What punishment should a drone “black fly” be punished for?

AsiaIndustrial NetNews: In recent years, with the rapid “flying” of civilian drones into the people, the “black flying” of drones is also frequently disrupting normal air order. According to the data released by the civil aviation department, in 2015, there were 4 incidents of drones interfering with civil aviation flights across the country, and 23 incidents in 2016. The drone industry is developing rapidly, and its applications in the civilian field are increasing day by day. What legal issues exist in practical application? What details do you need to pay attention to to protect your legal rights? Today, the newspaper invited a lawyer to discuss with you.

58 flights delayed due to interference by 4 drones

According to media reports, in the 3 hours on the afternoon of April 21, Chengdu Shuangliu International Airport encountered a total of 4 “black flying” drones, causing 58 flights to divert to Xi’an, Chongqing, Guiyang and Mianyang airports, 4 aircraft The plane returned, and more than 10,000 passengers were blocked and stranded at the airport. At 14:38 on the 21st, when Flights 3U8996 and 3U8360 were 23 nautical meters on both sides of the 20R runway at Shuangliu Airport, the crew found a green drone and immediately reported it to the police. The drone directly caused 13 flights to divert and 1 flight to return. At 15:40 on the 21st, the crew of MU5407 and 3U8772 found a red drone and a red and white drone at a distance of 1,100 meters from the ground. The two drones resulted in the diversion of 19 flights and the return of 2 flights. At 17:06 on the 21st, flight ZH9772 found a white drone before landing. The drone passed right under the plane. Subsequently, Chengdu Shuangliu International Airport issued a large-scale flight delay warning, and more than 10,000 passengers were stranded. The relevant person in charge of Shuangliu International Airport said that due to the interference of these four drones, Shuangliu International Airport operated overnight that night.

Lawyer Analysis

Zhao Zhiguo, a lawyer from Tianjin Junjian Law Firm, said that on January 16, the Ministry of Public Security issued an announcement for public comments on the “Public Security Administration Punishment Law of the People’s Republic of China (Revised Draft for Public Comments)”. Article 46 stipulates that, in violation of state regulations, flying unmanned aerial vehicles, powered parachutes, delta-wings and other general-purpose aircraft, aviation sports equipment at low altitudes, or lifting unmanned free balloons, tethered balloons and other lifting objects, shall be punished. Detention for not less than 5 days but not more than 10 days; if the circumstances are more serious, detention for not less than 10 days but not more than 15 days. There are not a few people who use drones. UAVs can perform very well in some fields, but this does not mean that they can be used at will. The drawbacks brought by the random launch of drones have gradually emerged. The “Administrative Measures for Civil Unmanned Aircraft System Air Traffic Management” revised and completed in 2016 stipulates the flight range of UAVs, and the “Administrative Measures” are formulated based on the “Civil Aviation Law of the People’s Republic of China”, “China Basic Flight Rules of the People’s Republic of China, General Aviation Flight Control Regulations and Civil Aviation Air Traffic Management Rules.

Article 5 of the “Administrative Measures” stipulates as follows: To carry out civil unmanned aircraft system flight activities within the airspace used by civil aviation as specified in Article 2 of these Measures, unless all the following conditions are met, it shall be reviewed by the regional administration : (1) Outside the airport clearance protection area; (2) The maximum take-off weight of civil unmanned aerial vehicles is less than or equal to 7 kg; (3) Flying within the line of sight, and the weather conditions do not affect the continuous visibility of the unmanned aerial vehicles; (4) ) flying in the daytime; (5) the flight speed is not more than 120 km/h; (6) the civil unmanned aircraft meets the relevant requirements of airworthiness management; (7) the pilot meets the relevant qualification requirements; (8) is flying The former pilot has completed the inspection of the civil unmanned aircraft system; (9) It must not affect other aspects other than flight activities, including ground personnel, facilities, environmental safety and social security; (10) The operator shall ensure that its flight The event continues to meet the above conditions. Therefore, in the above case, the drone pilot has been suspected of endangering public safety and should be punished by the relevant departments, and should also be liable for the losses caused by the passengers.

What legal issues should I be aware of when using drones?

Lawyer answers: 1. Legal issues concerning the airworthiness of UAVs: Units and individuals engaged in general aviation flight activities shall apply to the local flight control department for a flight plan before implementing the flight. The flight plan application shall be submitted before 15:00 one day before the intended flight; the flight control department shall make a decision on approval or disapproval before 21:00 one day before the intended flight, and notify the applicant. 2. UAV safety issues: The driving of UAVs may cause harm to buildings, structures, facilities and equipment, as well as human life and property. my country’s Tort Liability Law stipulates that “if a civil aircraft causes damage to others, the operator of the civil aircraft shall bear the tort liability, but can prove that the damage was caused by the victim intentionally and shall not be liable”, indicating that if the tort liability of the drone is It is strict liability, that is, highly dangerous liability. Once damage occurs, it should be liable for compensation. 3. Drones and Privacy: Drones can have personal or business privacy concerns. Many pilots use drones to take photos, which intentionally or unintentionally violates the personal privacy or business secrets of others or other business entities.

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Published on 09/04/2022