product that works with some type of frequency transmission needs approval to be used in Brazil, and drones are among these products, as well as smartphones. Ahhhh, this is not something exclusive of Brazil ok? It is normal in other countries as well and is required for frequency control, which is delicate in many situations.
Bought the drone outside Brazil and he does not have ANATEL stamp? Will need to approve
Many people think that when buying out of the country a drone like Mavic Air, which has already been approved by DJI and is being sold in Brazil on official channels, the approval is not necessary since it was approved here by the company, but not quite. Because it was purchased out of the country, it does not carry "Anatel" approval stamp, and "taking a picture" of another drone and placing it on your own does not make it legal, a personal approval of your In addition to making the whole process necessary to pay the famous fee of $ 200 reais that Anatel began to charge a few months ago. Many users believe that this procedure is not necessary, including us in the Connected World, we thought, but not the real understanding of the law, but the "personal" approval of this model purchased outside the country, but to ensure that it works within the law. .
Initiate personal approval process for a drone
System aims to prevent accidents, a giant step for drone flight safety
Nowadays there are companies and professionals that do this homologation work, the most interesting way for ordinary users, as our case. In addition to the $ 200 fee from ANATEL, still has the cost of the process, R $ 255,90 in the case of this announcement on the Free Market (See it gives a discount and is for $ 210, just contact via Facebook). We contacted the advertiser, who already has a lot of experience in this process and approves several models, including some newer ones that are not officially marketed in Brazil as the FIMI X8 SE, compact drone of a division of Xiaomi, launched at the end. 2018 and competing with models like the Mavic Air.
To stay within the law and avoid problems we recommend you do, you may never need to depending on where you are located and where the drone takes off, but …
There is another cost to put together with the purchase of the drone out of the country, since buying in Brazil an approved model would not be necessary this process.
But what if my drone hasn't been approved by Anatel yet?Then the bigger situation, someone having to start this process, as stated above when we talk about ANATEL, not so fast and simple, even requires technical knowledge of some specifications for the process to follow correctly.
One of the most common mistakes of people who went through the inspection process in the most diverse places, having the equipment missing something from the previous processes, let's go to the example:
Aspiring drone pilot bought a piece of equipment, came complete even with the seal of ANATEL, made the registration of the aircraft in ANAC, made the registration of the drone pilot in SARPAS, even registered the drone in SARPAS, but did not request I flew to the equipment at that place I wanted, and out of nowhere the military police requesting the information and documents, they already know what happened n, drone seized and headache seen.
If you are flying the drone, you need to be aware of what you will need, below very clearly depending on the type of pilot:
|Recreational Pilot||Professional Pilot|
This text is just a very shallow way to cover a little of what is needed for a smooth flight, but there are many, many variables that the aspiring pilot always needs to take into account.
Here are some rules and potential problems if the aspiring pilot takes off the drone without thinking about the documentation:
1 – Flying undocumented or outside the parameters that were reported in SARPAS, or commercially flying a drone that is registered for recreational use. Possible Consequences: Seizure of equipment as well as fine or pilot arrest.ANAC: Under the Criminal Offenses Act, driving an unlicensed aircraft can result in simple imprisonment (fifteen days to three months) and a fine. 2 – Endangering vessels or aircraftPossible consequences: Seizure of equipment as well as fine or imprisonment of the pilot.ANAC: The Penal Code provides, in its Article 261, a penalty of imprisonment of two to five years for those who expose the danger to the ship or aircraft, own or others, or to perform any act tending to prevent or hinder maritime, river or area navigation.
3 – Flying less than 30 meters from non-consenting peoplePossible Consequences: Seizure of equipment as well as fine or imprisonment of the pilot.ANAC: The Criminal Code also typifies the exposure of persons at risk, in its Article 132, which provides for the penalty of detention of three months to one year (or more if the crime is considered more serious) in cases where they put themselves in direct danger. or imminent the life or health of others.
4 – Flying less than 30 meters from buildings without permissionPossible Consequences: Seizure of equipment, as well as fine or imprisonment of the pilot.ANAC: Other sanctions are also provided for in the laws regarding civil, administrative and criminal liability, with particular emphasis on the privacy, privacy, honor and image of persons.
And more…And besides all that, the person who hires an irregular drone aspirant service is still legally liable by the Brazilian Aeronautics Code that says the following:
Brazilian Aeronautics Code Law No. 7.565 of December 19, 1986Da Responsibility to Third Parties at SuperfcieArt. 268 The explorer is liable for damage to third parties on the surface caused directly by aircraft in flight, or maneuvering, as well as by any person or thing thereof or designed.1 The explorer is responsible when the aircraft piloted by his agents, even if exorbitate from their attributions.
2 The explorer is not liable if he proves that: I there is no direct cause and effect relationship between the damage and the facts pointed out, II resulted only from the passage of the aircraft through the air space, observing the air traffic rules; III the aircraft It was operated by a third party, neither the agent nor the dependent, which eluded the reasonable vigilance exercised over the device, and IV was solely responsible for the injured party.
3 The aircraft is considered to be in flight from the moment the driving force is applied to take off until the landing operation ends.
If you want to go deeper into laws and regulations, here are some very interesting links:
ANATEL National Telecommunications Agency– Resolution No. 242, of November 30, 2000 Regulation for Certification and Approval of Telecommunication Products. – Resolution No. 506, of July 1, 2008 Regulation on Restricted Radiation Radio Communication Equipment. Regulation on the Temporary Use of Radio Frequency. – Ordinance 465, of August 22, 2007 Approve the Norm N 01/2007, annexed to this Ordinance, which establishes the operational procedures necessary to the request for the execution of the Special Service for Scientific or Experimental
ANAC National Civil Aviation Agency– Brazilian Special Civil Aviation Regulation No. 94 / 2017- Supplementary Instruction E94.503-001A- Supplementary Instruction E94-001A- Supplementary Instruction E94-002A- Supplementary Instruction E94-003
DECEA AREO AREA CONTROL DEPARTMENT– Portal Drone / RPAS
Connected World / Fabio Feyh: We thank Joo of "JViana Drones" who put all these points very clearly and easily understood. It is true that the vast majority of the regions of our country do not strictly enforce these rules today, either out of ignorance, as drones are not yet popular and we are a very large country, or even because they lack the human "material" with capacity and ability. same availability for this type of service.
Many think that laws like these are nothing more than unnecessary bureaucracies, but a drone can bring serious problems depending on the use, various models are much more than "toys", being the necessary laws.
The important thing besides common sense is to fly in an inner city or even far away where it is not even an aviation route and that does not create a danger situation, by common sense does not seem to be a problem Flying with drone, but as stated, the rules exist because there are people who create problems, or even new technology manages the possibility of the problem, as in the case of drones.
We have seen and published a number of very delicate cases putting many lives at stake for lack of common sense and responsibility. Below are links to some of these cases:
– Drone almost hit by helicopter during flight, watch video – Drone sighting temporarily suspends activities at Newark Airport – Gatwick Airport will spend $ 35 million for drone security – Drones disrupt activities at London's second busiest airport / Or Was it all a mistake and had no drone?
I have flown a lot in Floripa and other regions of Santa Catarina, rarely go near the city center, but I have already flown between the bridges that give access to the island and several beaches, always with good sense very attentive to altitude, especially in places where the field of vision has restrictions. "Send" the drone to the sea may give some guarantee of avoiding problems since it is possible to have a better view of the air space, another point that in several of the beaches here of Floripa we have hills nearby, keeping the drone close to them also a It's good to avoid problems, of course considering other possibilities like paragliders etc, anyway, as I've said a few times, common sense basic rules help to avoid problems, and following the above primer is also very important.
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