Regulating the Ownership and Operation of Drones by Private Persons

Offer attra TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG -6 A9:54 SENATE RECEIVED BY S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT REGULATING THE OWNERSHIP AND OPERATION OF DRONES BY PRIVATE PERSONS, PRESCRIBING MECHANISMS FOR REGISTRATION, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES EXPLANATORY NOTE The usage of drones has increasingly become common in the past years. Originally built for dangerous military missions, the unmanned aircraft vehicle (UAV) has found useful commercial and recreational purposes in film production, aerial mapping (in disaster response and crowd monitoring) and surveying (for agriculture and environment protection). In other countries, remote-controlled drones were also tapped to suppress fires in high-rise buildings and forests. Further, hobbyists have employed drones to document their holiday vacations or photograph stunning natural vistas. While they have surged in popularity, so too are the risks that come with them such as mid-air collision with manned aircraft, harm to people, damage to property in particular critical and sensitive infrastructure!. There were also concerns about infringement on the right to privacy and violation of personal space. 1 https://pcieerd.dost.gov.ph/images/glad/UAVPresentation-CAAP.pdf

In a news release in June 20242, the Manila International Airport Authority (MIAA) reminded the general public to adhere to existing regulations as it "received reports of unauthorized drone activities within the 10-kilometer aerodrome radius of Ninoy Aquino International Airport (NAIA): There were ten recorded sightings of unlicensed drone operations in 2023, and four in the first quarter of 2024." MIAA further emphasized that "operating drones within this restricted radius without proper authorization poses significant safety risks, including potential collisions with aircraft, which can result in severe damage and endanger lives." This measure proposes a regulatory framework on the ownership and operation of drones by private persons and prescribes their periodic registration before the Civil Aviation Authority of the Philippines (CAAP). The bill ensures that only those with necessary competence, proficiency and experience will be allowed to fly drones in our airspace. CAAP shall also regularly update and publish safety regulations and restrictions on drone usage, including but not limited to the requirement of clear markings on drones, prohibition on flying drones near airports and vital government installations, among others. In view of the foregoing, the consideration and passage of this bill is recommended. frisest l JINGGOY EJERCITO ESTRADA 2 "MIAA Promotes Public Awareness and Compliance with Drone Regulations within NAIA Aerodrome." 25 June 2024. https://www.miaa.gov.ph/index.php/announcements/press-releases/miaa-promotes-public- awareness-and-compliance-with-drone-regulations-within-naia-aerodrome

Offier of in TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG -6 A9:54 SENATE RECEIVED B S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT REGULATING THE OWNERSHIP AND OPERATION OF DRONES BY PRIVATE PERSONS, PRESCRIBING MECHANISMS FOR REGISTRATION, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Declaration of Policy. - It is the policy of the State to regulate the

ownership and operation of drones by private persons in order to ensure responsible use thereof and public safety.

Sec. 2. Coverage. - This Act shall regulate only drones as defined herein,

purchased, owned, and operated by private persons, whether used for hobbyist or commercial purposes. The use of drones by the Government shall not be subject to this Act.

Sec. 3. Definition of Terms. - As used in this Act, the following terms shall

mean: a) Drone shall refer to an unmanned aerial vehicle (UAV) or remotely piloted aircraft (RPA), or any component of an unmanned aerial system (UAS) or remotely piloted aircraft system (RPAS), that has no pilot and is controlled by an operator on the ground. The Civil Aviation Authority of the Philippines (CAAP) is authorized by this Act to classify drones into types for the purpose of regulation.

b) Private persons shall refer to natural or juridical persons not employed by or part of the Government. c) Commercial drone use is any use of a drone in connection with the business or profession for the sake of profit, whether the profit is the primary purpose of the drone use or merely an incidental result. d) Hobbyist drone use is the use of drones for recreational purposes where no profit is made from the use of drones.

Sec. 4. Registration and Permit to Operate. - All drone owners, whether the

9 drones are for hobbyist or commercial use, are hereby required to periodically register themselves and their drones with the Civil Aviation Authority of the Philippines (CAAP)'s Public Safety and Security Command Center. Only a registered commercial drone owner may apply for a permit to operate, which shall be issued periodically only upon proof that the owner: a) Qualifies for a radio operator's certificate of proficiency; b) Has been awarded a passing rating in an aviation license theory examination; c) Has completed a training course in the operation of the type of drone that will be operated; d) Has at least five (5) hours of experience operating drones outside of controlled airspace; e) Has valid insurance over the drone; and f) Has not incurred any violations for drone ownership or use in the five (5) years immediately preceding an application for permit. The operator's permit to operate shall cover all registered drones of the same type. The CAAP is hereby authorized to collect reasonable fees for the registration of drones and processing of permits to operate the drones.

Sec. 5. Establishment of No-Drone Zones. - The CAAP is hereby authorized to

prohibit the use of drones, whether hobbyist or commercial or both, in any part of the Philippines, whether permanently or for a designated period of time, subject to notice that must be published in at least two (2) newspapers of national circulation. The notice must clearly delineate the no-drone zone and must be published at least three

1 (3) weeks prior to the effectivity of the prohibition. Notice can only be foregone in 2 emergency situations, as determined by the CAAP. This power is without prejudice to the power of other government agencies to 4 regulate airspace, particularly in emergency situations that may require the 5 establishment of no-fly zones.

Sec. 6. General Safety Regulations and Restrictions on Drone Usage. - The

7 CAAP shall periodically update and publish safety regulations and restrictions on drone 8 usage, the violation of which shall be basis for revocation of the permit to operate and 9 confiscation of the drone, without prejudice to the penalties provided in this Act and 10 any civil or criminal suits that may be filed as a result of the violation. These safety regulations and restrictions shall include: 1) Requiring all drones, whether for hobbyist or commercial use, to be clearly marked with a registration number and the name, contact number, and address of the owner; 2) Prohibiting the use of drones as a means to violate constitutional rights, including the right to privacy; 3) A prohibition on flying drones above four hundred (400) feet above ground level; 4) A prohibition on flying drones near other aircraft, particularly near airports; 5) Allowing drone operation only during daylight hours and in good weather, subject to exceptions to be crafted by the CAAP; 6) The prohibition on flying drones over groups of people, public events, public buildings and government structures, oil refineries and depots, or stadiums full of people, subject to exceptions to be crafted by the CAAP; 7) The prohibition on flying drones near emergencies, such as fires; 8) The prohibition on any person under the influence of drugs or alcohol against flying drones; 9) For recreational drone use, requiring an operator to keep the drone within the operator's line of sight; and 10)Other regulations as the CAAP may see fit to introduce in the interest of public safety, such as further restrictions on types of drones as classified by the CAAP.

Sec. 7. Importers and sellers of drones. - Imports and sellers of drones shall

periodically report to the appropriate government agencies, including the Department 3 of Trade and Industry (DTI) and the Department of Transportation (DOTr), the number of drones in their possession and inventory, and its annual sales. They shall likewise assist the government authorities in monitoring the 6 proliferation of drones, as well as the private persons in complying with the registration procedure as mandated under this Act. They shall also facilitate the dissemination of information about existing safety regulations and guidelines governing the ownership 9 and operation of drones.

Sec. 8. Penalties. - Failure to register a drone and its owner shall result in the

11 confiscation of the drone by the CAAP. Operating a drone for commercial purposes without a permit shall result in the confiscation of the drone and a fine of not less than Fifty thousand pesos (Php 50,000.00) but not mote than One hundred thousand pesos (Php 100,000.00). Any violation of the general safety regulations and restrictions on drone usage shall result in a fine of not less than One hundred thousand pesos (Php 100,000.00) but not more than Five hundred thousand pesos (Php 500,000.00), without prejudice to any separate civil or criminal charges that may be brought against the drone owner 19 and/or operator for any injury or damage resulting from the violation.

Sec. 9. Implementing Rules and Regulations. - The CAAP shall issue the

necessary rules and regulations for the effective implementation of this Act not later than sixty (60) days from the effectivity of this Act.

Sec. 10. Retroactivity Clause. - This Act shall have retroactive effect. All drone

owners who have not yet registered their drones or obtained permits to operate their drones are given three (3) months from the effectivity of the Implementing Rules and Regulations of this Act to register and obtain permits without fear of sanction.

Sec. 11. Separability Clause. - If for any reason, any provision of this Act is

declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect.

Sec. 12. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations and other issuances or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days after its

2 publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved,