商港區域特定範圍內遙控無人機飛航活動申請及管理辦法

The Regulations are established in accordance with Paragraph 3, Article 36-1 of the Commercial Port Law.

The specified scope of the Commercial Port Area referred to herein means the area announced in accordance with Paragraph 2, Article 36-1 of the Commercial Port Law.

1Only government agencies (institutions), schools, or juristic persons are allowed to apply for engaging in drone flight activities within the specified scope of the Commercial Port Area, in order to meet the needs for performance of duties, port operation and management business, policy activity promotion or public environment detection and research.

2The applicant referred to in the preceding paragraph shall submit the following documents together with the application filed with the Commercial Port Administrative Authority, Maritime and Port Bureau or agencies designated by Executive Yuan (the latter hereinafter referred to as “Designated Agencies”) for approval at least 7 days prior to the flight activities:

31. Application form for operating the drone, in the format designated separately by the Commercial Port Administrative Authority, Maritime and Port Bureau, or designated agencies.

42. Registration certificate.

53. A photocopy of the Remote Pilot License.

64. Certificate of liability insurance taken.

75. Where the flight route covers the scope specified in Paragraph 1 or Paragraph 2, Article 99-13 of the Civil Aviation Act, the applicant shall also submit the certificate of approval from the Civil Aviation Administration, municipality and county (city) government.

86. Where the flight route covers any work zone rented by port authorities and operations or state-owned or private enterprises within the Commercial Port Area, the applicant shall also submit the certificate of approval from said authorities or enterprises.

1Upon acceptance of the application referred to in Paragraph 2 of the preceding article, the Commercial Port Administrative Authority, Maritime and Port Bureau or designated agencies shall review the following issues:

21. Applicant’s eligibility and reasons for the application.

32. Time limit for the application and application documents.

43.Overview of activity, activity time and reasonableness, necessity and feasibility of flight area.

5The Commercial Port Administrative Authority, Maritime and Port Bureau or designated agencies shall notify the review result to the applicant in writing, with a carbon copy to the relevant airspace control unit and local port police force. A carbon copy of the review result rendered by the Commercial Port Administrative Authority, if any, shall also be sent to the maritime affairs center of the Maritime and Port Bureau.

1Operators shall comply with the following requirements when operating the drone:

21. Blood alcohol content shall not exceed 0.02% or when exhaling, exceed 0.1mg per liter.

32. Any impact posed by psychoactive substances resulting in impairment on one's capacity for action is forbidden.

43. No operational activities that endanger life or property are allowed.

54. The flight activities permitted under Paragraph 2, Article 3 shall be carried out pursuant to the contents of the license.

When operating the drone, operators shall keep alert to the flight and surrounding conditions of the drone, ensure that other aircraft, ultra-light vehicles, drone, ships, or obstacles are detected and avoided, and prevent the drone from approaching them and colliding with them.

1Operators shall comply with the following operational restrictions when operating the drone:

21. No racing activities involving the drone are allowed.

32. No dropping or spraying of any item from the drone is allowed.

43. Keep away from buildings, ships, petrochemical storage tanks, power facilities and any other objects that would block one's view by at least 30 meters.

5The restrictions referred to in the Subparagraphs 2 and 3 of the preceding paragraph shall not apply in the case of disaster prevention and rescue, inspection and corrective measures.

1The Commercial Port Administrative Authority, Maritime and Port Bureau or designated agencies may revoke the permit of the drone flight activities which meets any of the following circumstances:

21. Violation of the compliance requirements and operational restrictions referred to in Article 5 through 7.

32. Likelihood of affecting the on-site operations in the port area or endangering the safety in the port area.

4Where, during the flight activities, any violation of the Regulations is found in the audit conducted by the Commercial Port Administrative Authority, Maritime and Port Bureau or designated agencies together with related port authorities and licensees, the permit of the activity may be revoked.

1Where the flight activities carried out by the applicant or operator within the specified scope of the Commercial Port Area meets any of the following circumstances, the applicant or operator shall report the incident to the Commercial Port Administrative Authority, Maritime and Port Bureau or designated agencies within 2 hours:

21. Aviation occurrences of the drone defined in the Transportation Occurrences Investigation Act.

32. Occurrence of collision accidents.

43. Damage to the Commercial Port Facilities or disappearance of the drone.

The date of enforcement of the Regulations shall be determined by the Ministry of Transportation and Communications.