In technology-hungry Japan, exciting new uses for drones are evolving almost daily, but the airspace is governed by strict regulations.
Drone flight regulations
Drones with a combined body and battery weight of 100 grams or more are defined as “unmanned aerial vehicles” (UAVs) and are subject to regulations under Japan’s aviation law, which regulates commercial uses ranging from surveying and agricultural surveillance to infrastructure and the environment. becomes. Inspection, express delivery, disaster response, etc.
This article introduces the general regulations for commercially flying drones in Japan.
UAV registration
Toshiki Doi
fellow
Chuo Sogo Law Office
Tokyo
Phone: +81 3 3539 1877
Email address: doi_t@clo.gr.jp
According to the law, before a UAV can be used for outdoor aviation purposes, it must be registered with the Unmanned Aircraft Registry, bear a registration ID, and be equipped with remote ID capabilities.
Therefore, if you wish to use a drone classified as an unmanned aircraft in Japan, you will need to apply for registration with the Ministry of Land, Infrastructure, Transport and Tourism. Additionally, if there are any changes to certain details, you must submit a change notification within 15 days and renew your registration every three years.
airspace restrictions
In principle, permission from the Ministry of Land, Infrastructure, Transport and Tourism is required under the Civil Aeronautics Act to fly a drone in the following airspace.
Around the airport. Emergency Zone (airspace where UAV flights are normally prohibited to allow emergency aircraft operations such as police and fire services). Airspace over 150 meters above ground. and over populated areas.
Even outside the above airspace, it is prohibited to fly a drone over “important facilities” specified by the Small Unmanned Aerial Vehicles Prohibition Act (National Diet Building, Prime Minister’s Office, Supreme Court, nuclear power plants, etc.) or within approximately 300 meters of these facilities. It’s possible. Use of the facility requires consent from the facility manager and landowner, and prior notification to the prefectural public safety commission is required.
The Unmanned Aerial Vehicle Regulation Act differs from the Aviation Act in that it applies to drones weighing less than 100 grams.
flight rules
The following flight methods are prohibited under the Civil Aeronautics Act. However, methods (5) to (10) are only available if approved by the Ministry of Land, Infrastructure, Transport and Tourism.
Flying under the influence of alcohol or drugs. Flying without performing pre-flight checks (weather information, etc.). Flying without taking measures to prevent collision with other aircraft. Flights that may be a nuisance to others (sudden descent, approaching people, etc.) Night flights. Fly beyond visual range. Flying without maintaining a distance of 30 meters from people or objects. Flying over the event venue. Transport of dangerous goods; Dropping of objects.
permission or approval
“Specific flights” under the Civil Aeronautics Act refer to flights that require permission from the Ministry of Land, Infrastructure, Transport and Tourism (listed in the airspace restrictions above) or approval for specific flight methods (listed in (5) to (10) above). The permits or approvals required for a particular flight vary depending on the risk category. Flight modes are classified into three categories according to risk, and the screening criteria and rules to follow differ depending on the category. Therefore, when obtaining permission and approval from the Ministry of Land, Infrastructure, Transport and Tourism, it is necessary to determine which of the following categories the flight in question falls under.
Category I. Flights not applicable to a specific flight. No flight permit or approval procedures are required under the Civil Aviation Act. Category II. Specified flights for which immigration control measures have been taken (flights that do not pass over third parties). Category III. Certain flights without immigration control measures (flights over third parties).
“Entry control measures” refer to restricting third parties from entering the drone’s flight path.
Category II flights
If a particular flight falls within the categories on the left side of the appendix, it will qualify as a Category II flight. In such cases, access control measures such as those listed on the right side of the table will typically need to be taken and individual permits or approvals must be obtained.
Category III flights
Specified flights that do not have immigration control measures fall under Category III, and as a general rule, such flights are not permitted to operate.
However, as an exception, if a pilot with Class 1 unmanned aircraft pilot qualification conducts a flight using an unmanned aircraft that has received Class 1 airworthiness certification, permission or approval may be obtained for each flight. Flights may be permitted for as long as possible.
Radio law
Yui Mimura
fellow
Chuo Sogo Law Office
Tokyo
Phone number: +81 6 6676 8834
Email: mimura_y@clo.gr.jp
Radio waves are used for remote control of drones and for transmitting images and data from drones. When using wireless equipment to transmit and receive radio waves, a license from the Minister of Internal Affairs and Communications is usually required to open a “radio station” based on the Radio Law.
However, there are exceptions such as low-power radio stations and specified low-power radio stations that do not require a license.
Many hobby drones use unlicensed radio stations. However, in the case of industrial drones that transmit large amounts of data and images over long distances, it is necessary to use radio waves specifically designed for robots, and a radio station license is required.
Please see the Ministry of Internal Affairs and Communications’ website for a list of the main wireless communication systems expected to be used in drones, etc. in Japan.
www.tele.soumu.go.jp/j/sys/others/drone/.
land ownership
When flying a drone over a third party’s land, there are concerns that it may infringe on the rights of the landowner. According to the Civil Code, “ownership of land extends above and below the land within the scope of laws and regulations.”
However, even if you obtain permission under the Civil Aeronautics Act to fly a drone, it does not automatically exempt you from land ownership rights due to “legal restrictions.”
On the other hand, the scope of airspace covered by ownership is interpreted to be limited to the scope of the landowner’s “interests.” Therefore, the consent of the landowner is not necessarily required when flying a drone.
According to an explanation from the Cabinet Secretariat, the “scope of interest” is determined on a case-by-case basis, taking into account the specific use of the land and the presence of buildings and structures. see here).
Considering these specific circumstances, it is highly likely that landowner consent will not be required if drone flights do not interfere with land use.
foreign investment
Under the Foreign Exchange and Foreign Trade Act, when a “foreign investor” acquires shares of a Japanese company engaged in a designated industry, advance notification is required, in principle, to the Minister of Finance and the minister with jurisdiction over the industry. Masu.
If advance notification is required, investments cannot be made until 30 days have passed from the date of receipt of the notification. Regarding investments in Japanese companies that engage in manufacturing, mechanical repair, and software development related to unmanned aerial vehicles, prior notification is required when acquiring even one share of a non-listed company.
For listed companies, advance notification is required if the investment ratio is 1% or more.
Chuo Sogo Law Office PC
18th floor, Hibiya International Building, 2-2-3 Hibiya, Minato-ku, Tokyo
Uchisaiwaicho, Chiyoda Ward
100-0011 Tokyo
Phone number: 03-3539-1877
FAX: 03-3539-1878
www.clo.jp
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