Legal Challenges for Drone Utilization

2019/08/19

The utilization of drones began with hobbyist radio-controlled helicopters before legal frameworks were established, and they were primarily used for industrial purposes such as aerial photography and pesticide spraying.

While the number of flight permits and approvals at the time the revised Civil Aeronautics Act came into effect in 2015 was 1,000 per month, it increased more than fourfold to 4,500 per month in April 2019. This figure signifies an increase in both the number of drone units and operators.

Looking at the breakdown of flight permits and approvals, aerial photography is the most common at 44%, followed by surveying (13%), infrastructure inspection/maintenance (12%), accident and disaster response (12%), news reporting (7%), and agriculture, forestry, and fisheries (6%).

Surveying and infrastructure inspection/maintenance are currently the hottest fields because they contribute to improved work efficiency and safety. It is still fresh in our memories that drone footage allowed for the rapid assessment of damage during disasters such as the heavy rains in western Japan last year. In the agricultural sector, coexistence and combined use have begun, moving from large industrial unmanned helicopters to pesticide spraying by small drones, and the utilization of smart agriculture is also partially beginning.

I believe that such utilization has been promoted not only by improvements in aircraft performance but also by the fact that basic rules regarding drone flight have been established, removing psychological barriers to entering the industry. Next, I will outline the Civil Aeronautics Act and the Act on Prohibition of Flying Small Unmanned Aircraft, which are related to drone flight.

(1) Background of the Civil Aeronautics Act Revision

On April 22, 2015, a drone carrying a small amount of radioactive material was discovered on the roof of the Prime Minister's Official Residence, raising concerns about safety. Therefore, taking international circumstances into account, legal regulations establishing basic flight rules were rapidly developed as an emergency measure. The revised Civil Aeronautics Act was promulgated on September 11 of the same year and enforced on December 10 of the same year.

(2) Overview

Drones subject to regulation are defined as (1) rotorcraft, etc., that can be used for aviation, (2) those that cannot carry a person due to their structure, (3) those that can be flown by remote control or autopilot, and (4) those with a weight of 200g or more (the total weight of the aircraft body and the battery).

Furthermore, the revised Civil Aeronautics Act established a new chapter for "Unmanned Aircraft" (Chapter 9) and defines prohibited flight zones. Specifically, three zones are set as prohibited flight zones: (1) airspace around airports, (2) airspace at an altitude of 150m or higher, and (3) airspace over densely populated areas.

In addition, when flying an unmanned aircraft, there are restrictions on flight methods regardless of the airspace. The basic flight methods are as follows, and these must be followed (Article 132-2 of the revised Civil Aeronautics Act).

(1) Daytime flight, (2) flight within visual line of sight (flying while relying on the aircraft's camera footage is considered out-of-sight flight), (3) maintaining a distance of 30m from people or objects, (4) flight in airspace other than over event venues, (5) not transporting hazardous materials, and (6) not dropping objects.

If you wish to fly in a prohibited flight zone or fly in a manner that does not follow the basic flight methods (such as night flights or flights over events), you must apply for flight permission/approval from the Minister of Land, Infrastructure, Transport and Tourism. If permission/approval is granted on the grounds that there is no risk of harming the safety of aircraft navigation or the safety of people and property on the ground or water, the drone may be flown (Article 132 and Proviso of Article 132-2 of the Civil Aeronautics Act).

In addition to complying with the revised Civil Aeronautics Act, to fly over important national facilities (such as the National Diet Building, ministry buildings, nuclear power plants, and venues for the Rugby World Cup and Tokyo Olympics/Paralympics) and the surrounding 300m airspace, a "notification form" must be submitted to the police station with jurisdiction at least 48 hours before the flight (Act on Prohibition of Flying Small Unmanned Aircraft).

While the revised Civil Aeronautics Act aims to ensure the safety of aircraft navigation in the sky and the safety of people and property on the ground, the Act on Prohibition of Flying Small Unmanned Aircraft aims to prevent danger to important national facilities and maintain the core functions of national government, maintain good international relations, and ensure public safety.

Regarding future utilization, the government stated at the 24th Council on Investments for the Future (March 7, 2019) that "considering delivery and building inspections, it is necessary to permit out-of-sight flights in manned areas," and a public-private council has begun examining legal frameworks for flights over third parties in out-of-sight conditions.

Regarding flights over third parties within visual line of sight, although examination guidelines have been established since the enforcement of the revised Civil Aeronautics Act, the current situation is that no actual drone flight permits have been issued (because safety standards are high and no drones currently exist that meet them).

In addition, the government is leading discussions on privacy protection, land ownership rights, and the nature of airspace utilization.