What qualifications are needed to fly a drone?

Drones are increasingly being used to design or inspect the installation of a photovoltaic system. But, for anyone who flies them, it is necessary to follow some rules.

Operators of drones weighing up to 250 g are considered licensed, without the need to have a document issued by the ANAC (National Civil Aviation Agency) as long as they do not intend to use equipment for flights above 400 feet.

However, registration of these aircraft with a maximum take-off weight exceeding 250 g is mandatory.

According to ANAC, licenses and qualifications are mandatory only for pilots operating unmanned aircraft in classes 1 (maximum take-off weight of more than 150 kg), 2 (more than 25 kg and up to 150 kg) or class 3 (up to 25 kg) that intend to fly above 400 feet.

Remote pilots of class 1 and 2 unmanned aircraft must also have the CMA (Aeronautical Medical Certificate) issued by ANAC or the third class CMA from DECEA (Department of Airspace Control).

According to Henrique Freitas, one of those responsible for DJI in Brazil with Go Solar, from Golden Distribuidora, although drones weighing up to 250 g do not require flight registration, it does not mean that the pilot has no responsibility for what is happening. running.

“It’s like a bicycle. You don't have a license, you don't have traffic laws, but you are responsible for your actions and executions. Therefore, it is important that all operators follow the legislation of ICA 100-40 (Air Force Command Instruction)”, emphasized Freitas.

According to the expert, it is mandatory to have insurance covering damage to third parties in the operations of unmanned aircraft for non-recreational use above 250 g (except operations of aircraft belonging to entities controlled by the State).

Inspection

According to ANAC, public security bodies will monitor drones on a daily basis. Cases of infractions classified as criminal misdemeanors or crimes will be handled by these bodies.

On the part of ANAC, the inspection will be included in the continuous surveillance program and the complaints received will be administratively investigated in accordance with the sanctions provided for in the CBA (Brazilian Aeronautics Code).

Other bodies will inspect according to aspects related to their competences, such as use of air space (DECEA) and radio frequency (Anatel – National Telecommunications Agency).

Penalties provided for by ANAC

Irregularities in relation to compliance with the standard are subject to sanctions provided for in the Brazilian Aeronautics Code. ANAC may temporarily suspend operations in cases of suspicion or evidence of non-compliance with the regulations that impact the level of risk of the operation.

Penalties provided for by other bodies

The Penal Code provides for a prison sentence of two to five years for anyone who exposes their own or someone else's vessel or aircraft to danger, or performs any act tending to prevent or hinder maritime, river or air navigation.

In addition, the exposure of people to risk is typified, which provides for a prison sentence of three months to one year, or more if the crime is considered more serious, in cases where life or health is placed in direct or imminent danger. of third parties.

By law, driving an aircraft without being properly licensed can result in a simple prison sentence (15 days to three months) and payment of a fine. Practicing acrobatics or flying low, outside the area permitted by law, as well as descending the aircraft outside of places designated for this purpose, can also result in simple imprisonment and a fine.