Legal Challenges for Drone Utilization

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 was enacted 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 Western Japan Heavy Rain last year. In the agricultural sector, a transition from large industrial unmanned helicopters to pesticide spraying by small drones has begun, and the utilization of smart agriculture is also starting in some areas.

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 came into effect on December 10.

(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 following are the basic flight methods that must be followed (Article 132-2 of the revised Civil Aeronautics Act).

(1) Flying during the daytime, (2) flying within visual line of sight (flying while relying on the aircraft's camera footage is considered beyond visual line of sight flight), (3) maintaining a distance of 30m from people or objects, (4) flying 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 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 objects on the ground or water, the drone can be flown (Proviso of Articles 132 and 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 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 dangers to important national facilities, maintain the core functions of national government and 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 beyond visual line of sight flights in manned areas." Consequently, the Public-Private Council has begun examining legal frameworks for flights over third parties in beyond visual line of sight operations.

Although examination standards for flights over third parties within visual line of sight have been established since the revised Civil Aeronautics Act came into effect, the current situation is that no drone flight permits have actually 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, the nature of land ownership rights versus airspace utilization, and other related issues.