Civil UAVs will be controlled, inspections will be carried out.
elchi reports that this is reflected in the proposed amendment to the Law “On Aviation”, which was discussed at today’s meeting of the Milli Majlis Committee on Economic Policy, Industry and Entrepreneurship.
According to the draft, an autonomous unmanned aerial vehicle is a civil-purpose autonomous vehicle that moves during flight through an automated control system without direct or continuous human intervention. The operator of an autonomous unmanned aerial vehicle will be a person who has the appropriate certificate, who pre-programs the flight route of the autonomous unmanned aerial vehicle and ensures the operation of the automated control system.
A remote control center will be considered a control point where the operation of the automated control system of an autonomous unmanned aerial vehicle is ensured remotely.
The operation of such aircraft will be carried out on the basis of a registration certificate and an operator certificate (and operational permit) issued by the body (institution) determined by the relevant executive authority in accordance with this Law and other normative legal acts of the Republic of Azerbaijan. An autonomous unmanned aerial vehicle can only fly in geographical zones determined by the body (institution) determined by the relevant executive authority, based on criteria approved by the body (institution) determined by the relevant executive authority.
The design and production of an autonomous unmanned aerial vehicle must meet the following requirements:
– demonstrate durability proportional to the risks that may arise in any flight condition, and comply with cybersecurity requirements;
– be safely controllable and maneuverable in any operating condition, as well as in the event of a malfunction in one or more systems;
– their engines, propellers, and other parts must be functional in all operating conditions, and reduce risks that may arise to the safety of third parties on the ground and other airspace users in case of any malfunction;
– ensure the management of any situation and emergency (incident) where there is a risk to flight safety, and ensure the safety of property.
Natural and legal persons, including branches and representative offices of foreign legal entities, must obtain a certificate in the manner established by the Law “On Transport” to act as an operator.
The operator of an autonomous unmanned aerial vehicle has the following duties:
– to monitor the operation of the automated control system during the operation of the autonomous unmanned aerial vehicle;
– to perform operational intervention (related to stopping movement) by giving instructions to the automated control system in accordance with the warnings provided by the automated control system of the autonomous unmanned aerial vehicle when weather conditions pose a threat to the operation of the autonomous unmanned aerial vehicle, when the autonomous unmanned aerial vehicle goes outside the specified geographical zones, when there is external interference with the automated control system, or when malfunctions and emergencies (incidents) occur;
– to ensure the storage and protection of data covering the last 6 (six) months related to the use of the autonomous unmanned aerial vehicle;
– to ensure the transmission of data in the automated control system of the autonomous unmanned aerial vehicle to the relevant information system of the body (institution) determined by the relevant executive authority in real-time, as well as to obtain the latest information about geographical zones and related restrictions reflected in the interactive map broadcast through that information system;
– in case of an aviation accident or incident involving an autonomous unmanned aerial vehicle, to immediately inform the body (institution) determined by the relevant executive authority for the purpose of notifying the relevant state agencies;
– to comply with the manufacturer’s instructions and operational restrictions related to geographical zones;
– to stop the operation if continuing the operation poses a threat to other aircraft, people, animals, the environment, or property.
If the operator carrying out the control of the autonomous unmanned aerial vehicle is a natural person, they themselves, and if it is a legal person, their employees who monitor the control of autonomous vehicles through an automated control system, the automated control system, and the remote control center must meet the requirements specified in the Law “On Transport”.
The owner or operator (when acting as the owner) of an autonomous unmanned aerial vehicle must ensure that the aircraft is kept in a condition compliant with the technical and software requirements set by the manufacturer, that the operator with the appropriate certificate is involved in the autonomous control of the unmanned aerial vehicle, and that operating rules, as well as procedures for intervention (related to stopping movement) in case of malfunctions and emergencies (incidents), are obtained from the manufacturer.
The owner or operator (when acting as the owner) of an autonomous unmanned aerial vehicle, or the operator engaged by them on the basis of a civil law contract, creates a remote control center (except in cases where the operation of autonomous unmanned aerial vehicles through an automated control system is carried out outside the remote control center), and the person creating the center ensures regular updating of the center’s software, provision of cybersecurity, and conducting security audits.
Flight operations of an autonomous unmanned aerial vehicle are permitted by the center for management and coordination of unmanned aerial vehicle flights, which ensures the planning and coordination of airspace use within the airspace of the Republic of Azerbaijan, the organization of air traffic, as well as control in areas where responsibility for air traffic organization is assigned to the Republic of Azerbaijan.
Autonomous unmanned aerial vehicle operations must be carried out in accordance with the conditions and restrictions of geographical zones.
In controlled airspace and aerodrome areas, autonomous unmanned aerial vehicle operations are carried out with the permission of the center for management and coordination of unmanned aerial vehicle flights. To obtain this permission from the center, the operator of the autonomous unmanned aerial vehicle must submit the following information and documents to the email address determined by the center at least 3 hours before starting the operation:
– name of the operator;
– registration certificate number of the autonomous unmanned aerial vehicle to be used;
– start and end time of the operation;
– characteristics of the operation;
– copy of the operator certificate and operational permit.
After receiving the information and documents, the center for management and coordination of unmanned aerial vehicle flights makes a decision on granting or refusing permission no later than 3 (three) hours and notifies the operator of the autonomous unmanned aerial vehicle who applied for the permission via the specified email address.
The center refuses to grant permission in the following cases:
– if incorrect information and documents are submitted;
– if it is not possible to grant permission due to weather conditions;
– if restrictions are imposed on flight operations in geographical zones.
According to the draft, control over the fulfillment of the provisions established in this law is carried out by the body (institution) determined by the relevant executive authority.
The body (institution) determined by the relevant executive authority monitors compliance with the requirements of the law by operators of autonomous unmanned aerial vehicles who have obtained an operator certificate and operational permit, in the manner established by the Law “On Regulation of Inspections in the Field of Entrepreneurship and Protection of Entrepreneurs’ Interests” (in relation to business entities) and other normative legal acts of the Republic of Azerbaijan.
Control over the civil circulation of autonomous unmanned aerial vehicles will be carried out in accordance with the Law of the Republic of Azerbaijan “On the list of items that can belong to certain participants of civil circulation and whose circulation is permitted based on a special permit (civil circulation is restricted)” and other normative legal acts.