Drones

Drones

REMINDER
OWNER OF AN UNMANNED AERIAL VEHICLE

 

The law of the Republic of Kazakhstan from July 15, 2010 № 339 "About use of airspace of the Republic of Kazakhstan and activities of aircraft"

Paragraph 66-1) article 1: unmanned aerial vehicle (hereinafter – UAV) – an aircraft flying without a pilot (crew) on Board and is controlled in flight automatically by the operator from the control room or a combination of these methods.


Article 31. Flights over a locality

  1. Аircraft flights are performed over densely populated areas of cities or towns at an altitude that ensures that, in the event of an emergency or emergency, a landing is performed that does not unduly endanger people or property on the ground, except in cases where this is necessary during take-off or landing, or an air traffic control authority permit is issued for this.
  2. The procedure for approving flights over localities, including the establishment of permanent schemes (routes) of aircraft flights over them, is determined by the rules for the use of the airspace of the Republic of Kazakhstan.
  3. During the period of security measures, flights of aircraft and UAVs over localities are coordinated with the national security bodies and the state security Service of the Republic of Kazakhstan.

Article 33. Flights of unmanned aerial vehicles

  1. The operation of UAVs should minimize the threat of harm to life or health, damage (damage) to property, and danger to other aircraft, subject to the conditions established by the Rules for the use of the airspace of the Republic of Kazakhstan and the operational documentation of the unmanned aerial vehicle.
  2. UAV Operators shall inform the air traffic services and / or air traffic control authorities of detailed data on planned UAV flights in accordance with the Rules for the use of the airspace of the Republic of Kazakhstan (see paragraph 82 of Chapter 5 of The rules for the use of the airspace of the Republic of Kazakhstan below).
  3. UAV flights over protected objects are coordinated with the State security service of the Republic of Kazakhstan.

Article 87. Compulsory insurance related to civil aviation activities

Owners (owners) and operators of aircraft, other objects and equipment of civil aviation are obliged to insure their civil liability, including to passengers and aviation personnel, as well as to the cargo owner or shipper in accordance with the requirements of the laws of the Republic of Kazakhstan on insurance.


2011 № 506 "On approval of Rules of use of airspace of the Republic of Kazakhstan"

32. The flight of aircraft over populated areas outside the established routes in order to implement measures to save life and health of people, preventing and solving crimes, also perform the aviation activities, parachute jumping, flying UAVs, tethered balloons lifts are performed at a height, ensure the implementation of these measures, with the safety of flight operations by the organizer of such flights.

Coordination of flights over localities outside the established routes, with the exception of flights related to measures to save lives and protect people's health, prevent and solve crimes, as well as flights performed within the framework of security measures of the State security service of the Republic of Kazakhstan, is made with the national security bodies and the authorized body in the field of state aviation.

During the period of security measures, flights of aircraft over localities are coordinated with the national security agencies and the State security service of the Republic of Kazakhstan at least two working days before the start of flights.

33. Aerial work, parachute jumping, flying UAVs, tethered balloons rises over the settlements performed in the presence of airspace users permissions on the Main center of air traffic control (HZ ATC) for the flight over the settlement, and notification by the airspace user of local Executive bodies of city of Republican significance


Chapter 5. Conditions of operation of unmanned aerial vehicles

82. UAV Flights for which flight plans are submitted are carried out in accordance with the specified plans. Flight plans can be submitted at the following link: websppi.ans.kz.

82-1. The UAV flight plan is not subject to referral to the air traffic services and (or) air traffic control authorities if the true altitude of the planned flight does not exceed 50 meters from the ground surface, and the flight route (planned trajectory) passes no closer than 5.5 km from the airfield fence (and in the absence of a fence – no closer than 5.5 km from the marked signs indicating the border of the airfield).

82-2. UAV and aircraft flights are performed:

1) within the boundaries of class G airspace, subject to the meteorological minimum (visibility of at least 1500 meters horizontally and the lower cloud boundary of at least 300 meters vertically);

2) in controlled airspace (except for the provisions provided for in sub-paragraphs 3) and 4) of this paragraph) - subject to the introduction of short-term restrictions by air traffic control centers in accordance with paragraph 144 of the Rules.

Short-term restrictions are not set for UAV flights in the airspace extending from the ground surface to a height of 50 meters;

3) in the control zone – the airspace extending from the ground surface to a height of 50 meters and no closer than 5.5 km from the airfield fence (and in the absence of a fence – not closer than 5.5 km from the marked signs indicating the border of the airfield), except for the performance of aviation operations and mass demonstration flights (airshows) on unmanned aerial vehicles, which are performed at all altitudes only after approval by the air traffic service authority (air traffic control), in the area of responsibility of which such an airfield is located, and subject to the introduction of short-term restrictions by air traffic control centers in accordance with paragraph 144 of the Rules;

4) in the aerodrome flight zone of an uncontrolled aerodrome located:

in class G airspace - in agreement with the aerodrome operator and after coordination with the aerodrome flight information service authority (if any);

in controlled airspace – in agreement with the aerodrome operator and the air traffic service authority (air traffic control), in the area of responsibility of which such an aerodrome is located, subject to the introduction of short-term restrictions by air traffic control centers in accordance with paragraph 144 of the Rules.

82-3. The UAV operator must not allow any cargo or animals (without a special parachute) to be dropped from the UAV in order to avoid endangering people or property.

82-4. In cases where short-term restrictions are not established by air traffic control centers, the operator responsible for the UAV must maintain direct visual contact without assistance (including without the use of optical means), sufficient to control the trajectory and location of the UAV relative to other aircraft, people, vehicles, vessels and structures in order to avoid collisions.

82-5. The UAV must not be operated:

1) during takeoff and landing – closer than 50 meters horizontally from any person (with the exception of a person operating an unmanned aerial vehicle), other vehicle, building or structure;

2) during flight – closer than 100 meters horizontally from any person (with the exception of the person operating the unmanned aerial vehicle), other vehicle, building or structure;

3) in all cases closer than 150 meters horizontally from a mass gathering of people and (or) vehicles;

4) in restricted and dangerous flight zones, restricted flight zones (with the exception of flights in the interests of persons who establish such zones). You can find information about the current restrictions by clicking on the following link: websppi.ans.kz.

82-6. When introducing short-term restrictions in controlled airspace to ensure the flight of the UAV, the conditions of its operation are stipulated.


Order of the Minister for investment and development of the Republic of Kazakhstan dated June 30, 2017 № 409 "Оn approval of the Rules for state registration of civil aircraft of the Republic of Kazakhstan, their rights, as well as forms of documents certifying their rights"(hereinafter - the Rules)

Chapter 4. Procedure for registration of unmanned aerial vehicles

  1. unmanned aerial vehicles with a maximum take-off weight of more than 1.5 kg are subject to registration.
  2. in the case of registration of an unmanned aerial vehicle, the authorized organization shall issue a certificate of registration of an unmanned aerial vehicle for a period of 5 (five) years or for the duration of the lease agreement in accordance with annex 11 to these Rules.
  3. The registration of an unmanned aerial vehicle is conducted by an authorized organization in a special journal. The registration numbers for the registration of unmanned aerial vehicles must correspond to their serial numbers in the accounting log of the unmanned aerial vehicle.

The register of registration of an unmanned aerial vehicle is maintained in accordance with annex 12 to these Rules in paper form. If there is a corresponding protected software product, the register of accounting for an unmanned aerial vehicle is maintained on electronic media with the possibility of duplication. If there is a discrepancy between paper and electronic records, paper records take priority.

  1. The term of registration and removal of an unmanned aerial vehicle from it is 30 (thirty) business days.
  2. Persons who purchase unmanned aerial vehicles for the purpose of operation, apply for registration with the authorized organization with the following documents attached:
  • 1) application form in accordance with Annex 13 to these Rules;
  • 2) a copy of the constituent document (for foreign legal entities) or an identity document (for foreign individuals);
  • 3) a copy of the contract of sale or other document confirming ownership (notarized), or a court decision;
  • 4) a copy of the lease agreement, lease, property lease, or other document confirming the right to use an unmanned aerial vehicle;
  • 5) a copy of the manufacturer's document describing the characteristics of the unmanned aircraft system (maximum take-off weight, maximum speed, maximum flight altitude, maximum flight time, control channel, flight range, control range);
  • 6) type and number of the aircraft (passport), engine and station of the external pilot (passport);
  • 7) a copy of the type certificate or equivalent document issued by the state of the developer or manufacturer of the unmanned aerial vehicle;
  • 8) certificate of exclusion of an unmanned aerial vehicle (if the unmanned aerial vehicle was registered in a foreign state) from the registration of a foreign state;
  • 9) confirmation of the applicant in any written form about the absence of military and listening equipment on the registered unmanned aerial vehicle.
  1. when removing an unmanned aerial vehicle from the register, the applicant submits to the authorized organization:
  • 1) application for de-registration of an unmanned aerial vehicle in accordance with annex 14 to these Rules;
  • 2) a copy of the constituent document (for foreign legal entities) or an identity document (for foreign individuals);
  • 3) a copy of the contract of sale or other document confirming ownership (notarized), or a court decision;
  • 4) a copy of the lease agreement, lease, property lease, or other document confirming the right to use an unmanned aerial vehicle;
  • 5) the original certificate of registration of the unmanned aerial vehicle.
  1. If the submitted documents comply, the authorized organization issues the applicant a Certificate of exclusion of the unmanned aerial vehicle from the register in accordance with annex 15 to these Rules.
  2. The bases for refusal in registration of the unmanned aerial vehicle are:
  • 1) establishing the unreliability of the documents submitted by the applicant and (or) the data (information) contained in them;
  • 2) non-compliance of the applicant and (or) the submitted materials, data and information required for issuing a certificate of registration with the conditions established by paragraph 64 of these Rules, respectively;
  • 3) in respect of the applicant, there is a court decision (sentence) that has entered into legal force on the prohibition of aviation activities or its individual types;
  • 4) in respect of the applicant, there is a court decision that has entered into legal force, on the basis of which the applicant is deprived of a special right related to obtaining a certificate of registration.

Refusal to issue a certificate of registration is made in writing within 15 (fifteen) business days from the date of receipt of the application.

  1. When the identified shortcomings are eliminated, the applicant re-applies to the authorized organization for registration of an unmanned aerial vehicle.

Law of the Republic of Kazakhstan of July 7, 2004 № 580 "Оn compulsory insurance of civil liability of owners of objects whose activities are associated with the risk of harm to third parties"

Article 3. Object of compulsory insurance of civil liability of owners of objects whose activities are associated with the risk of harm to third parties.

The object of compulsory insurance of civil liability of owners of objects whose activity is connected with risk of harm to third parties (hereinafter - compulsory insurance of liability of owners of objects), is property interest of object owner whose activity is connected with risk of harm to third parties associated with its obligation established by the civil legislation of the Republic of Kazakhstan to reimburse damage incurred to life, health and (or) property of third party by hazardous production factor.


Codex of the Republic of Kazakhstan from July 5, 2014 № 235-V

LRK "About administrative offences"

For violation of the order of use of airspace of the Republic of Kazakhstan and rules of safe operation of unmanned aircraft, the owners are liable under the Codex of the Republic of Kazakhstan from July 5, 2014 № 235-V LRK "About administrative offences".