Notable Provisions Of The Regulatory Framework Governing Remotely Piloted Aircraft Systems (RPAS) In Nigeria

This article will be looking at provisions of the regulatory framework governing Remotely Piloted Aircraft Systems (RPAS) in Nigeria as outlined by the Nigerian Civil Aviation Authority (NCAA).

Applicability

The NCAA Regulations apply to certification, registration, operations, and surveillance of Remotely Piloted Aircraft Systems (RPAS).

NCAA Regulation Focus Areas

The NCAA RPAS Regulations are focused on :-

(a) The classification of RPAS

(b) Security Requirements

(c) The registration and marking of RPAS

(d) RPAS Operating Requirements

(e) RPAS Maintenance Requirements

(f) Requirement for ROC

(g) Requirement for Manufacturers

(h) Transport of Dangerous Goods

Exceptions to the NCAA Regulations

Nothing in the NCAA Regulations apply to:

(a) a control-line model aircraft (that is, a model aircraft that is constrained to fly in a circle, and is controlled in attitude and altitude, by means of inextensible wires attached to a handle held by the person operating the model); or 

(b) a model aircraft indoors; or

(c) a remotely piloted airship indoors; or

(d) a small balloon within 100 metres of a structure and not above the top of the structure; the operation of a remotely piloted balloon or a hot air balloon, or

(e) remotely piloted tethered balloon that remains below 400 feet above ground level; or

(f) a firework rocket not capable of rising more than 400 feet above ground level.

Notable Provisions of the NCAA RPAS Regulations

– A flight does not take place indoors in accordance with 21.1.1.2 of this regulations, if the building in which it takes place has the roof, or one (1) or more walls, removed.

– All RPAS classified under subsection 21.2.1.2 shall be registered by the Nigeria Civil Aviation Authority.

– a) No person may conduct private or recreational or educational or 

research RPAS operations unless:

(i) the flights are below Four Hundred feet (400 ft) AGL ;

(ii) the flights are limited to VLOS operations;

(iii) the flight are conducted outside a radius of 10 km of any aerodrome or helipad or heliport ;or as may be prescribed by the Authority or the Nigeria Airspace Management Agency;

(iv) the flights are not conducted over any congested area;

(v) the RPAS is in compliance with all relevant sections of this Part and any regulations and laws of the Federal Republic of Nigeria;.

(b) Recreational RPAS operations are forbidden in restricted, prohibited, danger areas and Special Use Areas (SUA) as published in the Nigerian Aeronautical Information Publication (AIP),

(c) Private RPAS operations and educational/research RPAS operations are forbidden in restricted, prohibited, danger areas and Special Use Areas (SUA) as published in the Nigeria Aeronautical Information Publication (AIP), without prior authorisation from the Authority and any other relevant Governmental agencies.

Definitions of Key Terms

– “Accident” means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which:

1. a) a person is fatally or seriously injured as a result of:

— being in the aircraft, or

— direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or

— direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or

1. b) the aircraft sustains damage or structural failure which adversely affects the :-structural strength, performance or flight ,characteristics of the aircraft, and

—would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or

1. c) the aircraft is missing or is completely inaccessible.

Note 1.— For statistical uniformity only, an injury resulting in death within thirty days of the date of the accident is classified, by ICAO, as a fatal injury.

Note 2.— An aircraft is considered to be missing when the official search has been terminated and the wreckage has not been located.

Note 3.— The type of unmanned aircraft system to be investigated is addressed in 5.1 of Annex – 13, NCAA Regulations— Aircraft Accident and Incident Investigation.

Note 4.— Guidance for the determination of aircraft damage can be found in Attachment E of Annex 13.

– “Aerial work” means an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction, photography,surveying, observation and patrol, search and rescue, aerial aadvertisement etc.

– “Aerodrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft.

– “Aerodrome operating minimum” means the limits of  of an aerodrome for:

1. a) take-off, expressed in terms of runway visual range and/or visibility and, if necessary, cloud conditions;

1. b) landing in 2D instrument approach operations, expressed in terms of visibility and/or runway visual range minimum descent altitude/height (MDA/H) and, if necessary, cloud conditions; and

1. c) landing in 3D instrument approach operations, expressed in terms of visibility and/or runway visual range and decision altitude/height (DA/H) as appropriate to the type and/or category of the operation.

– “Aeroplane” means a power -driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.

– “Airborne Collision Avoidance System (ACAS)” means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders.

– “Aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.

– “Aircraft category” means classification of aircraft according to specified basic characteristics, e.g. aeroplane, helicopter, glider, free balloon.

-“Air traffic’ means all aircraft in flight or operating on the manoeuvring area of an aerodrome.

Classifications of RPA

(a) RPA may be classified according to their weight as follows:

(i) Small: Greater than 250g but less than or equal to 25kg and shall be flown only within the visual line of sight of the pilot with prior authorization of the NCAA.

(ii) Medium: Greater than 25kg, but less than or equal to 150kg which shall be flown either within the VLOS of the pilot or BVLOS of the pilot with prior authorisation of the Authority.

(iii) Large: Greater than 150kg which shall be flown either within the VLOS of the pilot or BVLOS of the pilot with prior authorisation of the authority.

(b) There are three (3) main operational risk categories of RPAS:

(i) Open – these present the lowest risk and do not require prior authorization before operating the RPAS but must be registered.

(ii) Specific – these create a higher risk and require authorisation to operate the RPAS.

(iii) Certified – these require the RPAS and its operator and pilot to be certified and generally treat RPAS like manned aircraft.

Registration & Marking of RPAs

Eligibility for Registration

(a) An aircraft is eligible for registration if it is-

(1) Owned by:

(i) A citizen of Nigeria,

(ii) An individual citizen of another State who is lawfully admitted for permanent residence in Nigeria,

(iii) A corporation lawfully organised and doing business under the laws of Nigeria and the aircraft is based and primarily used in Nigeria,

(iv) A government entity of Nigeria or political subdivision thereof.

(c) No person may own, register or operate RPA with military specifications.

Registration Of RPAS

(a) No person may operate an RPAS unless the RPAS has been registered and a certificate of registration issued by the NCAA.

(b) The application for registration of RPA shall:

(1) be made in a form and manner specified by the Authority;

(2) proof of ownership (such as a bill of sale); and

(3) proof of payment of the applicable fee.

(4) End User Certificate

(c) The Authority will maintain a register of RPAS containing the information specified in these regulations.

(d) The certificate of registration is not be transferable.

(e) A foreign registered RPAS shall not operate in Nigeria unless there is proof of registration from another State or country and is authorised by the Authority.

Display of Registration Marks

(a) The registration marks shall be displayed in a form and manner prescribed by the Authority

De-Registration of RPAS Grants

(a) The Authority shall remove an aircraft from the Nigerian registry if:

(1) The owner of the RPAS does not meet the eligibility provisions of Section 21.3.1.1 of NCAA Regulations.

(2) If a holder of a valid de-registration Power of Attorney applies to the Authority for de-registration.

(3) When the holder of a Certificate of Registration, owner or lessor or his duly authorized attorney applies in writing for de-registration of the aircraft from the Nigerian Register.

(4) When the Authority is satisfied that:

(i) The aircraft is destroyed, lost or stolen and cannot be found or 

(ii) The aircraft is permanently withdrawn from use or;

(iii) The aircraft is registered in a country other than Nigeria or;

(iv) The RPAS has a Certificate of Airworthiness (if applicable); which has lapsed for 5 or more years .

(5) Where the Authority exercises its power of de-registration of an RPAS, the Certificate of Registration shall be cancelled and the entry of the aircraft in the aircraft register shall be deleted.

(6) Nothing in this section shall require the Authority to cancel the registration of an aircraft if, in its opinion, it would be inexpedient in the public interest to do so.

RPA Operators Certificates (ROCs)

No person may operate an RPA except in accordance with the terms and conditions of the ROC.

Application for RPAS Operator Certificate (ROC)

(a) An application for the issuance of an RPAS operator certificate shall be in a form prescribed the Authority with proof of payment of the prescribed fee.

(b) An application shall include:

(1) the name and address of the applicant;

(2) the details of the operation for the RPAS authorization or ROC;

(3) the applicant’s application as required by the Authority; and

(4) any other information relating to the application as may be required by the NCAA

(c) The Authority may require only those matters in paragraph (b) that the Authority considers are appropriate in the particular circumstances to be contained in the application.

ROC Features and Validity

(a) The ROC shall consist of two documents – the Certificate and the Operations Specifications in accordance with IS: 21.4.4.

(b) Contents of the ROC

(1) The ROC shall include:

(i) the State of the Operator and issuing authority;

(ii) the ROC number and its expiration date;

(iii) the RPAS operator name, trading name (if different) and address of the principal place of business;

(iv) the date of issue, signature and title of the Authority representative;

(v) the location where the contact details of operational management can be found;

(vi) the description of the types of operations authorized;

(vii) the type(s) or model(s) of RPA authorized for use; and

(viii) the authorized types of operation.

 Validity of an ROC

(1) An ROC issued by the Authority is valid for a period of five (5) years .

Issuance of ROCs

(a) The Authority may issue an ROC to a person who has applied under NCAA Regulations.

(b) When issuing an ROC under paragraph (a), the Authority may:

(1) impose requirements on the RPAS and may specify procedures to be followed by the operator of any RPA that are operated under the authority of the ROC;

(2) specify any additional conditions that the Authority considers necessary in the interest of aviation safety; and

(3) after considering the type of RPA to be used, determine that any RPA to be operated under the ROC shall display identification markings in accordance with 21.3, if the Authority considers that it is necessary in the interest of aviation safety.