<p>Title：<span style="white-space:pre"> </span>Civil Aviation Act CH</p><p>Amended Date：<span style="white-space:pre"> </span>2018-04-25</p><p>Effective Date ：Article 99-9~99-19、118-1~118-3，Enforced from 2020-03-31</p><p><br></p><p>Article 2 <span style="font-size: 1.5rem;">The terms used in this Act are defined as below:</span></p><p>17) “Aircraft Accident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, in which a person, either within or without the aircraft, is fatally or seriously injured or the aircraft sustains substantial damage or structural failure, is missing or completely inaccessible.</p><p>18) “Aircraft serious incident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons aboard have disembarked, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, which almost result in an accident.</p><p></p><p>19) “Aircraft incident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until disembarkation of all those on board, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, other than what happen in the preceding two items.</p><p>Chapter 9-2 DRONE</p><p>Article 99-9</p><p>This chapter applies to the flight activities of drone in the open space outside of the buildings.</p><p>The owner or operator of the drone shall be responsible for the operation safety, risk management and regulatory compliance in connection therewith.</p><p>Upon the occurrence of the flight safety related event involving drone, the owner or operator thereof shall report such event to CAA.</p><p>Article 99-10</p><p>Registration of drone shall be required for the drone with maximum takeoff weight exceeding 250g owned by the natural person, and for the drone owned by the government agencies (institutions), schools or legal persons. The registration number shall be displayed on a conspicuous part of the drone, and the drone above of a certain weight shall be equipped with radio frequency identification functions during the flight.</p><p>The operator of the drones shall only operate the drone after passing the examination and being issued the operator certificate by the CAA provided:</p><p>1)Drones owned by government agencies (institutions), schools or legal persons;</p><p>2)Drones with maximum takeoff weight exceeding certain weight; and</p><p>3)Drones as announced by CAA.</p><p>Article 99-11</p><p>Design, manufacture and alteration of drones shall apply to CAA for inspection. Drone Inspection Certificate shall be issued in case that CAA’s certification thereof is completed with satisfactory outcome inspect. Drones that are imported from overseas shall pass the inspection or be validated by CAA. Drones with simple construction which are approved or announced by CAA may be exempted from inspection or validation.</p><p>CAA shall prescribe measure relating to the preceding inspection on the drone. The technical specifications which are generally used in international practices and are deemed suitable for use, can be adopted after CAA approval.</p><p>Article 99-12</p><p>Foreigner who holds document of drone which about registration, operation and inspection issued by foreign government may operate pursuant to the provisions in this chapter after being validated and granted by CAA.</p><p>Article 99-13</p><p>Drone flight activities shall be prohibited within the prohibited area and restricted area, and at a certain distance from the boundary of an airport or airfield. The distance from the boundary of an airport or airfield shall be announced by CAA.</p><p>For the area outside of the preceding paragraph prohibited or restricted areas and the altitude not exceeding 400 feet above the ground level, municipal and county (city) governments may, in considering public interest and safety needs, announce the permitted area, time and other administrative items for drone activities. However, where the central government agency deems it necessary to prohibit or restrict drone flight activities, it may direct the municipal and county (city) governments of the relevant area to make public announcement thereof, and the relevant municipal and county (city) governments shall follow such direction accordingly.</p><p>Government agencies (institutions), schools or legal persons who engage in the drone flight activities to perform duties within the area set forth in paragraph 1 shall apply to CAA, which shall consult relevant supervisory authority, for approval.</p><p>Government agencies (institutions), schools or legal persons who engage in the drone flight activities to perform duties outside of the area, time and other administrative items set forth in paragraph 2 shall apply to the relevant municipal and county (city) government, which shall consult relevant supervisory authority at central government level, for approval.</p><p>Any drone that enters into the prohibited or restricted area set forth in paragraph 1 without permission shall be terminated or excluded by the administrator of the prohibited or restricted area with appropriate measures. Where necessary, CAA may be notified to enforce punitive procedures in conjunction with the police agency.</p><p>Any drone that enters into certain distance from the boundary of an airport or airfield set forth in paragraph 1 without permission shall be imposed enforcement measures by the operator or administrator of the airport or airfield in conjunction with the Aviation Police Bureau. Where necessary, relevant authorities may be notified to assist in the enforcement.</p><p>Any drone that enters into the area not in compliance with the permitted area, time and other administrative items set forth in paragraph 2 without permission shall be imposed enforcement measures by the relevant municipal and county (city) government. Where necessary, police agency may be notified to assist in the enforcement. However, where any drone enters into the municipal or county (city) government area without permission, the relevant municipal or county (city) government may take appropriate measures to terminate or exclude such drone.</p><p>Article 99-14</p><p>Operation of drone flight activities shall comply with the following rules:</p><p>1)The actual flight altitude of drone shall not exceed 400 feet above the ground level or sea level;</p><p>2)Dropping or spraying of any item from drone is prohibited;</p><p>3)Loading the dangerous goods set forth in Article 43, paragraph 3 is prohibited;</p><p>4)Restriction on the operations set forth in Article 99-17 shall apply;</p><p>5)No activity is allowed above the crowd or outdoor assembly and parade;</p><p>6)No flight activity is allowed between sunset and sunrise;</p><p>7)Operation shall be within the visual range; no tool shall be used to extend the distance of flight operation except corrective lens;</p><p>8)The operator shall not control two or more drones at the same time;</p><p>9)The operator shall monitor the flight and the surrounding conditions of the drone at all times;</p><p>10)The drone shall avoid approaching or colliding with other aircraft, building or obstacles.</p><p>Government agencies (institutions), schools or legal persons may apply to CAA with relevant documents for approval for exemption of restrictions set forth in 1) through 8) in the preceding paragraph.</p><p>The government agencies (institutions), schools or legal persons in the preceding paragraph shall apply to CAA for approval before engaging in the drone flight activities; where the flight operation involves the restriction in 5) of paragraph 1, consent by the relevant municipal and county (city) government of the activity site and relevant supervisory authority at government level shall be obtained in advance.</p><p>Article 99-15</p><p>Where casualty, bodily injury or damage to property occurs as a result of operating an drone, its owner shall be liable for compensation regardless of whether such accident is due to willful action or negligence. Owner of the drone shall also be liable for damages caused by force majeure. The same also applies to damages caused by falling or dropping of objects from the drone.</p><p>The owner and operator of the drone shall be jointly liable for damages mentioned in the preceding paragraph if the owner of the drone has allowed a third party to operate such drone.</p><p>Government agencies (institutions), schools or legal persons shall purchase liability insurance for the compensation amount mentioned in Article 93, paragraph 1 before engaging in the activities set forth in paragraph 3 of the preceding article.</p><p>Article 99-16</p><p>For the purposes of performing official duties including disaster prevention and rescue, inspection, investigation and corrective measures by government agencies, when operating drone flight activities within a certain distance from the boundary of an airport or airfield set forth in Article 99-13, paragraph 1, or within the area not in compliance with the permitted area, time and other administrative items set forth in Article 99-13, paragraph 2, shall be exempted from the restrictions set forth in Article 99-13, paragraphs 3 and 4 when granted by CAA.</p><p>For the purposes of performing official duties including disaster prevention and rescue, inspection, investigation and corrective measures, government agencies, when engaging in the activities set forth in items 2) through 8) in Article 99-14, paragraph 1, shall be exempted from the restrictions set forth in Article 99-14, paragraph 3 when granted by CAA.</p><p>Article 99-17</p><p>The classification, registration (revoke), identification of radio frequency, inspection, validation, maintenance and examination, test flight, limitation of operators’ age, physical check-up and issuance of operator certificate, qualification for flight activity application, equipment and approval procedures, restriction on operation, permission of activities, fees and charges, registration and responsibilities of manufacturers and importer, handling and notification of Flight safety-related event and other regulatory items in respect of drones shall be enacted by the MOTC.</p><p>Article 99-18</p><p>CAA may delegate the agency (institute), group or individual to perform the business of registration, inspection, validation and examination on operators of drones; rules governing the qualifications, responsibility, supervision and other relevant items of the above designees shall be enacted by the MOTC.</p><p>Article 99-19</p><p>The provisions set forth in Article 99 shall apply to drone.</p><p>Article 118-1</p><p>In the event that the owner or operator of the drone commits any of the following, CAA shall revoke the operator certificate thereof and impose a fine from NT$300,000 to NT$1,500,000, and may confiscate the drone:</p><p>1)Violation of Article 99-13, paragraph 1, for flight activities within the prohibited area and restricted area, and at a certain distance from the outer boundary of an airport or airfield;</p><p>2)Violation of Article 99-14, paragraph 1, item 1), for flight altitude exceeding 400 feet above the ground level or sea level.</p><p>Article 118-2</p><p>In the event that the owner or operator of the drone commits any of the following, CAA shall ban the activity thereof and impose a fine from NT$60,000 to NT$300,000, and may, in serious cases, confiscate the drone:</p><p>1)Violation of Article 99-10, paragraph 2, for operating drone without operator certificate;</p><p>2)Violation of Article 99-15, paragraph 3, for operating drone without insurance or without sufficient coverage in the liability insurance.</p><p>In the event that the owner or operator of the drone commits any of the following, CAA shall ban the activity thereof and impose a fine from NT$30,000 to NT$150,000, and may, in serious cases, confiscate the drone:</p><p>1)Violation of Article 99-10, paragraph 1, in respect of registration of drone or display of registration number;</p><p>2)Violation of Article 99-13, paragraph 2, in respect of the permitted area, time and other administrative items announced by municipal and county (city) governments;</p><p>3)Violation of Article 99-14, paragraph 1, item 2) through 10), in respect of the rules to be followed in the drone flight activities.</p><p>The penalties set forth in this Article shall be imposed by municipal and county (city) governments, except for violation of Article 99-13, paragraph 1 or Article 99-14, paragraph 1, item 1, the penalty of which shall be imposed by CAA.</p><p>Article 118-3</p><p>Any person who violates of Article 99-17, for identification of radio frequency, inspection, validation, maintenance and examination, qualification for flight activity, responsibilities of manufacturers and importer, handling and notification of Flight safety-related event and other regulatory, CAA shall ban the activity thereof and impose a fine from NT$10,000 to NT$150,000, and may, in serious cases, confiscate the drone.</p>
Release date：2019/10/16