The National Civil Aviation Agency (“ANAC”) approved last May 02, 2017, Brazilian Special Civil Aviation Regulation – RBAC – E No. 94 (“Regulation”) for the use of unmanned aircraft.
Until the publication of the Regulation, which occurred on May 3, 2017, ANAC, society, public agencies, associations, and interested companies discussed the topic widely, including through public hearing – AP No. 13/2015 and workshop, taking into account the level of complexity and risk involved in the operations and types of equipment.
Thus, as of July 3, 2017, the requirements of: i) classification; ii) minimum age for piloting; (iii) registration; (iv) flight registration; license, clearance, and aeronautical medical certificate; v) insurance; vi) cargo transportation of the Regulation shall be applied to UAVs for recreational use (called model airplane) and for corporate, commercial or experimental use (called RPA – Remotely Piloted Aircraft), in complementation to the already existing rules of the Airspace Control Department – DECEA and the National Telecommunications Agency – ANATEL. The rules defining landing sites, minimum distance from people should also be observed.
The penalties applicable by ANAC as a result of non-compliance with the regulation are provided for in the Brazilian Aeronautical Code (Law No. 7.565/86), in the Penal Code, in the Law of Criminal Misdemeanors, and in ANAC’s Resolution No. 25/2008. The other inspection agencies (DECEA, ANATEL, and the Ministry of Defense) may also apply the sanctions that are pertinent to them.