Law No. (4) of 2020
Regulating
Unmanned Aircraft in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Federal
Law No. (3) of 1987 Issuing the Penal Code and its amendments;
Federal
Law No. (20) of 1991 Issuing the Civil Aviation Law;
Federal
Law No. (4) of 1996 Establishing the General Civil Aviation Authority and its
amendments;
Federal
Law by Decree No. (3) of 2003 Regulating the Telecommunications Sector, its
Implementing Bylaw, and their amendments;
Federal
Law No. (13) of 2007 Concerning the Commodities Subject to Import and Export
Control and its amendments;
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (9) of 2004 Concerning the Dubai International Financial Centre and its
amendments;
Law
No. (22) of 2007 Establishing the Dubai Air Navigation Services Corporation;
Law
No. (19) of 2010 Concerning the Dubai Civil Aviation Authority;
Law
No. (13) of 2011 Regulating the Conduct of Economic Activities in the Emirate
of Dubai and its amendments;
Law
No. (2) of 2012 Establishing the Dubai Aviation Engineering Projects
Corporation;
Law
No. (7) of 2015 Concerning Airspace Safety and Security in the Emirate of
Dubai;
Law
No. (10) of 2015 Concerning the Dubai Aviation City Corporation;
Law
No. (26) of 2015 Regulating Data Dissemination and Exchange in the Emirate of
Dubai;
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai;
Local
Order No. (2) of 1999 Concerning Classification and Regulation of Land Use in the Emirate of
Dubai and its amendments;
Local
Order No. (3) of 1999 Regulating Construction Works in the Emirate of Dubai and
its amendments; and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do
hereby issue this Law.
This Law will be cited as
"Law No. (4) of 2020 Regulating Unmanned Aircraft in the Emirate of
Dubai".
The following words and
expressions, wherever mentioned in this Law, will have the meaning indicated
opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab
Emirates. |
|
Emirate: |
The Emirate of
Dubai. |
|
Executive Council: |
The Executive
Council of the Emirate of Dubai. |
|
GCAA: |
The General Civil
Aviation Authority. |
|
DCAA: |
The Dubai Civil
Aviation Authority. |
|
DP: |
The Dubai Police. |
|
DANS: |
The Dubai Air
Navigation Services Corporation. |
|
Government Entity: |
This includes any
of the Government departments, public agencies or corporations, authorities
and councils affiliated to the Government of Dubai, or similar entities. |
|
Director General: |
The director
general of the DCAA. |
|
Aircraft: |
Any machine that
can derive support in the atmosphere from the reactions of the air other than
the reactions of the air against the surface of the earth, and that is
designated for civilian purposes. This includes all aerial vehicles, such as
various types of aircraft and fixed- and rotary-wing balloons. |
|
Unmanned Aircraft: |
An Aircraft
flying without a human pilot on board. This includes Radio-controlled Aircraft, Remotely
Piloted Aircraft, and Autonomous Aircraft. |
|
Radio-controlled Aircraft: |
An Unmanned
Aircraft that is controlled and steered, within the visual line of sight of
an Unmanned Aircraft Pilot, using a hand-held radio transmitter. |
|
Remotely Piloted Aircraft: |
An Unmanned
Aircraft that is controlled and steered wirelessly from a Remote Control
Station. |
|
Autonomous Aircraft: |
An Unmanned
Aircraft that is programmed to be controlled and steered autonomously. |
|
Air Routes: |
Designated routes
in the Airspace, within which the flying of Unmanned Aircraft is permitted. |
|
Airspace: |
The portion of
the atmosphere extending vertically and horizontally above the territory of
the Emirate. |
|
Airspace Safety: |
The procedures
taken by the DCAA to ensure the safety of Airspace in accordance with the
relevant recognised international standards. |
|
Controlled Airspace: |
The portion of
the Airspace that is controlled by the DANS. |
|
Airport: |
A demarcated area
on the ground, on a water body, or on top of a structure,
which
meets all relevant internationally recognised standards and requirements and which is
designated for Aircraft landing, take-off, overnight stay, and
maintenance. This includes the buildings, control towers, runways, devices,
equipment, systems, and other facilities attached to that area. |
|
Heliport: |
An area whose
coordinates are defined through signs, whether located on the ground or
installed on top of structures, on marine platforms, or on ships, which is
designated for the safe landing and take-off of helicopters, and which meets
all relevant internationally recognised standards and requirements. |
|
Prohibited Area: |
A defined portion
of Airspace
within which the conduct of Operations is prohibited. |
|
Restricted Area: |
A defined portion
of Airspace
within which the conduct of Operations is circumscribed by certain
conditions. |
|
Danger Area: |
A defined portion
of Airspace
within which risk factors, that may compromise the safety of Operations,
exist. |
|
Approved Area: |
A defined portion of
Airspace, approved by the DCAA in coordination with the DANS, within which the
conduct of Operations is permitted. |
|
Operations: |
This includes the
operation of Unmanned Aircraft and their control systems, Operation Tests,
and all Related Activities thereof. |
|
Related Activities: |
The activities
determined pursuant to a resolution of the Director General. These include,
without limitation, Operation Tests and the operation of Unmanned Aircraft
Airports. |
|
Operation Tests: |
A set of
technical procedures and processes to which an Unmanned Aircraft is subjected
in
order to verify its airworthiness and to ensure Airspace Safety. |
|
Infrastructure: |
All facilities,
utilities, and software required for operating Unmanned Aircraft, regardless of the type of
their control systems. |
|
Unmanned Aircraft Airport: |
An area designated
for the landing and take-off of Unmanned Aircraft, which is approved by
the DCAA in coordination with the DANS and the concerned entities. |
|
Person: |
A legal or
natural person. |
|
Owner: |
A Person who
owns an Unmanned Aircraft or any part thereof; the Infrastructure; an
Unmanned Aircraft Airport; or any fuel or power supply station. |
|
Operator: |
A Person
authorised by the DCAA to conduct any of the Operations, in accordance with
the provisions of this Law and the resolutions issued in pursuance hereof. |
|
Permit: |
A document issued
by the DCAA authorising a Person to use an Unmanned Aircraft or conduct any
of the Related Activities. |
|
Permit Holder: |
A Person who
obtains a Permit from the DCAA to conduct any of the Related Activities. |
|
Contractor: |
A Person who is licensed to
practise the contracting profession in accordance with the legislation in
force in the Emirate, and who is appointed to conduct any works for an Owner
or an Operator. |
|
Consultant: |
A Person who is licensed to
practise the engineering consultancy profession in accordance with the
legislation in force in the Emirate, and who provides engineering or
technical consultations for an Owner or an Operator. |
|
Unmanned Aircraft Pilot: |
A qualified
Person assigned by an Operator to operate and control an Unmanned Aircraft
throughout a flight. |
|
Controller: |
A qualified
Person assigned by an Operator to assist the pilot of a Remotely Piloted
Aircraft in safely operating it, or to supervise Autonomous Aircraft
Operations. |
|
Crew Member: |
A qualified
Person assigned by an Operator to perform any duties related to Unmanned
Aircraft systems throughout a flight. |
|
Remote Control Station: |
A set of devices
which are used for controlling a Remotely Piloted Aircraft and which form part of
its operating
system. This includes any equipment or other components used to pilot the
Remotely Piloted Aircraft. |
|
Operational Safety Certificate: |
A document issued
by the DCAA authorising an Operator to conduct Operations. |
|
Independent Safety Assessor: |
A Person
authorised by the DCAA to verify whether or not an Owner or Operator is in
compliance with the safety procedures, requirements, and conditions adopted
by the DCAA. |
|
Incident: |
Any act or
measure that is related to the operation of an Unmanned Aircraft and that may
compromise the safety of its operation or cause harm to life or property. |
|
Accident: |
An Incident that occurs as a
result of the operation of an Unmanned Aircraft and that causes harm to life or
property, or damage to the Unmanned Aircraft. |
a.
This Law applies to:
1.
all types of Unmanned Aircraft, regardless of
their use or control systems;
2.
all areas within the Emirate, including Special
Development Zones and free zones, such as the Dubai International Financial
Centre; and
3.
all individuals and public and private entities
using Unmanned Aircraft in the Emirate.
b.
This Law will not apply to the Unmanned Aircraft
used for military purposes, provided that they are operated in coordination
with the DCAA to ensure the safety of Operations and civil aviation.
This Law aims to:
1.
maintain the safety and security, and optimise the
use, of air navigation in the Emirate;
2.
regulate Unmanned Aircraft Operations in the Emirate in
accordance with the relevant best international practices;
3.
regulate the conduct of Related Activities
associated with the use of Unmanned Aircraft, and create an environment
conducive to investment in this sector;
4.
minimise the risks arising from the operation of
Unmanned Aircraft, and determine the duties and responsibilities of the
concerned entities in this respect;
5.
contribute to promoting the Emirate as a hub for
the manufacturing of Unmanned Aircraft, smart transport, and innovation in the air transport industry; and
6.
enable public and private entities to use Unmanned
Aircraft in providing their services.
For the purposes of this Law,
the DCAA will supervise the implementation of this Law and regulate Operations
and Related Activities, in accordance with the federal legislation and the
conventions and treaties to which the UAE is a party or an acceding party. For
this purpose, the DCAA will, in coordination with the concerned entities where applicable, have the duties
and powers to:
1.
determine, supervise, and control Operations and
Related Activities;
2.
supervise Unmanned Aircraft Operations in the Airspace designated to Unmanned
Aircraft;
3.
establish and adopt the conditions and procedures
required for the issuance of Permits for conducting Operations and Related
Activities, including Operation Tests;
4.
determine and adopt the Approved Areas and
altitudes within which the use of Unmanned Aircraft, and the conduct of
Operation Tests, are allowed;
5.
approve the Airspace and Air Routes within which
the flying of Unmanned Aircraft is allowed;
6.
establish and approve the qualification
requirements that must be met by Operators;
7.
establish and approve the requirements for issuing
Permits to Unmanned Aircraft Pilots, Controllers, and Crew Members; and
determine their obligations;
8.
approve the requirements and standards for the
construction of Unmanned Aircraft Airports;
9.
establish and approve the regulations and services
related to the aviation safety, security, and environment of Unmanned Aircraft
systems; and manage relevant risks;
10. issue the Permits,
approvals, and certificates required for conducting Operations and Related
Activities, in accordance with the provisions of this Law, the resolutions
issued in pursuance hereof, and the legislation in force in the Emirate;
11. issue the Permits
and approvals required for the operation of Unmanned Aircraft Airports; and
issue temporary Permits for conducting Operation Tests;
12. issue Permits to
Independent Safety Assessors in accordance with the requirements and standards
adopted by the DCAA in this respect;
13. monitor and inspect
Permit Holders to verify their compliance with the provisions of this Law and
the resolutions issued in pursuance hereof;
14. take the necessary
action and measures to protect the Airspace and ensure the safety of Operations
and Operation Tests;
15. issue the manuals
required for ensuring the safe use of Unmanned Aircraft in the Emirate; and
16. exercise any other
duties or powers required for the achievement of the objectives of this Law.
For the purposes of this Law,
the DANS will regulate the movements of Unmanned Aircraft and ensure safe and
effective navigation within the Airspace, in accordance with the federal
legislation and the conventions and treaties to which the UAE is a party or an
acceding party. For this purpose, the DANS will, in coordination with the DCAA
and the concerned entities, have the duties and powers to:
1.
determine the Airspace designated for Unmanned
Aircraft in the Emirate to enable the DCAA to supervise and manage such
Airspace; and regulate, control, and manage Unmanned Aircraft operations and
traffic therein;
2.
provide air navigation services to Unmanned Aircraft
with a view to ensuring the security and safety of air navigation traffic and
Unmanned Aircraft movements. These services include:
a.
providing the required information regarding air
traffic, Unmanned Aircraft movements, and air navigation;
b.
providing the required information regarding
weather conditions and wind direction;
c.
providing the required information regarding
Unmanned Aircraft Airports in the Emirate; and
d.
managing the equipment and systems required for the
management of Unmanned Aircraft movements within the Airspace;
3.
coordinate with the DCAA to determine and adopt the Approved Areas
and altitudes within which the use of Unmanned Aircraft, and the conduct of
Operation Tests, are allowed without compromising the Airspace Safety and
security;
4.
determine, in coordination with the DCAA, the
Airspace and Air Routes within which the flying of Unmanned Aircraft is allowed
without compromising the Airspace Safety and security;
5.
take the actions required to ensure Airspace Safety; and the safety of
Operations and Operation Tests;
6.
conduct research on development and innovation in
fields related to the management of Unmanned Aircraft movements with a view to ensuring their integration
with air navigation traffic; and
7.
exercise any other duties or powers required for
the achievement of the objectives of this Law.
For the purposes of this Law, the
Dubai Aviation Engineering Projects Corporation will have the duties and powers
to:
1.
establish the specifications, standards, and
requirements that must be met by Unmanned Aircraft Airports, and submit the
same to the DCAA for approval;
2.
develop and approve the engineering designs of the
Unmanned Aircraft Airports designated for government use, and their
stations, facilities, and Infrastructure; and supervise the construction of these Airports and
implementation of such designs;
3.
approve the engineering designs and plans of the
Unmanned Aircraft Airports designated for non-government use, and their stations,
facilities, and Infrastructure; supervise and oversee the implementation of these
designs and plans; and issue the relevant completion certificates, provided
that the designs and plans are compliant with the adopted urban planning
requirements and with the procedures for control of traffic and
transport in the Emirate;
4.
prescribe, in coordination with the concerned
entities, the standards and criteria for the pre-qualification and certification of
Contractors and Consultants engaged in the construction of Unmanned Aircraft
Airports and their stations, facilities, and Infrastructure;
5.
consider the engineering and technical obstacles
that encounter the operation of Unmanned Aircraft Airports, find appropriate
solutions for these obstacles, and submit the same to the DCAA for approval; and
6.
conduct research on engineering development and
innovation in fields related to Unmanned Aircraft Airports and Infrastructure
and their operation, and submit research findings to the DCAA to take the
relevant appropriate action.
For the purposes of this Law,
the DP will, in coordination with the DCAA, have the duties and powers to:
1.
establish and implement the security actions and
measures required to counter or prevent acts of unlawful interference
related to the use of Unmanned Aircraft;
2.
investigate crimes resulting from using Unmanned
Aircraft;
3.
establish and implement the preventive actions and
measures to be taken in case of losing control over Unmanned Aircraft, their exit from the Approved Areas or deviation from Air
Routes, or their noncompliance
with the instructions of the DCAA and concerned entities; and
4.
exercise any other security duties or powers that
are related to the protection of individuals and property against risks
pertaining to Operations and Related Activities.
The DCAA will, in coordination
and cooperation with the DP and concerned entities, evaluate and select the
systems and devices required for the protection from, and prevention of, acts of
unlawful interference related to Unmanned Aircraft in the Emirate, including countermeasures and tracking
systems and devices.
a.
No Person may pilot or use Unmanned Aircraft;
conduct Operations or Related Activities; or construct any Infrastructure or
Unmanned Aircraft Airport in the Emirate, without first obtaining the relevant
Permit from the DCAA. The resolutions issued in implementation of this Law will
determine the conditions and requirements for issuing such a Permit.
b.
When issuing the Permit referred to in paragraph
(a) of this Article, the assessment of risks resulting from the
operation of Unmanned Aircraft; the purpose of using them; the area where they will be used; and
any other considerations the DCAA deems necessary must be taken into account to ensure the
safety of air navigation and security of Operations.
a.
Unmanned Aircraft will be used in the Emirate for
conducting any of the following activities:
1.
Government activities to be conducted by Government
Entities under the legislation in force;
2.
business activities;
3.
academic and research activities;
4.
activities related to practising hobbies and air
sports; and
5.
any other activities determined by the Director
General.
b.
The Director General will issue a list of the
activities that may be conducted using Unmanned Aircraft, as stipulated in sub-paragraphs
(a)(2), (a)(3), and (a)(4) of this Article; the conditions for such use,
and
the obligations of Operators.
The
Director General will, pursuant to a resolution he issues in this respect, determine
the types and categories of the Unmanned Aircraft that may be operated in the
Emirate; and the conditions, requirements, and specifications that must be met
by these Unmanned Aircraft.
a.
No Person may design, manufacture, assemble,
modify, maintain, or inspect Unmanned Aircraft or Unmanned Aircraft systems;
develop their simulation systems; or provide training on piloting Unmanned Aircraft, without first obtaining the
relevant Permit from the DCAA.
b.
The Director General will, pursuant to a
resolution he issues in this respect, determine the conditions and requirements
that must be met, and the procedures that must be followed, for issuing the
Permit referred to in paragraph (a) of this Article. When approving these conditions and
requirements, the academic research criteria, the airworthiness of Unmanned Aircraft, and ensuring the continuity of this airworthiness,
must be taken into account.
a.
No Person may import, bring in, or sell Unmanned
Aircraft or any parts or systems thereof in the Emirate without first obtaining
the relevant Permit from the DCAA.
b.
Any Person owning an Unmanned Aircraft must
register it with the DCAA in accordance with the provisions of this Law and the
resolutions issued in pursuance hereof.
c.
The concerned entities in the Emirate must
coordinate with the DCAA to establish the procedures required for
implementation of the provisions of paragraph (a) of this Article.
d.
The Director General may, based on valid reasons and
in coordination with concerned entities, exempt certain types of Unmanned
Aircraft from compliance with the provisions of paragraphs (a) and (b) of this
Article.
a.
No Person may conduct Operations or Operation
Tests using an Unmanned Aircraft before registering it with the DCAA.
b.
No Person may use an Unmanned Aircraft, or conduct
Operation Tests thereof, unless its registration number or code,
or any other identification information prescribed by the DCAA, is clearly displayed thereon.
c.
An Owner must register the Unmanned Aircraft prior
to conducting Operations or Operation Tests, or deregister the same, in
accordance with the conditions and procedures determined pursuant to the
relevant resolution of the Director General.
The DCAA will maintain a
register of Unmanned Aircraft in which the information and data related to them, their Owners and
Operators, and any rights attached to them, are recorded. The form of the
register and the data and information that must be entered therein will be
determined pursuant to the relevant resolution of the Director General.
Unmanned
Aircraft will be controlled using any of the following systems:
1.
a radio control system, which allows the
control of Unmanned Aircraft remotely while they are within the visual
line of sight of the pilot. This system is used in Radio-controlled Aircraft;
2.
a remote control system, which allows the
control of Unmanned Aircraft remotely using a Remote Control Station. This
system is used in Remotely Piloted Aircraft; and
3.
an autonomous control system, which allows the
control of Unmanned Aircraft by pre-programming them to navigate autonomously. This
system is used in Autonomous Aircraft.
a.
No Person may operate, assist in operating, or
monitor the operation of Unmanned Aircraft or perform any work related to their operating systems
unless that Person is
qualified to do so and holds a relevant Permit from the DCAA.
b.
The Director General will, pursuant to a
resolution he issues in this respect and
based on the type of Unmanned
Aircraft and their control systems, determine the categories of, and the requirements
and procedures for issuing, the Permit referred to in paragraph (a) of this
Article for an Unmanned Aircraft Pilot, a Controller, or a Crew Member.
The DCAA will, in coordination
with the General Authority for Regulating the Telecommunications Sector,
establish the conditions, requirements, and procedures for using the radio
frequencies dedicated to Unmanned Aircraft, their systems, and Remote
Control Stations.
The Infrastructure required for
conducting Unmanned Aircraft Operations may not be established without first
obtaining the relevant Permit from the DCAA. This Permit will be issued in
coordination with the Dubai Aviation Engineering Projects Corporation and the
concerned entities as per the relevant conditions and requirements approved by
the DCAA and these entities.
No Person may establish or
operate Unmanned Aircraft Airports or make any modification thereto without
first obtaining the relevant Permit from the DCAA. This Permit will be issued in
coordination with the Dubai Aviation Engineering Projects Corporation and the
concerned entities as per the relevant conditions and requirements approved by
the DCAA and these entities.
When using Airports and Heliports,
Unmanned Aircraft Operators must comply with the relevant safety standards and
requirements prescribed by the DCAA.
No entity may supply Unmanned
Aircraft with fuel or power without first obtaining the relevant Permit from
the DCAA. This Permit will be issued in coordination with the Dubai Aviation
Engineering Projects Corporation and the concerned entities as per the relevant
conditions and requirements approved by the DCAA and these entities.
Prior to using Unmanned
Aircraft or any of their systems or operating an Unmanned Aircraft Airport, and
after completion of the establishment of Infrastructure, an Operator must apply to the DCAA to
obtain an Operational Safety Certificate. This certificate will be issued in
accordance with the relevant conditions and procedures adopted by the DCAA, and will be valid
throughout the period of operation unless it is revoked for any of the reasons
determined pursuant to the relevant resolution of the Director General.
An Operator, an Unmanned
Aircraft Pilot, a Controller, or a Crew Member, as the case may be, must:
1.
comply with the safety requirements and procedures
prescribed by the DCAA and with the instructions of the manufacturer;
2.
comply with the security requirements prescribed
by the DCAA in coordination with the DANS and concerned entities;
3.
comply with the procedures and rules for operating
Unmanned Aircraft and their systems, including pre-flight procedures as well as safety procedures
for taking off, approaching, landing, and Aircraft separation distance;
4.
ensure that Unmanned Aircraft and their systems
are in a good working condition prior to taking off; and comply with the instructions of
the manufacturer in this respect;
5.
be familiar with all details of the relevant flight
or Operation;
6.
comply with the procedures prescribed by the DCAA
for handing over the control of Unmanned Aircraft to another Unmanned Aircraft
Pilot or Controller;
7.
comply with the instructions of the DCAA and the
manufacturer in respect of operating more than one Unmanned Aircraft using a single Remote Control Station;
8.
comply with the conditions and rules prescribed by
the DCAA in respect of the load of Unmanned Aircraft;
9.
not use Unmanned Aircraft in a reckless manner;
violate any legal obligation; or take any action or conduct any activity that
may compromise the Airspace Safety and security or the safety of Persons or
property in any way or manner whatsoever;
10. ensure the provision of a third party
liability insurance to cover damage that may result from Operations or
Operation Tests, in accordance with the conditions and rules prescribed by the
DCAA in this respect;
11. ensure that the
Unmanned Aircraft Airport is suitable for conducting Operations, taking off, and
landing and that it is in compliance with the safety requirements prescribed by
the DCAA;
12. immediately suspend
Operations or Operation Tests in case of any possible danger that may
compromise the safety of aviation, Persons, or property;
13. comply with the
emergency plan approved by the DCAA in case of the breakdown of Unmanned
Aircraft or the failure of their systems, the Remote Control Stations, or the equipment used
for Operations; in case of losing connection with, or losing control over, an Unmanned Aircraft; in case of terminating flights; and in any other cases determined by the DCAA;
14. immediately notify
the DCAA upon the occurrence of any Accident, Incident, or violation of the
terms of a Permit;
15. perform periodic
maintenance of Unmanned Aircraft and their systems in accordance with the
manufacturer’s manual and other manuals adopted by the DCAA;
16. keep, for the period
prescribed by the DCAA, records of the conducted Operations and Operation
Tests, of the maintenance works
of Unmanned Aircraft
and their systems, and of any other information determined by the DCAA; and
17. comply with any
other obligations determined pursuant to the relevant resolution of the Director
General.
a.
For the purpose of operating Unmanned Aircraft,
the Airspace is divided into the following areas:
1.
Approved Areas;
2.
Prohibited Areas;
3.
Restricted Areas; and
4.
Danger Areas.
b.
The areas referred to in paragraph (a) of this
Article will be demarcated pursuant to a resolution issued by the Director
General in coordination with the concerned entities. Upon demarcating an
Approved Area, the DCAA must take into consideration the classification of this
area; its population density; the height of its buildings; its distance from
Airports, Heliports, and other sensitive facilities; and any possible
interference with civil and military air navigation operations.
c.
Operations and Operation Tests must be conducted
in Approved Areas only. Where an Unmanned Aircraft leaves an Approved Area, the
Operator, the Unmanned Aircraft Pilot, or the Controller must immediately
notify the DCAA Air Traffic Control Unit and must strictly follow its
instructions. The Operator, the Unmanned Aircraft Pilot, or the Controller must
submit a report on this Incident and the reasons therefor.
The DANS will plan the Airspace
and determine the Air Routes within which Unmanned Aircraft are allowed to fly
based on a plan issued for this purpose by the DANS and approved by the DCAA.
a.
The DCAA will, in coordination with the DANS and
concerned entities, determine the altitudes within which the conduct of
Operations and Operation Tests is allowed, provided that civilian and military air navigation operations are not
affected.
b.
The DCAA will, in coordination with the DANS,
determine the horizontal separation allowed for the conduct of Operations and
Operation Tests.
c.
When determining altitudes and horizontal
separation, the DCAA and the DANS must take into consideration the safety
distance required for the protection of individuals, property, civilian and
military Aircraft, facilities, buildings, and other Unmanned Aircraft from the
risk of collision.
a.
An Operator, an Unmanned Aircraft Pilot, or a Controller
must not leave the Airspace while conducting Operations or Operation Tests.
b.
No Unmanned Aircraft may enter the Airspace
without obtaining the relevant Permit from the DCAA.
c.
The DCAA will, in coordination with the DANS, the
GCAA, and the concerned entities in neighbouring emirates, establish the
procedures required for the implementation of the provisions of paragraphs (a)
and (b) of this Article.
a.
No Person may conduct Operations or Operation
Tests within the Controlled Airspace designated for civilian or military
Aircraft unless he is so authorised.
b.
The DCAA may, subject to the conditions and
rules prescribed by the DANS, authorise an Operator to conduct Operations
within the Controlled Airspace designated for civilian Aircraft, provided that
the air
navigation operations and safety of civilian Aircraft, and the safety of
their
passengers, are not affected.
a.
No Person may conduct Operations or Operation
Tests in Prohibited Areas, Restricted Areas, or Danger Areas.
b.
Notwithstanding the provisions of paragraph (a) of
this Article, the DCAA may, in coordination with the DP, authorise Government
Entities using Unmanned Aircraft for security, rescue, firefighting,
surveillance, or other purposes related to the public interest to operate
Unmanned Aircraft within Prohibited Areas, Restricted Areas, or Danger Areas.
When using Unmanned Aircraft within
the Airspace, an Operator, an Unmanned Aircraft Pilot, or a Controller must:
1.
obtain a permission from the DCAA prior to
conducting Operations;
2.
conduct Operations within the Approved Area and
the Air Routes specified in the Permit;
3.
obtain the approval of the DCAA prior to
conducting Operations within any Danger Area or Restricted Area;
4.
not conduct Operations or Operation Tests in
Prohibited Areas;
5.
comply with the DANS instructions in respect of
Air Traffic;
6.
comply with the instructions of the DANS and the
manufacturer when conducting Operations in bad weather conditions;
7.
comply with the altitude and horizontal separation
restrictions determined by the DCAA in coordination with the DANS and the
concerned entities;
8.
give priority in using Airspace to civilian and
military Aircraft, and to the Unmanned Aircraft used for military, security, or
government purposes;
9.
notify the DCAA immediately upon losing control over
an Unmanned Aircraft or upon
its exit from the Approved Area or deviation from the designated Air Routes;
10. avoid collision
with individuals, property, civilian and military Aircraft, facilities, buildings,
and other Unmanned Aircraft; and
11. comply with any
other obligations determined pursuant to the relevant resolution of the
Director General.
a.
Government Entities may, upon obtaining the
approval of the DCAA, use Unmanned Aircraft to provide their public services to
the society and community members and to conduct control and inspection duties in the fields assigned
to them under the legislation in force. Foremost among these services and fields are:
1.
air transport of passengers and goods;
2.
collection of Data and statistics;
3.
providing ambulance services;
4.
firefighting;
5.
monitoring road traffic;
6.
securing the events, conferences, competitions,
and sports contests that require airspace security;
7.
monitoring environmental, health, planning, and
construction violations;
8.
monitoring the Infrastructure;
9.
monitoring ports, beaches, and maritime boundaries;
10. aerial surveys; and
11. search and rescue
operations.
b.
Unmanned Aircraft will be used to provide any of
the services stipulated in paragraph (a) of this Article, in accordance with
the rules adopted by the DCAA in this respect.
a.
Competent law enforcement officers may, based on reliable information, apply
to the Public Prosecution to obtain a permission to use Unmanned Aircraft in
private places for the purposes of search, investigation, and collection of
information and data pertaining to crimes and violations.
b.
A law enforcement officer must attach to his
application for permission to use Unmanned Aircraft for surveillance purposes a
report that contains all information and investigation findings that justify applying for using the
Unmanned Aircraft within private places.
c.
A law enforcement officer using Unmanned Aircraft for surveillance
must conduct the surveillance work in person. For this purpose, he may seek
assistance from technicians where necessary.
d.
Obtaining a permission from the Public Prosecution
is not required in emergency cases that require expedited recording of traces
of crimes or where evidence is at risk of being concealed; for purposes of
catching criminals in the act; or where there is a threat to the UAE national
security and safety.
a.
The following acts are hereby deemed acts of
unlawful interference that compromise the safety of civil aviation and air
transport:
1.
unlawful seizure of Unmanned Aircraft;
2.
taking control of Unmanned Aircraft or illegally
hacking their operating systems;
3.
using Unmanned Aircraft in the preparatory acts or for committing a violation of the legislation in
force; and
4.
illegally installing any weapon or device, or placing hazardous or
prohibited substance, on board Unmanned Aircraft.
b.
Subject to legal liability, a Person is prohibited
from committing any of the acts referred to in paragraph (a) of this Article.
a.
A Person using Unmanned Aircraft must take all the
actions required for
protecting the privacy of residences and Persons; personal, commercial, and other secrets; and the
confidentiality of legally protected Data.
b.
No Person may make recordings, take photos or
videos,
or use any of the remote sensing techniques to violate the privacy of the personal or family life of an
individual; or take photos or videos of facilities, buildings,
Prohibited Areas, or Restricted Areas, without obtaining the relevant Permit
from the concerned entities.
c.
No Person may install any equipment or device to
illegally collect information or data.
The DCAA will, in coordination
with the concerned entities, establish the conditions and measures for the
protection of the environment when using Unmanned Aircraft.
Without prejudice to any
stricter penalty stipulated in any other legislation, a Person who commits any of the following
violations will be punished by imprisonment, by a fine, or by both penalties:
1.
compromising the safety and security of Airspace
in any manner whatsoever;
2.
designing, manufacturing, assembling, modifying,
or maintaining Unmanned Aircraft or their systems; or developing Unmanned Aircraft
simulation and training systems, without obtaining a Permit from the DCAA;
3.
importing, bringing in, or selling Unmanned Aircraft or
any parts or systems thereof in the Emirate without obtaining a Permit from the
DCAA; or
4.
conducting Operations or Unmanned Aircraft
Operation Tests in violation of the provisions of this Law and the resolutions
issued in pursuance hereof.
The Chairman of the Executive
Council will issue a resolution prescribing:
1.
the acts constituting violations under the
provisions of this Law and the resolutions issued in pursuance hereof;
2.
the fines and administrative penalties that must
be imposed on violators; and
3.
the conditions and limits for doubling a fine in
case of repetition of the same violation.
a.
A Person who causes damage as a result of conducting Operations
and Related Activities will be liable for compensation for that damage.
b.
A Person who causes damage must remedy the
violation that caused that damage within the time frame prescribed by the DCAA.
Where this Person fails to remedy, or delays in remedying, the violation, the
DCAA may remedy the violation by itself or by engaging any other entity; and hold the
violator liable for all costs incurred in addition to administrative charges of
twenty percent (20%) of these costs.
In return for issuing Permits
and providing other services under this Law and the resolutions issued in pursuance hereof,
the fees determined pursuant to the relevant resolution issued by the Chairman of the
Executive Council will be collected.
The DCAA may outsource any of
its duties and delegate any of its powers under this Law and the resolutions
issued in pursuance hereof to any public or private entity pursuant to an
agreement which states the rights and obligations of both parties, in
accordance with the legislation in force in the Emirate.
The employees of the DCAA and
concerned entities, and any other Person assigned by the DCAA to implement the
provisions of this Law and the resolutions issued in pursuance hereof, who are nominated pursuant
to a resolution of the Director General, will have the capacity of law enforcement
officers to record the acts committed in breach of the provisions of this Law
and the resolutions issued in pursuance hereof. For this purpose, they may
issue the necessary violation reports; and, where necessary, seek the assistance of
police personnel.
Any affected party may submit
to the Director General a written grievance against any decision, procedure, or
measure taken against him in accordance with this Law and the resolutions
issued in pursuance hereof, within thirty (30) days from the date of being
notified of the contested decision, procedure, or measure. The grievance will
be determined, within thirty (30) days of its submission, by a committee formed
by the Director General for this purpose; and the decision issued by the committee on the
grievance will be final.
The revenues collected pursuant
to this Law and the resolutions issued in pursuance hereof will be paid to the
Public Treasury of the Government of Dubai.
All Government Entities must,
each within its own jurisdiction, fully cooperate and coordinate with the DCAA
to enable it to implement the provisions of this Law and the resolutions issued
in pursuance hereof. Upon request, these entities must provide the DCAA with all support and
assistance.
a.
Neither the DCAA, nor the DANS, nor the Dubai
Aviation Engineering Projects Corporation will be liable to third parties for
any damage they may sustain as a result of conducting Operations or Related
Activities by an Operator or a Permit Holder.
b.
Neither the DCAA nor the concerned entities will
be liable to Operators, Permit Holders, or third parties for suspending Air
Traffic in the Emirate for any reasons relating to the achievement of the public interest.
With the exception of the
resolutions which the Chairman of the Executive Council is authorised to issue
under this Law, the Director General will issue the resolutions required for
implementing the provisions of this Law.
Any provision in any other
legislation will be repealed to the extent that it contradicts the provisions
of this Law.
This Law will be published in
the Official Gazette and will come into force on the day on which it is published.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued
in Dubai on 25 June 2020
Corresponding to 4 Thu al-Qidah 1441 A.H.
©2020 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.