(Adopted at the 156th Session of Shenzhen Municipal Government on January 2nd, 2019)
Chapter One General Provisions
Article 1 In order to strengthen the safety management of civil micro and light UAVs (unmanned aerial vehicles) and protect the public safety and flight safety, the Measures are hereby formulated in accordance with Civil Aviation Law of the People's Republic of China, General Flight Rules of the People's Republic of China, Regulation on the Control of General-Purpose Aviation Flight, Regulation on the Administration of Civil Airports, and other relevant laws and regulations, and in light of the actual circumstances of Shenzhen Municipality.
Article 2 These Measures shall apply to production, sales, flying, and safety management activities related to civil micro and light UAVs within the administrative areas of Shenzhen Municipality.
The production, sales, flying, and safety management activities related to other civil UAVs shall be subject to relevant laws and regulations.
Article 3 The civil UAVs mentioned herein refer to aerial vehicles that are not operated by pilots onboard but are equipped with flight control systems, except for those used for flight tasks related to military affairs, police service, and customs law enforcement, including remote-control aerial vehicles and autonomous aerial vehicles.
Micro UAVs refer to the civil remote-control aerial vehicles that are less than 0.25kg in empty weight with the altitude holding or position holding flying function and the design performance of no more than 50 meters of flight true height and no more than 40km/h of maximum flying speed, and that comply with technical requirements of micro power short-distance radio transmission equipment.
Light UAVs mentioned herein refer to the civil remote-control aerial vehicles that are no more than 4kg in empty weight, no more than 7kg in maximum takeoff weight, and no more than 100km/h of maximum level flight speed, that are capable of airspace holding complying with airspace management requirements, and that are reliable for being monitored, excluding micro UAVs.
When there is any definition and classification standard of civil UAVs stipulated by the State, such rules shall prevail.
UAVs mentioned herein include micro UAVs and light UAVs.
Article 4 The UAV management shall comply with the principles of safeguarding security, serving development, as well as coordinating and interconnecting.
Article 5 The flight control authority, civil aviation administrative authority, and air traffic control authority shall carry out management on UAVs and their flights according to law.
Article 6 Shenzhen Municipal Government shall be the centralized leadership on UAV management, clarify responsibilities of relevant departments, and establish a mechanism for information sharing, coordination, and interconnection with flight control authority, civil aviation administrative authority, and air traffic control authority, in order to coordinate with and solve major issues related to UAV management.
Article 7 The municipal public security organ shall perform the following duties:
(1) establishing a joint meeting system for UAV management, organizing and coordinating with relevant departments and units to implement responsibilities of UAV management;
(2) establishing the Shenzhen UAV Management System (hereinafter referred to as the Management System) to realize dynamic management of UAV flights, take charge of management and maintenance of the Management System, and do well in data connection with the UAV Flight Comprehensive Supervision Platform of the flight control authority;
(3) applying for delimitating to the flight control authority and promulgating the areas within Shenzhen Municipality, where the UAVs are prohibited for flying;
(4) adopting emergency measures on UAVs that are endangering the public order and public safety, organizing and coordinating with ground service authority for precaution and control, and investigating and punishing any flight activity that violates laws or rules；
(5) assisting the flight control authority, civil aviation administrative authority, and air traffic control authority in implementing UAV management.
Article 8 The municipal transportation control authority shall cooperate with the civil aviation administrative authority, air traffic control authority, and airport authority to deliminate airport obstacle restrictive surfaces and obstacle free airspace protection areas and to assist in management of obstacle free airspace.
Article 9 Before the national compulsory standards of UAVs are formulated, the municipal industry and information technology department, the municipal development and reform department, the municipal science, technology and innovation department, and other relevant industrial administration departments shall cooperate with market supervision and regulation department to coordinate with and guide the UAV production enterprises within Shenzhen municipality to formulate UAV group standards. The group standards for light UAVs shall realize such technical functions as real-name registration, coordinate setting, electronic fence, and platform access, satisfying basic function requirements stipulated by the UAV Flight Comprehensive Supervision Platform.
Article 10 The municipal market supervision and regulation department shall enhance supervision and management of UAV production and sales, and timely investigate and punish any production or sales activity that violates laws and rules.
Article 11 The municipal radio administration department shall supervise and manage the radio frequency adopted by UAVs, control panels (stations), and radio transmission equipment for anti-UAVs.
Article 12 The airport administration authority shall do well in UAV management within airport scope based on its own responsibilities.
Article 13 Industrial associations in terms of aviation, UAVs, or aerial photography shall be encouraged and supported to establish UAV industrial management system in order to strengthen self-regulation, promote knowledge of flight management and safety codes, and enhance awareness of protecting national security, public safety, and obstacle free airspace.
Chapter Two Production and Sales Management
Article 14 UAV production enterprises shall mark the UAV type on the obvious site of the external package and the body of UAV, and shall clearly present the enforced product standards.
Article 15 UAV production enterprises shall adopt relevant measures to ensure that the light UAVs could be connected to the UAV Flight Comprehensive Supervision Platform effectively during flying, and the no-fly data setting shall be valid in real time.
UAV production enterprises shall assist relevant authorities in UAV control, and provide the brands, models, independent coding, real-time flight information (such as speed, height, and track) of the UAVs, and email addresses and mobile phone numbers of the owners according to law.
Article 16 Sales of UAVs that do not comply with national compulsory standards or express enforcement standards or that is without production standard identification shall be prohibited.
Article 17 Refitting any UAV or decoding any UAV system shall be prohibited.
Tampering the UAV product marks shall be prohibited.
Chapter Three Flight Management
Article 18 Flights of any UAV that does not comply with national compulsory standards or express enforcement standards or that is without production standard identification shall be prohibited.
Unless otherwise provided herein, flying any light UAVs that could not effectively access to the UAV Flight Comprehensive Supervision Platform shall be prohibited.
The preceding two paragraphs shall not apply to any UAV flights indoors or within blocks or other enclosed spaces.
Article 19 Before any light UAV flies for the first time, it shall be registered in the UAV Real-name Registration System of civil aviation administrative authority, including the names and mobile phone numbers of its owner.
When any UAV is transferred, damaged, abolished, lost, or stolen, its owner shall timely modify or cancel the registration information.
Article 20 The UAV owner shall be encouraged to purchase third party liability insurance.
Article 21 Any unit or individual shall not intercept, capture, or destroy any UAV during a lawful flight.
For any large public activity, the administration unit of where the activity is to be held may submit an application to the municipal public security organ for delimitating relevant areas as a temporary no-fly area upon approval from the flight control authority.
Article 22 Without approval, the relative true height from ground of UAV flight used for plant protection shall not be beyond 30 meters, and the UAV shall be on top of the areas for agriculture, forestry, and husbandry.
Article 23 The rotor-wing UAVs in a level flight within 3 meters above the ground shall be equipped with propeller protection equipment in order to protect the people on the ground.
Article 24 Without approval, it is prohibited to fly micro UAVs within or in the sky of the following areas:
(1) the scope above 50 meters of true height;
(2) within the borders of airport and temporary points for taking off and landing and the scope of 3000 meters surrounding such areas;
(3) within 100 meters away from the border from Hong Kong to Shenzhen;
(4) within the prohibited military areas and the scope of 500 meters surrounding such areas; within military administrative areas, Party and government offices at municipal level and above, sites under supervision, ports, and customs supervision zones and the scope of 200 meters surrounding such areas;
(5) satellite earth stations (including measurement and control, ranging, and signal receiving), navigation stations, and other facilities that shall be specially protected in an electromagnetic environment and the scope of 1000 meters surrounding such areas, the thunder heads and the scope of 500 meters surrounding such areas;
(6) protection zones for military scientific researches, production, testing, and storage facilities and the scope of 500 meters surrounding such areas; nuclear facilities control areas equipped with Level I or Level II physical protection, large enterprises producing and storing flammable and combustible materials, and large warehouses or bases storing combustible important materials and the scope of 100 meters surrounding such areas; power plants, transformer stations, gas stations, large stations, docks, ports, and large event sites and the scope of 50 meters surrounding such areas; high-speed railways and the scope of 100 meters away from both sides; and common railways and national and provincial highways and the scope of 50 meters away from both sides;
(7) other areas that prohibit micro UAV flights according to laws and regulations.
Article 25 Without approval, it is prohibited to fly light UAVs within or in the sky of the following areas:
(1) the scope above 120 meters of true height;
(2) horizontal protection scope of protection zones for obstacle free airspaces of military airports and obstacle restrictive surfaces of civil airports;
(3) temporary points for manned aerial vehicles and large UAVs taking off and landing and the scope of 3000 meters surrounding such areas;
(4) within 500 meters away from the border from Hong Kong to Shenzhen;
(5) within the prohibited military areas and the scope of 2000 meters surrounding such areas; within military administrative areas, Party and government offices at municipal level and above, sites under supervision, ports, and customs supervision zones and the scope of 500 meters surrounding such areas;
(6) satellite earth stations (including measurement and control, ranging, and signal receiving), navigation stations, and other facilities that shall be specially protected in an electromagnetic environment and the scope of 2000 meters surrounding such areas, the thunder heads and the scope of 1000 meters surrounding such areas;
(7) protection zones for military scientific researches, production, testing, and storage facilities and the scope of 1000 meters surrounding such areas; nuclear facilities control areas equipped with Level I or Level II physical protection and the scope of 200 meters surrounding such areas; large enterprises producing and storing flammable and combustible materials and large warehouses or bases storing combustible important materials and the scope of 150 meters surrounding such areas; power plants, transformer substations, gas stations, large stations, docks, ports, and large event sites and the scope of 100 meters surrounding such areas; high-speed railways and the scope of 200 meters away from both sides; and common railways and the scope of 100 meters away from both sides; and highways and the scope of 50 meters away from both sides;
(8) Other areas that prohibit light UAV flight according to laws and regulations.
Article 26 The municipal public security organ shall, together with the civil aviation administrative authority, confirm specific areas prohibiting UAV flights according to laws, regulations, and provisions herein, and then promulgate for implementation upon approval from the flight control authority.
The civil aviation administrative authority and the municipal public security organ may delimitate any temporary no-fly area based on actual needs. When any temporary no-fly area shall be delimitated, the civil aviation administrative authority and the municipal public security department shall clearly confirm the areas and time of flying prohibition, and shall promulgate to the public upon approval from the flight control authority.
Article 27 For any UAV flight within any area without flight prohibition, the flight plan and dynamic information shall be reported to the UAV Flight Comprehensive Supervision Platform.
Article 28 For any UAV flight, distributed operation of UAV system, or UAV group flying within any no-fly area, the unit or individual using UAVs shall submit an application to the UAV Flight Comprehensive Supervision Platform in terms of airspace use, flight task, flight plan, and flying permit, and then shall carry out such flight upon approval from the flight control authority.
Article 29 The UAV operators shall comply with the following rules:
(1) abiding by relevant laws, regulations, and flight rules;
(2) taking responsibilities of the flying safety of the UAV they operate;
(3) checking the UAV status before flying;
(4) proactively avoiding from manned aerial vehicles and landing the UAV once any approaching manned aerial vehicle is found;
(5) other provisions stipulated in laws and regulations on UAV operators.
The UAV operators abovementioned refer to the pilots operating UAVs.
Article 30 The UAV operators shall guarantee the safety of UAV flights. For any emergency, they shall immediately adopt emergency measures to prevent from any accidents that will endanger the safety of people on the ground and properties. For any situation where the public safety is endangered, it shall be immediately reported to the public security organ where such situation occurs. For any accident involving civil aviation safety, it shall also be reported to the civil aviation administrative authority.
Article 31 Except for those operating any flight indoors or within such enclosed spaces as blocks, the light UAV operators shall be 8 years old or above.
Any minor who is less than 14 years old shall fly the light UAV only when accompanied by an adult.
When national rules stipulate different requirements on UAV operator's age, the national rules shall prevail.
Article 32 Any unit and individual shall not use the UAVs to disturb the normal orders of living, work, production, teaching, scientific research, and medical service of residents, public organs, groups, enterprises, and public institutions.
Article 33 The municipal public security organ shall, together with relevant authorities, formulate the emergency plan for UAV flight accidents, and shall strengthen emergency drills and improve the capability of emergency response.
Article 34 Where the public security organ finds out or receives any report about UAV flight that violates laws and regulations, it shall immediately search for the UAV's operator and owner, and urge them to stop the flight immediately.
If the UAV operator or owner refuses dissuasion, or the UAV flight violating laws and regulations endangers public order or safety, the public security organ may intercept, capture, or shoot down the UAV, or carry out any other emergency measures.
After adopting response measures, the public security organ shall transfer the UAV and its operator or owner to the competent authority for handling according to law.
Chapter Four Legal Liability
Article 35 If any UAV production enterprise violates Article 14 herein, namely that it fails to mark the UAV type on the external package and the body of UAV, or fails to express the enforced product standards, the market supervision and regulation authority shall urge it to make correction, and shall deal with it according to Product Quality Law of the People's Republic of China and Administrative Regulations of Shenzhen Special Economic Zone on Product Quality.
Article 36 If any UAV production enterprise violates Article 15 herein, namely that it fails to adopt measures to ensure that the light UAV could effectively access to the UAV Flight Comprehensive Supervision Platform, the civil aviation administrative authority shall urge it to make correction; if any damage is caused, it shall be imposed with a fine of 10,000 yuan and shall bear corresponding liabilities.
Article 37 If any unit or individual violates Article 16 herein, namely that it sells any UAV that does not comply with national compulsory standards or express enforcement standards, or is without product standard identification, the market supervision and regulation authority shall deal with it according to Product Quality Law of the People's Republic of China and Administrative Regulations of Shenzhen Special Economic Zone on Product Quality.
Article 38 If any unit or individual violates Article 17 herein, namely that it refits any UAV, decodes any UAV system, or tampers the product identification of UAV, the market supervision and regulation authority shall impose a fine of 20,000 yuan on the unit, or impose a fine of 500 yuan on the individual; for any serious situation, the unit shall be imposed with a fine of 50,000 yuan, or the individual shall be imposed with a fine of 1,000 yuan.
Article 39 If any UAV owner violates Article 19 herein, namely that it fails to register the real name in the UAV real-name registration system of the civil aviation administrative authority, the civil aviation administrative authority shall urge it to make correction and impose a fine of 1,000 yuan.
Article 40 If any UAV operator violates Article 18, 22, 24, 25, 27, and 28 herein, the public security organ shall impose a fine of 1,000 yuan; for violation of Public Security Administration Punishments Law of the People's Republic of China, it shall be handled according to the Public Security Administration Punishments Law of the People's Republic of China.
Article 41 If any UAV operator violates Article 32 herein, namely that he/she disturbs the normal orders of living, work, production, teaching, scientific research, and medical service of residents, public organs, groups, enterprises, and public institutions, the public security organ shall urge him/her to make correction and handle the situation according to the Public Security Administration Punishments Law of the People's Republic of China.
Chapter Five Supplementary Provisions
Article 42 Light UAVs produced and sold before the implementation of these Measures, which could not access to the UAV Flight Comprehensive Supervision Platform, may carry out flights within a certain period after filing to the public security organ, but shall comply with these Measures and other regulations stipulated by the flight control authority and the civil aviation administrative authority.
The specific measures for filing shall be formulated separately by the municipal public security organ.
Article 43 The UAV Flight Comprehensive Supervision Platform mentioned herein refers to the UAV flight management service platform launched by the flight control authority and the civil aviation administrative authority.
Article 44 These Measures shall become effective as of March 1st, 2019.
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