CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (REMOTELY PILOTED AIRCRAFT SYSTEMS) REGULATIONS
(section 89)
(14th June, 2024)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary Provisions
1. Citation
2. Interpretation
3. Application
PART II
Categorization and Registration
4. Categorization or classification of RPAS
5. Eligibility for ownership of RPAS
6. Permit to import and export
7. Registration of RPAS
8. Application for registration
9. RPAS register
10. Certificate of registration
11. Change of registration or ownership particulars
12. Identification plate number required
13. De-registration
14. Airworthiness of RPAS
15. Maintenance of RPAS
16. Inspection, testing, and demonstration of compliance
17. Suspension or revocation
PART III
Operation of RPA
18. General obligation of RPAS operator
19. Authorization of RPAS operations
20. Operation in prohibited or restricted areas
21. Operation in controlled airspace
22. Hazardous operation
23. Carriage of dangerous goods
24. RPAS operating limitations
25. Daylight operation
26. Visual line of sight (VLOS) aircraft operation
27. Operation of multiple RPAS
28. Operation near aircraft; right-of-way rules
29. Operation over people
30. Pre-flight familiarization, inspection, and actions for remotely piloted aircraft operation
31. Reporting of incidents and accidents relating to RPAS operations
32. Cancellation, suspension or variation of authorization
33. Command and control
34. ATC communication
35. Operation in vicinity of aerodrome
36. Operations at aerodrome
PART IV
Commercial Operation of RPA
37. Certifications of RPAS Operations
38. ROC compliance
39. Application for RPAS Operator Certificate
40. Issuance of ROC
41. Validity and renewal of RPAS Operator Certificate
42. Amendments of ROC
43. Conducting surveillance, inspections and tests
44. Personnel required for RPAS commercial operations
45. Operations manual
46. Authorization for commercial RPAS operations
PART V
Licensing Requirements for Remote Pilots Engaged in International BVLOS Operations
47. General licensing specification
48. Student remote pilot
49. Pilot license
50. Application for remote pilot license with RPAS rating
51. Eligibility requirements for RPAS pilot license
52. Knowledge
53. Knowledge tests: General procedures and passing grades
54. Initial and recurrent knowledge tests
55. Validity of RPAS pilot license
56. License renewal
57. Requirement to re-issue lapsed remote pilot license
58. Training
59. Experience
60. Crediting of RPAS flight time
61. Instruments and equipment requirements
62. Skill
63. Privileges and conditions
PART VI
Private, Recreational and Sports RPA operations
64. Private RPAS operations
65. Training requirements for private RPAS operations
66. Competency and recency requirements
67. Recreational and sports RPAS operations
68. Skills test validity
69. Training requirements for recreational and sports RPAS operations
PART VII
Autonomous RPA
70. Use of autonomous RPAS
PART VIII
Security Requirements for RPA Operation
71. Security requirements
72. Security obligations for RPAS operators
73. Requirements for type rating
74. Privileges of type rating
75. Duration and renewal of type rating
76. Re-issue of type rating
77. Requirements for RPAS instructor rating
78. RPAS instructor training
79. RPAS instructor rating knowledge
80. Skills test for RPAS instructor
81. Experience for RPAS instructor
82. Privileges and conditions to be observed by RPAS instructor rating
83. Duration and renewal of RPAS instructor rating
84. Re-issue of RPAS instructor rating
85. RPAS instructor records
86. Record of training and aeronautical experience
87. Remote pilot examiner
88. Application for remote pilot examiner certificate
89. Knowledge for remote pilot examiner
90. Skills test for remote pilot examiner
91. Recent experience for remote pilot examiner
92. Duration and renewal of remote pilot examiner certificate
93. Validation of foreign RPA license
94. Application for validation certificate
95. Issuance of validation certificate
96. Conversion of foreign RPA license
97. Acts of unlawful interference against civil aviation
98. Security vetting for remote pilots or owner
99. Remotely piloted operator or owner's security measures
100. Notification
101. Privacy
102. Use of FSTD for acquisition of experience and demonstration of competencies
103. Authorization to conduct instruction
104. Restrictions
105. General licensing requirement
106. Student remote pilot
107. Remote pilot license
108. Application for remote pilot license
109. Knowledge tests: General procedures and passing grades
110. Knowledge or skill
111. Training
112. Experience
113. Crediting of RPAS flight time
114. Validity of remote pilot license
115. Time and place for knowledge and skills tests
PART IX
Communication Systems and Procedures Relating to Remotely Piloted Aircraft Systems C2 Link
116. Supported functions
117. Service provision
118. C2 Link service area
119. General procedures
120. Establishment, assurance and termination of C2 Link
121. Establishment and assurance of ATC Communications
122. Contingency and emergency procedures
123. Security
124. Display
125. Monitoring
126. C2 Link records
127. C2 Link systems description
128. Spectrum
129. System characteristics
130. Data transmission characteristics
131. Performance requirements
132. C2 Link communication service providers (C2CSP)
PART X
General Provisions
133. Records
134. Possession of license
135. Use of psychoactive substances
136. Drug and alcohol testing and reporting
137. Inspection of licenses, ratings and certificates
138. Change of name and address
139. Replacement of documents
140. Fees
141. Application for exemption
142. Requirements for exemption
143. Review by Authority
144. Evaluation of request
145. Open (low-risk) operations
146. Insurance
147. Reports of violation
148. Offences and penalties
149. Savings
S.I. 71, 2024.
PART I
Preliminary Provisions
These Regulations may be cited as the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations.
In these regulations unless the context otherwise requires—
"accident" means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, 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 in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—
(a) a person is fatally or seriously injured as a result of—
(i) being in the aircraft;
(ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or
(iii) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or
(b) the aircraft sustains damage or structural failure which—
(i) adversely affects the structural strength, performance or flight characteristics of the aircraft; and
(ii) would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or
(c) the aircraft is missing or is completely inaccessible—
"aerodrome" means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;
"aerodrome codes" means aerodrome reference code specified in the Civil Aviation (Aerodromes) Regulations;
"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;
"appropriate authority" means the authority having jurisdiction over the area in which the aircraft concerned is operated;
"autonomous aircraft" means an unmanned aircraft that does not allow pilot intervention in the management of the flight;
"Automatic dependent surveillance-broadcast (ADS-B)" means by which aircraft, aerodrome vehicles and other objects can automatically transmit or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;
"autonomous operation" means an operation during which a remotely piloted aircraft is operating without pilot intervention in the management of the flight;
"Beyond Visual Line-of-Sight" means an operation in which the remote pilot cannot maintain direct unaided visual contact with the remotely piloted aircraft;
"C2 Link" means the data link between the remotely piloted aircraft and the remote pilot station for the purposes of managing the flight;
"C2 Link Communication Service Provider (C2CSP)" means an entity which provides a portion of, or all of, the C2 Link service for the operation of Remotely Piloted Aircraft System(s) (RPAS);
"C2 Link coverage area" means the area in which the C2 Link service can be received including the area where Quality of Service Delivered (QoSD) does not meet the Quality of Service Required (QoSR);
"C2 Link interruption" means any temporary situation where the C2 Link is unavailable, discontinuous, introduces too much delay, or has inadequate integrity; but where the lost C2 Link decision lime has not been exceeded;
"C2 Link log" means a record of the activities related to the C2 Link;
"C2 Link service" means a communication service providing the C2 Link;
"C2 Link service area" means the area within the C2 Link coverage area where the C2 Link QoSD meets the QoSR;
"C2 Link specification" means the minimum performance to be achieved by the C2 Link equipment in conformity with the applicable airworthiness system design requirements;
"commercial operation" means any operation of an RPA, in return for is any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;
"communication link" means a digital or analogue data link to transfer voice or data between the remote crew, air traffic control, airspace users and other data users;
"continuing airworthiness" means the set of processes by which an aircraft, remote pilot station, engine, propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;
"controlled airspace" means an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;
"dangerous goods" means articles or substances which are capable of posing risk to health, safety, property or the environment and which are shown in the list of dangerous goods of the Technical Instructions or which are classified according to those instructions;
"DATA link" means the direct or indirect communication link from the remotely piloted aircraft (RPA);
"detect and avoid" means the capability to see, sense or detect conflicting traffic or other hazards and take the appropriate action;
"Extended Visual Line-of-Sight" means an operation below 400 feet above ground level in which an observer, maintains direct and unaided visual contact with the remotely piloted aircraft at a distance not exceeding 1000 m from the pilot;
"fireproof" means the capacity to withstand the application of heat by a flame for a period of 15 minutes;
"Fully Autonomous Operation" means an operation during which an unmanned aircraft is operating without intervention in the management of the flight by on-board computers;
"handover" means the act of passing piloting control from one remote pilot station to another;
"incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affect or could affect the safety of operation;
"lost C2 link decision state" means the state of the RPAS in which a C2 Link interruption has occurred, but the duration of which does not exceed the lost C2 Link decision time;
"lost C2 link decision time" means the maximum length of time permitted before declaring a lost C2 Link state during which the C2 Link performance is not sufficient to allow the remote pilot to actively manage the flight in a safe and timely manner appropriate to the airspace and operational conditions;
"lost C2 link state" means the state of the RPAS in which the C2 Link performance has degraded, as a result of a C2 Link interruption that is longer than the lost C2 Link decision time, to a point where it is not sufficient to allow the remote pitot to actively manage the flight in a safe and timely manner;
"maintenance" means the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair;
"Notional Civil Aviation Security Committee (NCASC)" means the Committee established by the Aviation Security Act;
"nominal C2 link state" means the state of the RPAS when the C2 Link performance is sufficient to allow the remote pilot to actively manage the flight of the Remotely Piloted Aircraft (RPA) in a safe and timely manner appropriate to the airspace and operational conditions;
"operational control" means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight;
"operations manual" means a manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties;
"operations specifications" means the Authorizations, conditions and limitations associated with the RPAS operator certificate and subject to the conditions in the operations manual;
"operator" means a person, organization or enterprise engaged in or offering in engage in RPAS operation;
"Payload" means all the elements of an remotely piloted aircraft system (RPAS) that are not necessary for flight but that are carried for the purpose of fulfilling specific mission objectives;
"Private operation" means the use of an remotely piloted aircraft (RPA) for an individual's personal and private purposes where there is no commercial outcome;
"prohibited area" means an airspace of defined dimensions, within which the flight of aircraft is prohibited;
"Quality of Service (QoS)" means the totality of the characteristics of an entity that bear on its ability to satisfy stated and implied needs;
"Quality of Service Delivered (QoSD)" means a statement of the QoS achieved or delivered to the RPAS operator by the C2CSP;
"Quality of Service Experienced (QoSE)" means a statement expressing the QoS that the remote pilot believes they have experienced;
"Quality of Service Required (QoSR)" means a statement of the QoS requirements of the RPAS operator to the C2CSP;
"Radio Line-of-Sight" means a direct electronic point-to-point contact between a transmitter and receiver;
"Restricted Visual Line-of-Sight" means an operation within 500 m of the remote pilot and below the height of the highest obstacle within 300 m of the remotely piloted aircraft (RPA), in which the remote pilot maintains direct unaided visual contact with the RPA to manage its flight and meet separation and collision avoidance responsibilities;
"remote crew member" means a crew member charged with duties essential to the operation of a RPAS during a flight duty period;
"remote cruise relief pilot" means a remote flight crew member who is assigned to perform remote pilot tasks during cruise flight, to allow the remote pilot-in-command to obtain planned rest;
"remote flight crew member" means a licensed crew member charged with duties essential to the operation of a RPAS during a flight duty period;
"remote pilot" means a person charged by the operator with duties essential to the operation of a remotely piloted aircraft and who manipulates the flight controls, as appropriate, during flight time;
"remote pilot-in-command" means the remote pilot designated by the operator as being in command and charged with the safe conduct of a flight;
"Remote pilot station" means the component of the RPAS containing the equipment used to pilot the remotely piloted aircraft;
"Remotely Piloted Aircraft (RPA)" means an unmanned aircraft which is piloted from a remote pilot station;
"Remotely Piloted Aircraft System (RPAS)" means a remotely piloted aircraft, its associated remote pilot station, the required command and control links and any other components as specified in the type design;
"RPAS operating manual" means a manual, acceptable to the State of the Operator, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the RPA and each associated RPS model and other material relevant to the operation of the RPAS;
"Required Communication Performance (RCP)" means a statement of the performance requirements for operational communication in support of specific ATM functions;
"Required Communication Performance type (RCP type)" means a label (e.g. RCP 240) that represents the values assigned to RCP parameters for communication transaction time, continuity, availability and integrity;
"rest period" means a continuous and defined period of time, subsequent to or prior to duty, during which remote crew members are free of all duties;
"RPA observer" means a trained and competent person designated by the operator who, by visual observation of the remotely piloted aircraft, assists the remote pilot in the safe conduct of the flight;
"RPAS operator certificate (ROC)" means a certificate authorizing an operator to carry out specified RPAS operations;
"safety" means the state in which risks associated with aviation activities, related to, or in direct support of the operation of aircraft, are reduced and controlled to an acceptable level;
"Secondary Surveillance Radar (SSR)" means a surveillance radar system which uses transmitters/receivers (interrogators) and transponders;
"Service Level Agreement (SLA)" means the agreement between the C2CSP and the RPAS operator covering the safety, performance, service area and security of the C2 Link provision as required for the RPAS operator's intended operations;
"State of Manufacture" means the State having jurisdiction over the organization responsible for the final assembly of the aircraft;
"State of Registry" means the State on whose register the aircraft is entered;
"State of the Operator" means the State in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent residence;
"switchover" means the act of transferring the active datalink path between the RPS and the RPA from one of the links or networks that constitutes the C2 Link to another link or network that constitutes the C2 Link;
"Visual Line-of-Sight (VLoS) operation" means an operation in which the remote pilot or RPA observer maintains direct unaided visual contact with the remotely piloted aircraft; and
"Visual Meteorological Conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima.
These regulations shall apply to all persons operating or maintaining a RPAS registered in Botswana wherever they may be and any RPAS operating in Botswana.
PART II
Categorization and Registration
4. Categorization or classification of RPAS
(1) RPAS shall be categorized or classified by weight and usage.
(2) There shall be three classes of RPAS, namely—
(a) Class 1: that weigh 5 kilograms and below including any payload carried by the RPAS;
(b) Class 2: that weigh more than 5 kilograms but less than 25 kilograms including any payload carried by the RPAS; and
(c) Class 3: that weigh 25 kilograms and above including any payload carried by the RPAS.
(3) There shall be three categories of RPAS namely—
(a) Category A: utilised for recreational and sports purposes only;
(b) Category B: utilised for private activities excluding recreational and sports purposes; and
(c) Category C: utilised for commercial activities
|
|
Cat. A |
Cat. B |
Cat. C |
|
Class 1 |
IA |
1B |
1C |
|
Class 2 |
2A |
2B |
2C |
|
Class 3 |
Note: can be Authorized but shall have to comply with airworthiness certification, continuing airworthiness, operations, instruments, pilot licensing and Air Traffic Management. |
3B |
3C |
5. Eligibility for ownership of RPAS
A person shall be eligible to own a RPAS if he or she is—
(a) a citizen of Botswana;
(b) lawfully resident in Botswana;
(c) a company incorporated in Botswana under the Companies Act and having its principal place of business in Botswana, or
(d) the Government of the Republic of Botswana.
6. Permit to import and export
(1) A person shall not import a RPAS or a component of the RPAS unless obtained from Authorized supplier or vendor Authorized by the Authority.
(2) A person who intends to export a Botswana registered RPAS shall notify the Authority in writing and obtain a deregistration certificate.
(1) A person shall not operate a remotely piloted aircraft within Botswana unless the remotely piloted aircraft has been registered by the Authority and a certificate of registration has been issued in accordance with these Regulations.
(2) A remotely piloted aircraft shall acquire Botswana nationality when registered under these Regulations.
(3) The Authority shall, where it is satisfied that an RPA meets the requirements for registration, register the RPA and issue a certificate of registration to the person in whose names the RPA is registered.
(4) The Authority shall establish and implement a system for registration and identification of a RPAS in Botswana.
(5) An RPA shall not be registered or continue to be registered in Botswana if it appears to the Authority that—
(a) the RPA is registered outside Botswana and that such registration does not cease by operation of law upon the RPA being registered in Botswana;
(b) an unqualified person holds any legal or beneficial interest by way of ownership or to any share in the RPA;
(c) the RPA could more suitably be registered in some other State;
(d) it would be inexpedient in the public interest for the RPA to be or to continue to be registered in Botswana; or
(e) the applicant or any person who holds any legal or beneficial interest by way of ownership or to any share in the RPA has been convicted of an aviation safety or security related offence.
8. Application for registration
(1) An owner of RPA shall submit an application for registration of RPA to the Authority.
(2) An owner of RPA shall submit to the Authority—
(a) an application Form set out in the Schedule to these Regulations about the remotely piloted aircraft and contact information for the remotely piloted aircraft owner;
(b) evidence of ownership (such as a bill of sale);
(e) the registration fee as set out in the Fees Schedule;
(d) documents required for security vetting; and
(e) any other documents as required by the Authority.
The Authority shall establish and maintain a remotely piloted aircraft register containing the following particulars—
(a) the number of the certificate;
(b) the registration mark assigned to remotely piloted aircraft by the Authority;
(e) the name of the manufacturer and the manufacturer's designation of the remotely piloted aircraft;
(d) the serial number of the remotely piloted aircraft;
(e) the name and address of the owner;
(f) entry date; and
(g) the use or conditions with regard to which remotely piloted aircraft is registered.
10. Certificate of registration
(1) The Authority shall register a remotely piloted aircraft by assigning registration number and issue to the owner where the applicant meets the registration requirements, a certificate of registration in the Sixth Schedule, which shall include the particulars specified in the Civil Aviation (National and Registration Marks) Regulations and the date on which the certificate was issued.
(2) The certificate of registration issued under sub-regulation (1) shall not be transferable.
(3) An RPA certificate of registration shall be carried by the operator of RPA at all times during the operation of the RPA.
(4) A registered owner or operator shall present a certificate of registration for inspection upon request from the Authority.
11. Change of registration or ownership particulars
(1) A person who is the registered owner of an RPAS shall notify the Authority in writing within 14 days—
(a) before the change in the particulars which were furnished to the Authority at the time of making application for the registration of the RPAS;
(b) of the destruction of the RPAS or its permanent withdrawal from use; and
(c) in the case of the RPAS registered in pursuance of regulation 7(3), the termination of the lease, charter or hire-purchase agreement.
(2) A person who becomes an owner of the RPAS registered in Botswana shall inform the Authority in writing.
(3) The Authority may, where it appears necessary or appropriate, or for purposes of updating the register correct or amend the particulars entered on the register.
(4) For purposes of this regulation a reference to the registered owner of the RPAS includes, in the case of a deceased person, a reference to his or her legal representative and in the case of a body corporate which has been dissolved, its successor.
12. Identification plate number required
An owner or operator of an RPAS shall affix to each remotely piloted aircraft registered in Botswana an identification plate number which shall be—
(a)* engraved or stamped with the nationality and registration marks, names and address of the registered owner;
(b)** made of stainless steel or other fireproof material of suitable physical properties; and
(c)*** secured to the RPA in a prominent position.
(1) The Authority may de-register the registration of a RPAS under the following circumstances—
(a) upon application of the RPAS owner; or
(b) upon destruction of the RPAS or its permanent withdrawal from use.
(2) The Authority shall, before de-registering the RPAS, require the registered owner to—
(a) return to the Authority the certificate of RPAS registration;
(b) settle any liens or encumbrances attached to the RPAS;
(c) remove all nationality and registration marks assigned to the RPAS; and
(d) comply with any such other conditions as the Authority may specify.
(1) An RPAS owner or operator shall ensure that all its components are in working order and in accordance with the manufacturers' user manual.
(2) The Authority may require a RPAS of a certain class and category with a type certificate to obtain a certificate of airworthiness.
(3) Where a certificate of airworthiness is required, the application shall be made in accordance with the procedure specified by the Authority.
(4) The Authority may, where the applicant meets all the requirements of this regulation, issue a certificate of airworthiness for the RPAS in Form E as specified in Fifth Schedule.
(5) An RPAS certificate of airworthiness shall be valid for a period of 12 months from the date of issue, or such shorter duration as may be specified by the Authority, unless suspended or revoked.
(6) An application for renewal of an RPAS certificate of airworthiness shall be made in accordance with the procedure established by the Authority.
An owner or operator of an RPAS shall—
(a) maintain the RPAS in a condition for safe operation;
(b) inspect the RPAS prior to flight to determine that the system is in a condition for safe operation; and
(c) keep a log book of all the checks performed before and after each flight operation.
16. Inspection, testing, and demonstration of compliance
(1) The Authority shall have unrestricted access to—
(a) a remote pilot license with a remotely piloted aircraft rating;
(b) a certificate of registration for the RPAS being operated; and
(c) any other document, record, or report required to be kept by a remote pilot or owner of a remotely piloted aircraft under these Regulations.
(2) A remote pilot, or owner of a RPAS shall, upon request, allow the Authority to make oversight activities of the RPAS, the remote pilot, and facilities and equipment, to determine compliance with these Regulations.
(1) The Authority may, in the interest of safety and security revoke or suspend a certificate, approval, Authorization, exemption or such other document of a person who contravenes any provision of these Regulations.
(2) The Authority may, if it considers it to be in the public interest, suspend provisionally, pending further investigation, any license, certificate, approval, permission, exemption. Authorization or such other document issued, granted or having effect under these Regulations.
(3) The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and if it considers it to be in the public interest, revoke, suspend, or vary any license, certificate, approval, permission, exemption. Authorization or other document issued or granted under these Regulations.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.