PHILIPPINE CIVIL AVIATION REGULATIONS
REMOTELY PILOTED AIRCRAFT SYSTEM PROVISIONS
PCAR Part 11
Aerial Work and Operating Limitations for Non-Type Certificated Aircraft
11.11 REMOTELY PILOTED AIRCRAFT SYSTEM
- This Subpart applies to both commercial and non-commercial operations of a Remotely Piloted Aircraft.
11.11.2 GENERAL RPA OPERATIONS
- A person must not operate a RPA over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.
- Subject to sub-regulations (c) and (d), a person operating a powered RPA must ensure that, while the RPA is in flight, or is landing or taking off, it stays at least 30 meters away from anyone not directly associated with the operation of the RPA.
- Sub-regulation (b) is not contravened if a person stands behind the RPA while it is taking off.
- Sub-regulation (b) is also not contravened if, as part of a RPA flying competition, a RPA is flown within 30 meters of a person who is judging a RPA flying competition.
11.11.3 RPA RESTRICTED AREAS OF OPERATION
- No person may operate RPA within the following envelope unless prior approval has been granted by the Authority:
- 400ft Above Ground Level (AGL);
- 10 km radius from the Aerodrome Reference Point (ARP);
- The RPA shall stay clear of populated area unless prior approval has been granted by the Authority.
- In considering whether to give an approval under this paragraph (b), the Authority may take into account:
- the degree of redundancy in the RPAs critical systems;
- any fail-safe design characteristics of the RPA; and
- the security of its communications and navigation systems.
- Before giving an approval under paragraph (b), the Authority must be satisfied that the person who intends to operate the RPA will take proper precautions to prevent the proposed flight from being dangerous to people and property.
- No person may operate an RPA in a controlled or prohibited airspace unless authorized by the Authority.
11.11.4 RPA CONTROLLER CERTIFICATE
- No person may use an RPA in commercial operation unless he or she has obtained an RPA Controller Certificate as prescribed in PCAR Part 2; 2.13.
- No person may use Large RPAs in non-commercial operation unless he or she has obtained an RPA Controller Certificate as prescribed in PCAR Part 2; 2.13.
11.11.5 REQUIREMENT FOR CERTIFICATE OF REGISTRATION AND SPECIAL CERTIFICATE OF AIRWORTHINESS
- All RPAs used for commercial operations are required to be registered with the Authority regardless of weight.
- Non-commercial Large RPA shall be duly registered with the Authority.
- RPAs with a gross weight of 150kgs and above are required to obtain a Special Certificate of Airworthiness (SCA) or an Experimental Certificate (EC) in accordance with PCAR Part 5.
11.11.6 REMOTELY PILOTED AIRCRAFT FOR COMMERCIAL OPERATION
This Subpart applies to the commercial operation of a Remotely Piloted Aircraft.
18.104.22.168 RPAS OPERATOR CERTIFICATE
22.214.171.124 PRE-APPLICATION REQUIREMENTS
- An applicant for an RPAS Operator Certificate shall submit the following documents with the Authority:
- A Letter of Intent.
- Duly accomplished Pre-application Statement of Intent (PASI) Form for RPA operator certificate which shall include:
- details of:
- the applicant’s structure and organization;
- its staff and their qualifications and experiences (including, in particular, the names, qualifications, experiences, duties and functions of the persons who are to be the applicant’s chief RPA controller and maintenance controller);
- its facilities and equipment;
- its practices and procedures; and
- a general description of the proposed operations, including the type or types of RPA to be used.
- The application shall be accompanied by a copy of each of the applicant’s manuals relevant to the operation of RPA s.
- If the Authority reasonably needs more information about the applicant, or a document, to arrive at a decision whether to certify the applicant as a RPA operator, it may ask the applicant in writing for the information or a copy of the document.
- The Authority may refuse to consider, or cease considering, the application until the applicant furnishes the information or copy of the document.
126.96.36.199 APPLICATION REQUIREMENTS
- No person may operate an RPA for commercial operations unless the person holds an RPAS Operator Certificate.
- The applicant for RPAS Operator Certificate must hold the following documents:
- User’s Manual issued by the Manufacturer;
- RPA Insurance/Third Party Liability (TPL);
- Special Certificate of Airworthiness (if applicable); and
- RPA Certificate of Registration issued by the Authority.
188.8.131.52 ELIGIBILITY FOR ISSUANCE OF AN RPAS OPERATOR CERTIFICATE
- No person is eligible to be a RPA Operator Certificate Holder unless:
- the person has an organization and structure that is appropriate for safe operation of RPAs;
- the person has enough qualified and experienced personnel to undertake the proposed operations safely;
- the person has facilities and equipment appropriate to carry out the proposed operations using RPAs of the type to be used;
- the person has suitable practices and procedures to conduct operation; and
- the person has nominated suitable persons as chief RPA controller and maintenance controller.
- Two or more persons cannot be certified jointly as a RPA operator.
184.108.40.206 CONDITIONS ON RPAS OPERATOR CERTIFICATE
- It is a condition of the certification of a person as a RPA operator that he/she:
- maintains within its organization a position of chief RPA controller having at least the functions and duties of a chief controller.
- employs as its chief RPA controller a person who is certified as a RPA controller and who is competent to carry out those duties and perform those functions; or
- has an arrangement with another qualified and competent person to carry out those functions and duties; and
- If the RPA operator operates more than 1 RPA, the chief RPA controller must carry out the duties and functions as such on a full-time basis.
220.127.116.11 LIMITATIONS ON RPAS OPERATOR CERTIFICATE
- The Authority may impose limitations on the certification of a person as a RPA operator in the interest of air navigation safety, to include but not limited to the following:
- Allow the person to operate only a specific kind/s or type of RPAs; or
- Allow the person to operate RPAs only for specified purposes; or
- Limit the areas where the person may operate RPA s; or
- Allow the person to operate RPAs only in VMC;
- Requiring the RPA to stay within a specified area or visual line of sight (VLOS) unless authorized to conduct Beyond Visual Line of Sight (BVLOS);
- BVLOS operations may be allowed by the Authority provided the RPA is equipped with the following accessories:
- Detect and avoid system capability;
- Global Positioning System (GPS) device; and
- Homing device
- Limiting the extent of operation of the RPA at night or in conditions other than VMC, by requiring, but not limited to, the installation of anti-collision light and navigation and position light; and
- If the person is certificated as a commercial operator, the proposed operation would not contravene any condition of the certification, the Authority may approve the proposed operation, but may impose limitations as above-mentioned.
18.104.22.168 RPAS OPERATOR CERTIFICATE AND OPERATIONS SPECIFICATION:
- The RPAS Operator Certificate shall contain the following:
- Name of operator
- Name of accountable person
- Operator address
- Operator contact details
- Validity of certificate
- Certificate control number
- The RPAS Operator Certificate shall be accompanied by an Operations Specifications containing the following:
- Name of operator
- Operator contact information
- RPA model
- RPA registry number
- Type of operation
- Area of operation
- Special authorization
22.214.171.124 VALIDITY OF RPAS OPERATOR CERTIFICATE
- An RPAS Operator Certificate issued by the Authority is effective for a period of five (5) years from date of issuance and remains valid until:
- The Authority amends, suspends, revokes or otherwise terminates the certificate;
- The operator surrenders it to the Authority.
126.96.36.199 RPAS OPERATOR CERTIFICATE NOT TRANSFERABLE
- RPAS Operator Certificate is not transferable.
188.8.131.52 SHOW CAUSE NOTICE TO RPAS OPERATOR CERTIFICATE HOLDER
- The Authority may give a show cause notice to an RPA Operator Certificate Holder if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the approval under Subpart 184.108.40.206.
- A show cause notice must:
- tell the holder of the facts and circumstances that, in the Authority’s opinion, would justify the cancellation of the RPAS Operator Certificate under Subpart 220.127.116.11; and
- invite the operator to show in writing, within a reasonable time stated in the notice, why the RPAS Operator Certificate should not be cancelled.
- A show cause notice may state that the RPAS Operator Certificate is suspended if the Authority reasonably considers that there may be a serious risk to the safety of air navigation if the approval were not suspended.
- If a show cause notice states that the RPAS Operator Certificate is suspended, the certification is suspended from when the notice is given to the holder.
- The Authority may at any time revoke the suspension.
- If the approval is suspended and the Authority has not dealt with it under Subpart 18.104.22.168 within 90 days after the day it is suspended, the suspension lapses at the end of that period.
22.214.171.124 CANCELLATION OF RPAS OPERATOR CERTIFICATE
- The Authority may cancel RPAS operator certificate by written notice to the operator, if:
- The Authority has given to the operator a show cause notice under Subpart 126.96.36.199 in relation to it; and
- The Authority has taken into account any representations made, within the period stated in the notice, by or on behalf of the operator; and
- there are reasonable grounds for believing that:
- the operator has operated a RPA in contravention of these Regulations or of a condition of the authorization; or
- an employee of the operator has operated a RPA negligently or carelessly; or
- an employee of the operator, in operating a RPA, has recklessly endangered human life or property.
- If the Authority has given a show cause notice under PCAR Part 11, Subpart 188.8.131.52 to RPAS Operator Certificate Holder, and it decides not to cancel the approval, the Authority shall:
- inform the operator in writing of the decision; and
- revoke the suspension, if the RPAS Operator Certificate is suspended.
184.108.40.206 CANCELLATION AT REQUEST OF HOLDER
- The Authority may cancel RPAS Operator Certificate if asked to do so in writing by the operator.
- The cancellation takes effect upon issuance by the Authority of such order cancelling the RPAS Operator Certificate.
11.11.7 REMOTELY PILOTED AIRCRAFT FOR NON-COMMERCIAL OPERATIONS
- This Subpart applies to the Remotely Piloted Aircrafts operated for sport and recreational purposes.
220.127.116.11 VISIBILITY FOR OPERATION OF RPA
- An RPA Controller doing non-commercial operations may operate an RPA only within VLOS.
18.104.22.168 OPERATING AN RPA AT NIGHT
- All RPA Controllers doing non-commercial operations are prohibited to operate an RPA at night unless authorized by the Authority.
22.214.171.124 RPAs FLYING DISPLAY/AIR SHOW
- No person or entity may conduct an RPA Flying Display or Air Show unless duly authorized by the Authority and complies with the following:
- Pre-approved area of operations
- At least sixty (60) calendar days before the display somebody is nominated as the organizer of the display;
- At least sixty (60) calendar days before the display the organizer shall provide the Authority with the following information:
- his name, address and telephone number;
- the proposed program of flying
- where the display will be held, and how big the intended flying field is;
- how many spectators are expected, and where they will be
- that said organizer ensures:
- having regards to the events making up the display, proper precautions are taken for the safety of the participants and spectators; and
- the RPA controllers participating in the display are competent to carry out each manoeuver safely.
- CAAP may impose conditions on the conduct of RPA flying display or air show if in the circumstances the condition is reasonably necessary in the interest of aviation safety. (per Memorandum Circular no. 29-15, series of 2015)