CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (REMOTELY PILOTED AIRCRAFT SYSTEMS) REGULATIONS
(section 89)
(14th June, 2024)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary Provisions
1. Citation
2. Interpretation
3. Application
PART II
Categorization and Registration
4. Categorization or classification of RPAS
5. Eligibility for ownership of RPAS
6. Permit to import and export
7. Registration of RPAS
8. Application for registration
9. RPAS register
10. Certificate of registration
11. Change of registration or ownership particulars
12. Identification plate number required
13. De-registration
14. Airworthiness of RPAS
15. Maintenance of RPAS
16. Inspection, testing, and demonstration of compliance
17. Suspension or revocation
PART III
Operation of RPA
18. General obligation of RPAS operator
19. Authorization of RPAS operations
20. Operation in prohibited or restricted areas
21. Operation in controlled airspace
22. Hazardous operation
23. Carriage of dangerous goods
24. RPAS operating limitations
25. Daylight operation
26. Visual line of sight (VLOS) aircraft operation
27. Operation of multiple RPAS
28. Operation near aircraft; right-of-way rules
29. Operation over people
30. Pre-flight familiarization, inspection, and actions for remotely piloted aircraft operation
31. Reporting of incidents and accidents relating to RPAS operations
32. Cancellation, suspension or variation of authorization
33. Command and control
34. ATC communication
35. Operation in vicinity of aerodrome
36. Operations at aerodrome
PART IV
Commercial Operation of RPA
37. Certifications of RPAS Operations
38. ROC compliance
39. Application for RPAS Operator Certificate
40. Issuance of ROC
41. Validity and renewal of RPAS Operator Certificate
42. Amendments of ROC
43. Conducting surveillance, inspections and tests
44. Personnel required for RPAS commercial operations
45. Operations manual
46. Authorization for commercial RPAS operations
PART V
Licensing Requirements for Remote Pilots Engaged in International BVLOS Operations
47. General licensing specification
48. Student remote pilot
49. Pilot license
50. Application for remote pilot license with RPAS rating
51. Eligibility requirements for RPAS pilot license
52. Knowledge
53. Knowledge tests: General procedures and passing grades
54. Initial and recurrent knowledge tests
55. Validity of RPAS pilot license
56. License renewal
57. Requirement to re-issue lapsed remote pilot license
58. Training
59. Experience
60. Crediting of RPAS flight time
61. Instruments and equipment requirements
62. Skill
63. Privileges and conditions
PART VI
Private, Recreational and Sports RPA operations
64. Private RPAS operations
65. Training requirements for private RPAS operations
66. Competency and recency requirements
67. Recreational and sports RPAS operations
68. Skills test validity
69. Training requirements for recreational and sports RPAS operations
PART VII
Autonomous RPA
70. Use of autonomous RPAS
PART VIII
Security Requirements for RPA Operation
71. Security requirements
72. Security obligations for RPAS operators
73. Requirements for type rating
74. Privileges of type rating
75. Duration and renewal of type rating
76. Re-issue of type rating
77. Requirements for RPAS instructor rating
78. RPAS instructor training
79. RPAS instructor rating knowledge
80. Skills test for RPAS instructor
81. Experience for RPAS instructor
82. Privileges and conditions to be observed by RPAS instructor rating
83. Duration and renewal of RPAS instructor rating
84. Re-issue of RPAS instructor rating
85. RPAS instructor records
86. Record of training and aeronautical experience
87. Remote pilot examiner
88. Application for remote pilot examiner certificate
89. Knowledge for remote pilot examiner
90. Skills test for remote pilot examiner
91. Recent experience for remote pilot examiner
92. Duration and renewal of remote pilot examiner certificate
93. Validation of foreign RPA license
94. Application for validation certificate
95. Issuance of validation certificate
96. Conversion of foreign RPA license
97. Acts of unlawful interference against civil aviation
98. Security vetting for remote pilots or owner
99. Remotely piloted operator or owner’s security measures
100. Notification
101. Privacy
102. Use of FSTD for acquisition of experience and demonstration of competencies
103. Authorization to conduct instruction
104. Restrictions
105. General licensing requirement
106. Student remote pilot
107. Remote pilot license
108. Application for remote pilot license
109. Knowledge tests: General procedures and passing grades
110. Knowledge or skill
111. Training
112. Experience
113. Crediting of RPAS flight time
114. Validity of remote pilot license
115. Time and place for knowledge and skills tests
PART IX
Communication Systems and Procedures Relating to Remotely Piloted Aircraft Systems C2 Link
116. Supported functions
117. Service provision
118. C2 Link service area
119. General procedures
120. Establishment, assurance and termination of C2 Link
121. Establishment and assurance of ATC Communications
122. Contingency and emergency procedures
123. Security
124. Display
125. Monitoring
126. C2 Link records
127. C2 Link systems description
128. Spectrum
129. System characteristics
130. Data transmission characteristics
131. Performance requirements
132. C2 Link communication service providers (C2CSP)
PART X
General Provisions
133. Records
134. Possession of license
135. Use of psychoactive substances
136. Drug and alcohol testing and reporting
137. Inspection of licenses, ratings and certificates
138. Change of name and address
139. Replacement of documents
140. Fees
141. Application for exemption
142. Requirements for exemption
143. Review by Authority
144. Evaluation of request
145. Open (low-risk) operations
146. Insurance
147. Reports of violation
148. Offences and penalties
149. Savings
S.I. 71, 2024.
PART I
Preliminary Provisions
These Regulations may be cited as the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations.
In these regulations unless the context otherwise requires—
“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—
(a) a person is fatally or seriously injured as a result of—
(i) being in the aircraft;
(ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or
(iii) 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
(b) the aircraft sustains damage or structural failure which—
(i) adversely affects the structural strength, performance or flight characteristics of the aircraft; and
(ii) 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
(c) the aircraft is missing or is completely inaccessible—
“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 codes” means aerodrome reference code specified in the Civil Aviation (Aerodromes) Regulations;
“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;
“appropriate authority” means the authority having jurisdiction over the area in which the aircraft concerned is operated;
“autonomous aircraft” means an unmanned aircraft that does not allow pilot intervention in the management of the flight;
“Automatic dependent surveillance-broadcast (ADS-B)” means by which aircraft, aerodrome vehicles and other objects can automatically transmit or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;
“autonomous operation” means an operation during which a remotely piloted aircraft is operating without pilot intervention in the management of the flight;
“Beyond Visual Line-of-Sight” means an operation in which the remote pilot cannot maintain direct unaided visual contact with the remotely piloted aircraft;
“C2 Link” means the data link between the remotely piloted aircraft and the remote pilot station for the purposes of managing the flight;
“C2 Link Communication Service Provider (C2CSP)” means an entity which provides a portion of, or all of, the C2 Link service for the operation of Remotely Piloted Aircraft System(s) (RPAS);
“C2 Link coverage area” means the area in which the C2 Link service can be received including the area where Quality of Service Delivered (QoSD) does not meet the Quality of Service Required (QoSR);
“C2 Link interruption” means any temporary situation where the C2 Link is unavailable, discontinuous, introduces too much delay, or has inadequate integrity; but where the lost C2 Link decision lime has not been exceeded;
“C2 Link log” means a record of the activities related to the C2 Link;
“C2 Link service” means a communication service providing the C2 Link;
“C2 Link service area” means the area within the C2 Link coverage area where the C2 Link QoSD meets the QoSR;
“C2 Link specification” means the minimum performance to be achieved by the C2 Link equipment in conformity with the applicable airworthiness system design requirements;
“commercial operation” means any operation of an RPA, in return for is any operation of an aircraft, in return for remuneration or other valuable consideration, which is available to the public or, when not made available to the public, which is performed under a contract between an operator and a customer, where the latter has no control over the operator;
“communication link” means a digital or analogue data link to transfer voice or data between the remote crew, air traffic control, airspace users and other data users;
“continuing airworthiness” means the set of processes by which an aircraft, remote pilot station, engine, propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;
“controlled airspace” means an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;
“dangerous goods” means articles or substances which are capable of posing risk to health, safety, property or the environment and which are shown in the list of dangerous goods of the Technical Instructions or which are classified according to those instructions;
“DATA link” means the direct or indirect communication link from the remotely piloted aircraft (RPA);
“detect and avoid” means the capability to see, sense or detect conflicting traffic or other hazards and take the appropriate action;
“Extended Visual Line-of-Sight” means an operation below 400 feet above ground level in which an observer, maintains direct and unaided visual contact with the remotely piloted aircraft at a distance not exceeding 1000 m from the pilot;
“fireproof” means the capacity to withstand the application of heat by a flame for a period of 15 minutes;
“Fully Autonomous Operation” means an operation during which an unmanned aircraft is operating without intervention in the management of the flight by on-board computers;
“handover” means the act of passing piloting control from one remote pilot station to another;
“incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affect or could affect the safety of operation;
“lost C2 link decision state” means the state of the RPAS in which a C2 Link interruption has occurred, but the duration of which does not exceed the lost C2 Link decision time;
“lost C2 link decision time” means the maximum length of time permitted before declaring a lost C2 Link state during which the C2 Link performance is not sufficient to allow the remote pilot to actively manage the flight in a safe and timely manner appropriate to the airspace and operational conditions;
“lost C2 link state” means the state of the RPAS in which the C2 Link performance has degraded, as a result of a C2 Link interruption that is longer than the lost C2 Link decision time, to a point where it is not sufficient to allow the remote pitot to actively manage the flight in a safe and timely manner;
“maintenance” means the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair;
“Notional Civil Aviation Security Committee (NCASC)” means the Committee established by the Aviation Security Act;
“nominal C2 link state” means the state of the RPAS when the C2 Link performance is sufficient to allow the remote pilot to actively manage the flight of the Remotely Piloted Aircraft (RPA) in a safe and timely manner appropriate to the airspace and operational conditions;
“operational control” means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight;
“operations manual” means a manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties;
“operations specifications” means the Authorizations, conditions and limitations associated with the RPAS operator certificate and subject to the conditions in the operations manual;
“operator” means a person, organization or enterprise engaged in or offering in engage in RPAS operation;
“Payload” means all the elements of an remotely piloted aircraft system (RPAS) that are not necessary for flight but that are carried for the purpose of fulfilling specific mission objectives;
“Private operation” means the use of an remotely piloted aircraft (RPA) for an individual’s personal and private purposes where there is no commercial outcome;
“prohibited area” means an airspace of defined dimensions, within which the flight of aircraft is prohibited;
“Quality of Service (QoS)” means the totality of the characteristics of an entity that bear on its ability to satisfy stated and implied needs;
“Quality of Service Delivered (QoSD)” means a statement of the QoS achieved or delivered to the RPAS operator by the C2CSP;
“Quality of Service Experienced (QoSE)” means a statement expressing the QoS that the remote pilot believes they have experienced;
“Quality of Service Required (QoSR)” means a statement of the QoS requirements of the RPAS operator to the C2CSP;
“Radio Line-of-Sight” means a direct electronic point-to-point contact between a transmitter and receiver;
“Restricted Visual Line-of-Sight” means an operation within 500 m of the remote pilot and below the height of the highest obstacle within 300 m of the remotely piloted aircraft (RPA), in which the remote pilot maintains direct unaided visual contact with the RPA to manage its flight and meet separation and collision avoidance responsibilities;
“remote crew member” means a crew member charged with duties essential to the operation of a RPAS during a flight duty period;
“remote cruise relief pilot” means a remote flight crew member who is assigned to perform remote pilot tasks during cruise flight, to allow the remote pilot-in-command to obtain planned rest;
“remote flight crew member” means a licensed crew member charged with duties essential to the operation of a RPAS during a flight duty period;
“remote pilot” means a person charged by the operator with duties essential to the operation of a remotely piloted aircraft and who manipulates the flight controls, as appropriate, during flight time;
“remote pilot-in-command” means the remote pilot designated by the operator as being in command and charged with the safe conduct of a flight;
“Remote pilot station” means the component of the RPAS containing the equipment used to pilot the remotely piloted aircraft;
“Remotely Piloted Aircraft (RPA)” means an unmanned aircraft which is piloted from a remote pilot station;
“Remotely Piloted Aircraft System (RPAS)” means a remotely piloted aircraft, its associated remote pilot station, the required command and control links and any other components as specified in the type design;
“RPAS operating manual” means a manual, acceptable to the State of the Operator, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the RPA and each associated RPS model and other material relevant to the operation of the RPAS;
“Required Communication Performance (RCP)” means a statement of the performance requirements for operational communication in support of specific ATM functions;
“Required Communication Performance type (RCP type)” means a label (e.g. RCP 240) that represents the values assigned to RCP parameters for communication transaction time, continuity, availability and integrity;
“rest period” means a continuous and defined period of time, subsequent to or prior to duty, during which remote crew members are free of all duties;
“RPA observer” means a trained and competent person designated by the operator who, by visual observation of the remotely piloted aircraft, assists the remote pilot in the safe conduct of the flight;
“RPAS operator certificate (ROC)” means a certificate authorizing an operator to carry out specified RPAS operations;
“safety” means the state in which risks associated with aviation activities, related to, or in direct support of the operation of aircraft, are reduced and controlled to an acceptable level;
“Secondary Surveillance Radar (SSR)” means a surveillance radar system which uses transmitters/receivers (interrogators) and transponders;
“Service Level Agreement (SLA)” means the agreement between the C2CSP and the RPAS operator covering the safety, performance, service area and security of the C2 Link provision as required for the RPAS operator’s intended operations;
“State of Manufacture” means the State having jurisdiction over the organization responsible for the final assembly of the aircraft;
“State of Registry” means the State on whose register the aircraft is entered;
“State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence;
“switchover” means the act of transferring the active datalink path between the RPS and the RPA from one of the links or networks that constitutes the C2 Link to another link or network that constitutes the C2 Link;
“Visual Line-of-Sight (VLoS) operation” means an operation in which the remote pilot or RPA observer maintains direct unaided visual contact with the remotely piloted aircraft; and
“Visual Meteorological Conditions (VMC)” means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima.
These regulations shall apply to all persons operating or maintaining a RPAS registered in Botswana wherever they may be and any RPAS operating in Botswana.
PART II
Categorization and Registration
4. Categorization or classification of RPAS
(1) RPAS shall be categorized or classified by weight and usage.
(2) There shall be three classes of RPAS, namely—
(a) Class 1: that weigh 5 kilograms and below including any payload carried by the RPAS;
(b) Class 2: that weigh more than 5 kilograms but less than 25 kilograms including any payload carried by the RPAS; and
(c) Class 3: that weigh 25 kilograms and above including any payload carried by the RPAS.
(3) There shall be three categories of RPAS namely—
(a) Category A: utilised for recreational and sports purposes only;
(b) Category B: utilised for private activities excluding recreational and sports purposes; and
(c) Category C: utilised for commercial activities
|
|
Cat. A |
Cat. B |
Cat. C |
|
Class 1 |
IA |
1B |
1C |
|
Class 2 |
2A |
2B |
2C |
|
Class 3 |
Note: can be Authorized but shall have to comply with airworthiness certification, continuing airworthiness, operations, instruments, pilot licensing and Air Traffic Management. |
3B |
3C |
5. Eligibility for ownership of RPAS
A person shall be eligible to own a RPAS if he or she is—
(a) a citizen of Botswana;
(b) lawfully resident in Botswana;
(c) a company incorporated in Botswana under the Companies Act and having its principal place of business in Botswana, or
(d) the Government of the Republic of Botswana.
6. Permit to import and export
(1) A person shall not import a RPAS or a component of the RPAS unless obtained from Authorized supplier or vendor Authorized by the Authority.
(2) A person who intends to export a Botswana registered RPAS shall notify the Authority in writing and obtain a deregistration certificate.
(1) A person shall not operate a remotely piloted aircraft within Botswana unless the remotely piloted aircraft has been registered by the Authority and a certificate of registration has been issued in accordance with these Regulations.
(2) A remotely piloted aircraft shall acquire Botswana nationality when registered under these Regulations.
(3) The Authority shall, where it is satisfied that an RPA meets the requirements for registration, register the RPA and issue a certificate of registration to the person in whose names the RPA is registered.
(4) The Authority shall establish and implement a system for registration and identification of a RPAS in Botswana.
(5) An RPA shall not be registered or continue to be registered in Botswana if it appears to the Authority that—
(a) the RPA is registered outside Botswana and that such registration does not cease by operation of law upon the RPA being registered in Botswana;
(b) an unqualified person holds any legal or beneficial interest by way of ownership or to any share in the RPA;
(c) the RPA could more suitably be registered in some other State;
(d) it would be inexpedient in the public interest for the RPA to be or to continue to be registered in Botswana; or
(e) the applicant or any person who holds any legal or beneficial interest by way of ownership or to any share in the RPA has been convicted of an aviation safety or security related offence.
8. Application for registration
(1) An owner of RPA shall submit an application for registration of RPA to the Authority.
(2) An owner of RPA shall submit to the Authority—
(a) an application Form set out in the Schedule to these Regulations about the remotely piloted aircraft and contact information for the remotely piloted aircraft owner;
(b) evidence of ownership (such as a bill of sale);
(e) the registration fee as set out in the Fees Schedule;
(d) documents required for security vetting; and
(e) any other documents as required by the Authority.
The Authority shall establish and maintain a remotely piloted aircraft register containing the following particulars—
(a) the number of the certificate;
(b) the registration mark assigned to remotely piloted aircraft by the Authority;
(e) the name of the manufacturer and the manufacturer’s designation of the remotely piloted aircraft;
(d) the serial number of the remotely piloted aircraft;
(e) the name and address of the owner;
(f) entry date; and
(g) the use or conditions with regard to which remotely piloted aircraft is registered.
10. Certificate of registration
(1) The Authority shall register a remotely piloted aircraft by assigning registration number and issue to the owner where the applicant meets the registration requirements, a certificate of registration in the Sixth Schedule, which shall include the particulars specified in the Civil Aviation (National and Registration Marks) Regulations and the date on which the certificate was issued.
(2) The certificate of registration issued under sub-regulation (1) shall not be transferable.
(3) An RPA certificate of registration shall be carried by the operator of RPA at all times during the operation of the RPA.
(4) A registered owner or operator shall present a certificate of registration for inspection upon request from the Authority.
11. Change of registration or ownership particulars
(1) A person who is the registered owner of an RPAS shall notify the Authority in writing within 14 days—
(a) before the change in the particulars which were furnished to the Authority at the time of making application for the registration of the RPAS;
(b) of the destruction of the RPAS or its permanent withdrawal from use; and
(c) in the case of the RPAS registered in pursuance of regulation 7(3), the termination of the lease, charter or hire-purchase agreement.
(2) A person who becomes an owner of the RPAS registered in Botswana shall inform the Authority in writing.
(3) The Authority may, where it appears necessary or appropriate, or for purposes of updating the register correct or amend the particulars entered on the register.
(4) For purposes of this regulation a reference to the registered owner of the RPAS includes, in the case of a deceased person, a reference to his or her legal representative and in the case of a body corporate which has been dissolved, its successor.
12. Identification plate number required
An owner or operator of an RPAS shall affix to each remotely piloted aircraft registered in Botswana an identification plate number which shall be—
(a)* engraved or stamped with the nationality and registration marks, names and address of the registered owner;
(b)** made of stainless steel or other fireproof material of suitable physical properties; and
(c)*** secured to the RPA in a prominent position.
(1) The Authority may de-register the registration of a RPAS under the following circumstances—
(a) upon application of the RPAS owner; or
(b) upon destruction of the RPAS or its permanent withdrawal from use.
(2) The Authority shall, before de-registering the RPAS, require the registered owner to—
(a) return to the Authority the certificate of RPAS registration;
(b) settle any liens or encumbrances attached to the RPAS;
(c) remove all nationality and registration marks assigned to the RPAS; and
(d) comply with any such other conditions as the Authority may specify.
(1) An RPAS owner or operator shall ensure that all its components are in working order and in accordance with the manufacturers’ user manual.
(2) The Authority may require a RPAS of a certain class and category with a type certificate to obtain a certificate of airworthiness.
(3) Where a certificate of airworthiness is required, the application shall be made in accordance with the procedure specified by the Authority.
(4) The Authority may, where the applicant meets all the requirements of this regulation, issue a certificate of airworthiness for the RPAS in Form E as specified in Fifth Schedule.
(5) An RPAS certificate of airworthiness shall be valid for a period of 12 months from the date of issue, or such shorter duration as may be specified by the Authority, unless suspended or revoked.
(6) An application for renewal of an RPAS certificate of airworthiness shall be made in accordance with the procedure established by the Authority.
An owner or operator of an RPAS shall—
(a) maintain the RPAS in a condition for safe operation;
(b) inspect the RPAS prior to flight to determine that the system is in a condition for safe operation; and
(c) keep a log book of all the checks performed before and after each flight operation.
16. Inspection, testing, and demonstration of compliance
(1) The Authority shall have unrestricted access to—
(a) a remote pilot license with a remotely piloted aircraft rating;
(b) a certificate of registration for the RPAS being operated; and
(c) any other document, record, or report required to be kept by a remote pilot or owner of a remotely piloted aircraft under these Regulations.
(2) A remote pilot, or owner of a RPAS shall, upon request, allow the Authority to make oversight activities of the RPAS, the remote pilot, and facilities and equipment, to determine compliance with these Regulations.
(1) The Authority may, in the interest of safety and security revoke or suspend a certificate, approval, Authorization, exemption or such other document of a person who contravenes any provision of these Regulations.
(2) The Authority may, if it considers it to be in the public interest, suspend provisionally, pending further investigation, any license, certificate, approval, permission, exemption. Authorization or such other document issued, granted or having effect under these Regulations.
(3) The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and if it considers it to be in the public interest, revoke, suspend, or vary any license, certificate, approval, permission, exemption. Authorization or other document issued or granted under these Regulations.
(4) The Authority may, if it considers it to be in the public interest, prevent any person or RPA from flying.
(5) A holder or any person having the possession or custody of any license, certificate, approval, permission, exemption, Authorization or other documents which has been revoked, suspended or varied under these Regulations shall surrender it to the Authority within 14 days from the date of revocation, suspension or variation.
(6) A person shall not use any license, certificate, permit, Authorization, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended, or to which he or she is not entitled.
(7) The breach of any condition subject to which any license, certificate, approval, permission, exemption. Authorization, or any other document has been granted or is sued under these Regulations shall render the document invalid during the continuance of the breach.
PART III
Operation of RPA
18. General obligation of RPAS operator
(1) An RPAS operator shall—
(a) be responsible for the safe conduct of its operations;
(b) comply with all requirements established by the Authority regarding its operations; and
(c) be responsible for contracted services from providers, as necessary, to carry out its operations.
(2) The responsibility for operational control shall rest with the registered operator of the RPAS.
19. Authorization of RPAS operations
(1) A person shall not operate an RPAS without Authorization From the Authority.
(2) Not withstanding sub-regulation (1), an RPAS operator shall be Authorized in accordance with the category of use, in the case of—
(a) RPAS used for recreation and sports. Authorization shall be through registered clubs established in accordance with the provisions of Part V of these Regulations;
(b) RPAS for private use, Authorization shall be granted to the operator directly by the Authority in accordance with the provisions of Part V of these Regulations; and
(c) RPAS for commercial use, Authorization shall be issued in accordance with the provisions of Part IV of these Regulations.
20. Operation in prohibited or restricted areas
A person shall not operate an RPAS—
(a) in a manner that endangers other aircraft, persons or property;
(b) in prohibited areas; or
(c) in restricted, danger areas or any other area notified by the Authority except with the written permission of and in accordance with any conditions imposed by the Authority.
21. Operation in controlled airspace
(1) A remotely piloted aircraft shall not operate in a controlled airspace, unless an operator has prior Authorization from the Air Traffic Control (ATC) facility having jurisdiction over that airspace and where the RPAS equipment capability reflects those of the conventional piloted aircraft, air traffic services shall be responsible for providing separation with other aircraft and the equipment shall meet the following requirements—
(a) capable of presenting real time information from certified navigation system;
(b) able to maintain two-way communication with air navigation service provider; and
(c) where applicable be equipped with certified surveillance equipment with certified surveillance equipment for the airspace in which it is operating.
(2) A remotely piloted aircraft shall operate at least 10 km away from the center of any aerodrome.
(3) Any person conducting remotely piloted aircraft operations shall ensure that the appropriate air traffic service unit is advised immediately anytime the flight of a remotely piloted aircraft inadvertently enters into controlled airspace.
(1) A person shall not—
(a) operate a RPAS in a deliberate, careless or reckless manner so as to endanger the life or property of another; or
(b) allow an object to be dropped from a remotely piloted aircraft if such action endangers the life or property of another.
(2) A remote pilot aircraft operator shall discontinue the flight when he/she has reason to believe that continuing the flight would pose a hazard to civil aviation operations, people, or property.
23. Carriage of dangerous goods
A person shall not take or cause to be taken on board an RPA or deliver or cause to be delivered for loading any goods which that person knows or has reasonable cause to know to be dangerous goods.
24. RPAS operating limitations
(1) A person shall not operate a RPAS above 400 feel above ground level and within the radius of 50 meters of any person, vessel, vehicle or structure which is not under the control of the person in charge of the RPAS.
(2) Notwithstanding sub-regulation (1), operations for private and commercial categories of RPAS may be conducted at such higher heights and lateral distances as the Authority may approve.
(3) A person shall not operate a RPAS—
(a) in conditions other than Visual Meteorological Conditions (VMC); and
(b) beyond Visual Line of Sight (BVLOS).
(4) Notwithstanding sub-regulation (3)(b), a RPAS to be operated Beyond Visual Line Of Sight shall be equipped with a detector and avoid system.
A RPAS shall—
(a) he operated in day light; and
(b) not be operated at night, unless authorized by the Authority.
26. Visual line of sight (VLOS) aircraft operation
(1) A remote pilot operating an RPA shall maintain continuous unaided visual contact with the remotely piloted aircraft sufficient to be able to—
(a) maintain operational control of the remotely piloted aircraft; and
(b) know the remotely piloted aircraft’s location.
(2) For purposes of this regulation, “unaided visual contact” shall mean binoculars, telescopic equipment, night vision equipment, visual enhancing equipment.
27. Operation of multiple RPAS
A person shall not act as a remote pilot in the operation of more than one RPAS at the same time.
28. Operation near aircraft; right-of-way rules
(1) A remote pilot shall maintain awareness so as to see and avoid other aircraft and vehicles and shall yield the right-of-way to all aircraft and vehicles.
(2) A remote pilot shall, at each point of the remotely piloted aircraft’s flight, satisfy the criteria specified in regulation 20 in order to maintain awareness so as to see other aircrafts and vehicles.
(3) “Yielding the right-of-way” for purposes of this regulation means that the remotely piloted aircraft shall give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.
A person shall not operate a remotely piloted aircraft over an open-air assembly or crowd of persons, who are not directly participating in the operation of the remotely piloted aircraft.
30. Pre-flight familiarization, inspection, and actions for remotely piloted aircraft operation
(1) A remote pilot shall, prior to flight—
(a) assess the operating environment, considering risks to persons and property in the immediate vicinity, both on the surface and in the air, the assessment shall include—
(i) local weather conditions,
(ii) local airspace and any flight restrictions,
(iii) the location of persons and property on the surface, and
(iv) other ground hazards;
(b) ensure that all persons involved in the operation of the remotely piloted aircraft receive a briefing that includes operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential hazards;
(c) ensure that all links between ground station and the remotely piloted aircraft are working properly; and
(d) if the remotely piloted aircraft is powered, ensure that there is enough available power for the RPAS to operate for the intended operational time and to operate after that for at least five minutes.
(2) Any person involved in the operation of a remotely piloted aircraft shall perform the duties assigned by the remote pilot.
31. Reporting of incidents and accidents relating to RPAS operations
An RPAS operator shall ensure that all incidents and accidents involving RPAS are reported to the Authority in accordance to the provisions of the Civil Aviation (Safety Management) Regulations and the Civil Aviation (Accident and Incident Investigation) Regulations.
32. Cancellation, suspension or variation of authorization
Notwithstanding regulation 17, the Authority may, in the interest of safety and security, cancel, suspend or vary any Authorization granted under these Regulations.
An RPAS pilot shall ensure that he or she has command and control of the RPAS at all times during the flight.
(1) An RPAS pilot shall maintain a two way communication with air traffic services as set out in the Civil Aviation (Air Traffic Services) Regulations and the Civil Aviation (Rules of the Air).
(2) An air traffic service shall establish procedures, acceptable to the Authority, for integration of RPAS operation into the airspace to ensure aviation safety which shall include communication and surveillance detection.
(3) The procedures referred to in sub-regulation (2) shall determine required information to be passed to ATC by RPAS pilot before and during RPAS operations.
(4) These Regulations shall be applicable to RPA operators engaged in Beyond Visual Line-of-Sight (BVLOS) operations.
35. Operation in vicinity of aerodrome
A person shall not operate a RPAS—
(a) within 10 kilometers of an aerodrome from the aerodrome reference point for code C, D, E and F aerodromes;
(b) within 7 kilometers of an aerodrome from the aerodrome reference point for code A and B aerodromes;
(c) on approach and take-off paths;
(d) within the vicinity of navigation aids;
(e) within the aerodrome traffic zone; and
(f) within terminal traffic holding patterns, except with the written permission of the owner or operator of the aerodrome, the appropriate ANSP and approval from the Authority.
The Authority may upon approval of RPAS operation at an aerodrome—
(a) impose operating restrictions on the approval in the interest of safety;
(b) publish details of the approval in the appropriate element of the Integrated Aeronautical Information Publication (IAIP); and
(c) revoke or change the conditions that apply to such approval and publish details of any revocation or change in conditions in the appropriate element of the IAIP.
PART IV
Commercial Operation of RPA
37. Certifications of RPAS operations
A RPAS for commercial operations shall be certified by the Authority in accordance with the eligibility and training requirements set out in the Second Schedule of these Regulations.
(1) An operator of a remotely piloted aircraft shall not engage in commercial RPAS operations unless the operator holds a valid RPA Operator Certificate (ROC) issued by the Authority.
(2) An ROC referred to in sub-regulation (1) shall authorize an operator of a remotely piloted aircraft to conduct RPAS operations in accordance with the conditions and limitations detailed in the operations specifications attached to the ROC.
(3) The issuance of an ROC by the Authority is dependent upon the RPAS operator demonstrating an adequate organization, method of control and supervision of flight operations, training programme as well as ground handling and maintenance arrangements consistent with the nature and extent of the operations specified and commensurate with the size, structure and complexity of the organization.
(4) A commercial RPAS operator shall establish and implement a Safety Management System (SMS) in accordance with their operational requirements established under the Act or any other regulations made there under.
39. Application for RPAS Operator Certificate
(1) An operator applying to the Authority for an RPAS Operator Certificate (ROC) shall submit an application—
(a) in the Form A set out in the Fifth Schedule;
(b) accompanied by proof of payment for a fee as set out in the Schedule; and
(c) containing any other information that the Authority requires the applicant to submit.
(2) An ROC shall contain at least the following—
(a) the name of the issuing authority;
(b) the ROC number and its expiration date;
(c) the RPAS operator name, trading name (if different) and address of the principal place of business;
(d) the date of issue and the name, signature and title of the authority representative;
(e) the location where the contact details of operational management can be found;
(f) the description of the types of operations Authorised;
(g) the type or model of a remotely piloted aircraft Authorized for use; and
(h) the Authorized areas of operation.
(3) The continued validity of an ROC shall depend upon the RPAS operator maintaining the requirements of sub-regulation (3) under the supervision of the Authority.
(4) An applicant for an RPAS operator certificate shall make the application for an initial issue or reissue of an ROC at least 60 days before the date of the intended operation.
The Authority may issue an RPAS Operator Certificate to an applicant if the applicant—
(a) has its principal place of business registered in Botswana;
(b) meets the applicable regulation and standards for the holder of an ROC;
(c) is property qualified, adequately staffed and equipped to conduct safe operations in commercial operations of the RPAS;
(d) holds a security clearance issued by the appropriate authority; and
(e) has an approved Aircraft Operator Security Programme in accordance with the Civil Aviation (Security) Regulations, and meets any other requirements as specified by the Authority.
41. Validity and renewal of RPAS Operator Certificate
(1) An RPAS Operator Certificate issued by the Authority shall be valid for 12 months from the date of issue or renewal unless—
(a) a shorter period is specified by the Authority;
(b) the Authority amend, suspends, revokes or otherwise terminates the certificate;
(c) a certificate holder surrenders it to the Authority: and
(d) the certificate holder notifies the Authority of the suspension of operations.
(2) A certificate which is suspended or revoked shall be returned to the Authority.
(3) A person whose certificate has expired shall make a new application.
(1) The Authority may amend an RPAS Operator Certificate (ROC) if—
(a) it determines that the amendment is necessary for the safety of commercial RPAS operations; and
(b) the ROC holder applies for an amendment and the authority determines that the amendment is necessary.
(2) An ROC holder shall operate in accordance with the amendment unless it is subsequently withdrawn.
43. Conducting surveillance, inspections and tests
The Authority shall conduct surveillance, inspections and tests on the RPAS Operator Certificate (ROC) holder to ensure continued eligibility to hold an ROC and associated approvals.
44. Personnel required for RPAS commercial operations
(1) An RPAS operator shall have accountable manager acceptable to the authority, with corporate authority for ensuring that all necessary resources are available to support ROC operations.
(2) An accountable manager shall have sufficient qualified and competent personnel for the planned tasks and activities to be performed in accordance with the applicable requirements.
(3) An RPAS operator shall establish initial and recurrent training to ensure continuing competence of its personnel.
An RPAS operator shall develop and submit to the Authority for approval an operations manual in accordance with the Third Schedule to these Regulations.
46. Authorization for commercial RPAS operations
(1) An ROC holder shall not undertake commercial operations of RPAS except with Authorization issued by the Authority.
(2) An ROC holder shall not conduct an RPAS flight commencing at a place within Botswana and terminating at a place outside the Botswana without Authorization from the State of destination or any other State over whose airspace the RPAS shall fly.
(3) An ROC holder shall not conduct a RPAS light commencing at a place outside the Botswana and terminating at a place within Botswana or overflying the Botswana airspace without Authorization from the Authority.
(4) Any person who intends to conduct a RPAS operation shall seek Authorization from the Authority prior to conducting any operations.
(5) A RPAS shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate.
(6) Unless otherwise specified by the Authority, the request for Authorization shall include the following—
(a) name and contact information of the operator;
(b) RPAS characteristics (type of aircraft, maximum certificated take-off mass, number of engines, wing span);
(c) a copy of certificate of registration;
(d) an aircraft identification to be used in radiotelephony, if applicable;
(e) a copy of the certificate of airworthiness;
(f) a copy of the RPAS operator certificate;
(g) a copy of the remote pilot license;
(h) a copy of the aircraft radio station license, if applicable;
(i) a description of the intended operation (to include type of operation for purpose), flight rules, visual line-of-sight (VloS) operation if applicable, date of intended flight(s), point of departure, destination, cruising speed, cruising level, route to be followed, duration or frequency of flight;
(j) take-off and landing requirements;
(k) a RPAS performance characteristics, including—
(i) operating speeds,
(ii) typical and maximum climb rates,
(iii) typical and maximum descent rates,
(iv) typical and maximum turn rates,
(v) other relevant performance data (e.g. limitations, regarding wind, icing, precipitation), and
(vi) maximum aircraft endurance;
(l) communications, navigation and surveillance capabilities;
(m) aeronautical safety communications frequencies and equipment, including—
(i) ATC communications, including any alternate means of communication,
(ii) command and control links (C2) including performance parameters and designated operational coverage area,
(iii) communications between remote pilot and RPA observer, if applicable,
(iv) navigation equipment, and
(v) surveillance equipment (e.g. SSR transponder, ADS-B);
(n) detect and avoid capabilities;
(o) emergency procedures, including—
(i) communications failure with ATC,
(ii) C2 failure, and
(iii) remote pilot or RPA observer communications failure, if applicable;
(p) number and location of remote pilot stations as well as handover procedures between remote pilot stations, if applicable;
(q) document attesting noise certification, if applicable;
(r) confirmation of compliance with the Civil Aviation (Security) Regulations;
(s) payload information or description; and
(t) proof of adequate insurance coverage.
(7) Where documents identified in sub-regulation (6) are issued in a language other than English, an RPAS operator shall ensure that an English translation is included.
PART V
Licensing Requirements for Remote Pilots Engaged in International BVLOS Operations
47. General Licensing specification
(1) A person shall not act as remote pilot-in-command or as remote co-pilot of an RPA in any of the following RPA categories unless, the person is the holder of a remote pilot license issued in accordance with the provisions of these Regulations—
(a) aeroplane;
(b) airship;
(c) glider;
(d) rotorcraft;
(e) powered-lift; and
(f) free balloon.
(2) The Authority may, where an applicant satisfies the requirements of these Regulations, issue category ratings as provided for under sub-regulation (1) and instrument rating.
(3) The Authority may issue any of the following categories for purposes of operation—
(a) private;
(b) commercial; or
(c) sports and recreational.
(1) An application for a student remote pilot license under these Regulations shall be made on Form C set out under fifth schedule and shall be accompanied by applicable fees.
(2) A person shall not act as a student remote pilot unless, he or she is issued with a student remote pilot license by the Authority in accordance with these Regulations.
(3) A student remote pilot shall not fly an RPA solo unless, under the supervision of, or with the authority of, an authorized RPAS instructor.
(4) A student remote pilot shall not fly an RPA solo on international RPAS operations unless, by special or general arrangement between the Contracting States concerned.
(5) A student remote pilot shall not fly an RPA solo unless he or she holds a current Class 3 or a current Class 1 Medical Assessment.
(6) A certified copy of identity card with photo and signature for citizens or passport for non-citizens.
(7) A Student Remote Pilot license shall be valid for two years unless, revoked or suspended.
(8) The Authority may re-issued a student pilot license once the applicant has satisfied requirements of this regulation.
(1) A person shall not fly a RPAS without a valid license issued by the Authority in accordance with these Regulations.
(2) An applicant for an RPA Pilot license referred in sub-regulation (1) shall—
(a) be at least 18 years old;
(b) hold a current Class 3 medical certificate or a current Class 1 medical certificate;
(c) hold at least level 4 English language proficiency;
(d) hold a radio telephony license;
(e) have completed a course of training approved by the Authority;
(f) have passed a knowledge and skills test; and
(g) meet eligibility requirements appropriate for the license or rating applied for, and that the license or rating is not contrary to aviation safety.
(3) Where applicable RPA pilot shall hold an appropriate rating for the type of operations he or she will perform including—
(a) beyond visual line of sight rating;
(b) extended visual line of sight rating;
(c) visual line of sight rating; and
(d) instructor rating.
50. Application for remote pilot license with RPAS rating
(1) An applicant for a remote pilot license with a RPAS rating under these Regulations shall make the application in a form and manner acceptable to the Authority.
(2) An application under sub-regulation (1), shall include—
(a) a knowledge test report showing that the applicant passed an initial aeronautical knowledge test, or recurrent aeronautical knowledge test;
(b) a certified of a current class 3 or class 1 medical certificate;
(c) any applicable fees as may be determined by the Authority;
(d) skills test report;
(e) proof of completion of approved training from Approved Training Organization;
(f) certified copy of identity card with photo and signature for citizens or passport for non-citizens;
(g) passport photo;
(b) certified copies of last three pages of the logbook; and
(i) documents required for security vetting.
51. Eligibility requirements for RPAS pilot license
(1) A person shall not act as a remote pilot, unless the person holds—
(a) a remote pilot license;
(b) a rating for the specific RPAS operation or is operating under the supervision of a rated remote pilot for the purpose of qualifying for the rating;
(c) the required knowledge for the type of RPAS; and
(d) a current Class 3 medical certificate.
(2) A person undergoing training to qualify for a remote pilot license or rating shall not act as solo remote pilot of an RPAS, unless—
(a) under the supervision of, or with the authority of, an Authorized RPAS instructor;
(b) on an international RPA flight; or
(c) the person is part of the crew of a commercial RPAS flight.
An applicant shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of a remote pilot license and appropriate to the category of RPA and associated RPS intended to be included in the remote pilot license, in at least the subjects under Second Schedule of these Regulations.
53. Knowledge tests: General procedures and passing grades
(1) The Authority or any person designated by the Authority shall conduct a knowledge test under these Regulations.
(2) An applicant for a knowledge test shall have proper identification at the time of application that contains the applicant’s—
(a) identity card for citizens or passport for non-citizens;
(b) date of birth, which shows the applicant meets or will meet the age requirements of these Regulations for the certificate sought before the expiration date of the applicant knowledge test report.
(3) The minimum passing grade for the knowledge test shall be determined by the Authority.
54. Initial and recurrent knowledge tests
(1) An initial aeronautical knowledge test shall cover the following areas of knowledge—
(a) applicable regulations relating to a RPAS rating privileges, limitations, and flight operation;
(b) airspace classification and operating requirements, obstacle clearance requirements, and flight restrictions affecting remotely piloted aircraft operation;
(c) official sources of weather and effects of weather on remotely piloted aircraft performance;
(d) a RPAS loading and performance;
(e) emergency procedures;
(f) crew resource management;
(g) radio communication procedures;
(h) determining the performance of remotely piloted aircraft;
(i) physiological effects of drugs and alcohol;
(j) aeronautical decision making and judgment; and
(k) airport operations.
(2) A recurrent aeronautical knowledge test shall cover the following areas of knowledge—
(a) applicable regulations relating to a RPAS rating privileges, limitations, and flight operation;
(b) airspace classification and operating requirements, obstacle clearance requirements, and flight restrictions affecting remotely piloted aircraft operation;
(c) official sources of weather;
(d) emergency procedures;
(e) crew resource management;
(f) aeronautical decision making and judgment; and
(g) airport operations.
55. Validity of RPAS pilot license
An RPAS pilot license shall be valid be for a period of two years, subject to validity of the holder’s medical certificate.
The Authority may renew a remote pilot license for five years, if the holder presents the following documents to the Authority—
(a) completed renewal application form together with applicable fee;
(b) original license;
(c) certified copy of identity card with photo and signature for citizens or passport for non-citizens;
(d) certified copy of a current class 3 or 1 medical certificate;
(e) certified copies of last three pages of the logbook;
(f) passport photo; and
(g) documents required for security vetting.
57. Requirement to re-issue lapsed remote pilot license
(1) Where a remote pilot license has not been renewed by the date of expiry and the validity of the license standards are lapsed, to ensure the validity of the lapsed license, the license holder shall meet the following requirements—
(a) that not more than six months and all renewal requirements were met prior to the date of expiry, there are no additional requirements;
(b) that more than six months but not more than two years; the applicant shall—
(i) pass a knowledge test in air law,
(ii) pass a type rating skill test on an RPA type endorsed on the license or on the type rating sought, and
(iii) meet the renewal requirements;
(c) that more than two years but not more than 10 years; the applicant shall—
(i) undertake a refresher course in an Approved Training Organization in preparation for the skill and knowledge tests,
(ii) pass a knowledge test in air law,
(iii) pass a type rating skill test on an RPA type endorsed on the license or on the type rating sought,
(iv) meet the renewal requirements, and
(v) more than 10 years, an applicant shall meet all requirements for the initial issue of a remote pilot license.
(1) In order to meet the training requirements of the remote pilot license, an applicant shall have—
(a) completed an approved training course in an approved training organization and the training shall be competency-based and, if applicable, conducted in a multi-crew operational environment;
(b) acquired the competencies and underpinning skills required for performing as a remote pilot of an RPA certificated for operation under Instrument Flight Rules (IFR) during training; or
(c) received dual remote pilot license training in an RPA and associated Remote pilot station (RPS), sought from an authorized RPAS instructor and the RPAS instructor shall ensure that the applicant has operational experience in all phases of flight and the entire operating envelope of an RPAS, including abnormal and emergency conditions, upset prevention and recovery training for the categories concerned, as well as IFR operations.
(2) An applicant shall have received dual instrument remote pilot license training in a multi-engined RPA within the appropriate category from an authorized RPAS inspector, if the privileges of the remote pilot are to be exercised on a multi-engined RPA and the RPAS instructor shall ensure that the applicant has operational experience in the operation of the RPA within the appropriate category with engines inoperative or simulated inoperative.
An applicant shall, in order to meet the experience requirements of a remote pilot license have gained experience during training in operating the RPA and associated RPS to successfully demonstrate the competencies required for skills test.
60. Crediting of RPAS flight time
(1) A student remote pilot shall be entitled to be credited in full with all solo and dual instruction RPAS flight time towards the total flight time required for the initial issue of a remote pilot license.
(2) The holder of a remote pilot license shall be entitled to be credited in full with all dual instruction RPAS flight time towards the total RPAS flight time required for a remote pilot-in-command upgrade.
(3) The holder of a remote pilot license shall be entitled to be credited in full with all solo or dual instruction RPAS flight time, in a new category of RPA or for obtaining a new rating, towards the total RPAS flight time required for that raring.
(4) The holder of a remote pilot license, when acting as remote co-pilot of an RPA certificated for operation by a single remote pilot but required by a Contracting State to be operated with a remote co-pilot, shall be entitled to be credited with not more than 50 per cent of the remote co-pilot RPAS flight time towards the total RPAS flight time required for a remote pilot-in-command upgrade and the contracting State may authorize that RPAS flight time be credited in full towards the total RPAS flight time required if the RPAS is equipped to be operated by a remote co-pilot and is operated in a multi-crew operation.
(5) The holder of a remote pilot license, when acting as remote co-pitot of an RPA certificated to be operated with a remote co-pilot, shall be entitled to be credited in full with this RPAS flight time towards the total RPAS flight time required for a remote pilot-in-command upgrade.
(6) The holder of a remote pilot license, when acting as remote pilot-in-command under supervision, shall be entitled to be credited in full with this RPAS flight time towards the total RPAS flight time required for a remote pilot-in-command upgrade.
61. Instruments and equipment requirements
The Authority shall determine instrument requirements for RPAS operators for specific operations depending on—
(a) the class and category of the RPAS;
(b) type of operations; and
(c) special Authorizations sought.
(1) A person who wishes to act as a remote pilot in command of an RPAS operation within the appropriate category of RPA and associated RPS shall have demonstrated all the competencies of the adapted competency model approved by the Authority.
(2) If the privileges of the remote pilot are to be exercised on a multi-engined RPA, the applicant shall have demonstrated the ability to operate under IFR with degraded propulsion capabilities.
(1) Subject to compliance with the requirements for maintaining competency and recent experience, the privileges of the holder of a remote pilot license shall be—
(a) to act as remote pilot-in-command of an RPA and associated RPS, certificated for remote single-pilot operation;
(b) to act as remote co-pilot of an RPA and associated RPS, required to be operated with a remote co-pilot;
(c) to act as a remote pilot-in-command of an RPA and the associated RPS, required to be operated with a remote co-pilot; and
(d) to act either as remote pilot-in-command or as remote co-pilot of an RPAS under lFR.
(2) A remote pilot license holder shall before exercising the privileges at night, have received dual instruction in an RPA and associated RPS in night flying, including take-off, landing and navigation.
(3) Where the holder of a remote pilot license is unable to maintain competency and recency requirements under sub-regulation (1), the privileges of the remote pilot license shall be limited to Visual Line of Sight Operations.
PART VI
Private, Recreational and Sports RPA Operations
A person shall not operate a RPAS for private purposes, unless with prior Authorization issued by the Authority and subject to the conditions as may be determined by the Authority.
65. Training requirements for private RPAS operations
A private RPAS operations pilot shall be trained in accordance with training requirements as may be determined by Authority.
66. Competency and recency requirements
(1) After issuing a license, the Authority shall ensure that the privileges granted under the license or ratings are not exercised unless, the holder maintains competency and meets the requirements for recent experience.
(2) A remote pilot license holder shall establish maintenance of competency by demonstration of skill during proficiency flight checks.
(3) A remote pilot may, to the extent possible, demonstrate his or her continuing competency in a flight simulation training device.
(4) A remote pilot shall record the maintenance of competency in the operator’s records or in the remote pilot’s personal logbook or license.
67. Recreational and sports RPAS operations
(1) A sports RPAS operations for recreational and sports purposes shall be Authorized and conducted within a registered club which is approved by the Authority based on the operational guidelines specified in the Fourth Schedule of these Regulations.
(2) The Authorization given under sub-regulation (1) shall be valid for 12 months.
(3) The Authority shall develop a system for approval of recreational and sports clubs including requirements for composition, documentation, club rules and regulations.
(4) A club referred to in sub-regulation (1) shall provide the Authority with details of its operation areas and working hours for approval purposes.
(5) The Authority shall segregate and notify through the applicable element of the IAIP of such airspaces designated for use by RPAS operators, including limitations that may apply.
(1) Skills test required under these Regulations shall be valid for 12 months.
(2) A remote pilot shall renew a category rating and associated instrument rating, if he or she within the preceding 12 months, completes a proficiency check in the areas of operation listed in the skills test for the appropriate category and where applicable, class of the aircraft.
(3) Where a remote pilot takes the proficiency check required in this regulation in the month before or after the month in which it is due, the remote pilot shall be considered to have taken it in the month it was due for the purpose of computing the due date for the next proficiency check.
69. Training requirements for recreational and sports RPAS operations
(1) A club referred to in regulation 59 shall determine minimum training requirements for RPAS operations.
(2) Training requirements for RPAS referred to in sub-regulation (1) above shall be documented and submitted to the Authority for approval.
PART VII
Autonomous RPA
(1) Use of autonomous RPAS shall be strictly limited to State functions such as delivery of disaster or emergency supplies, search and rescue, and other Government operational missions.
(2) The Chairperson of the National Civil Aviation Security Committee (NCASC) shall, on a flight-by-flight basis, issue a certificate of Authorization for a specific period of time that permits a Government entity to operate an autonomous RPAS, in a particular area.
(3) The NCASC shall determine conditions and limitations for autonomous RPAS operations to ensure that it does not jeopardise national security and the safety of other aviation operations.
(4) A Government entity conducting autonomous RPAS operations shall comply with the determined conditions and limitations for autonomous RPAS operations and determined operational requirements.
(5) An autonomous RPAS operations shall comply with the rules of air, as applicable to all aircraft in the Botswana airspace.
PART VIII
Security Requirements for RPA Operation
(1) A person shall not operate a RPAS without Operator Security Procedures developed in accordance with the provisions of the Civil Aviation (Security) Regulations and other security requirements developed by the Authority.
(2) An RPAS operator shall specify the security measures, procedures and practices to be followed by the operator to protect pilots and facilities from acts of unlawful interference.
(3) An RPAS operator shall carry out and maintain security measures including identification and resolution of suspicious activity that may pose a threat to civil aviation—
(a) at a remote pilot station;
(b) on an RPAS; and
(c) at any facility under the control of the RPAS operations.
(4) The specific security measures referred to in sub-regulation (3) shall provide—
(a) that the premises used for preparing, storing, parking including RPAS ground station shall be secured at all times against unauthorized access;
(b) for protection of critical information technology and communication systems used for operations purposes from interference that may jeopardise the security of civil aviation;
(c) for protection of flight documents;
(d) that commercial operators requesting to operate with a camera shall be required to include details of the camera usage in the application for Security review and approval;
(e) requirements for checks and searches of specific areas and accessible compartments of the interior and exterior of RPAS; and
(f) that persons engaged in RPAS operations are subject to recurrent background checks and selection procedures and are adequately trained.
72. Security obligations for RPAS operators
An RPAS operator shall—
(a) be responsible for the security of the RPAS operations including associated facilities, personnel and equipment;
(b) ensure that the RPAS or any component thereof that is no longer in use is completely disabled or destroyed to prevent unauthorized use; and
(c) comply with any security directives or circulars issued by the Authority.
73. Requirement for type rating
(1) The Authority shall, where applicable, endorse the type of RPA on a remote pilot license as a rating including any limitations.
(2) A pilot seeking an RPA type rating to be endorsed on his or her remote pilot license shall—
(a) hold a valid remote pilot license issued under this Part;
(b) hold valid class 3 or class 1 medical certificate;
(c) have gained, under appropriate supervision, experience in the applicable type of RPA and associated RPS or Flight Simulation Training Device (FSTD) in the following—
(i) normal flight procedures and manoeuvres during all phases of flight,
(ii) abnormal and emergency procedures and manoeuvres in the event of failures and malfunctions of equipment, such as engine, C2 link, systems and airframe,
(iii) instrument procedures, including instrument approach, missed approach and landing procedures under normal, abnormal and emergency conditions, including simulated engine failure,
(iv) for the issue of an aeroplane category type rating, upset prevention and recovery training, and
(v) procedures for crew incapacitation and crew coordination including allocation of remote pilot tasks; crew cooperation and use of checklists; and
(d) have an endorsement in his or her logbook or training record from an Authorized instructor that the applicant has been found competent in the required aeronautical knowledge and flight instruction areas;
(e) demonstrated the competencies required for the safe operation of the applicable type of RPA and associated RPS and demonstrated C2 link management is skills, relevant to the duties of a remote pilot-in-command or a remote co-pilot as applicable;
(f) perform the skills test under instrument flight rules; and
(g) complete application form far additional rating and pay applicable fee.
(1) Subject to compliance with the requirements specified in this Part, a holder of a type rating may act as a remote pilot on the type of RPA specified in the rating.
(2) When a type rating is issued limiting the privileges to act as remote co-pilot, or limiting the privileges to act as remote pilot only during the cruise phase of the flight, such limitation shall be endorsed on the rating.
75. Duration and renewal of type rating
(1) A type rating shall be valid for a period of 12 months.
(2) A remote pilot shall renew a type rating, if he or she within the preceeding 12 months, completes a proficiency check in the areas of operation listed in the skills test for the appropriate category, type and where applicable, class of the RPA.
(3) Where a pilot takes the proficiency check required in this regulation in the month before or after the month in which it is due, the pilot shall be considered to have taken it in the month it was due for the purpose of computing the due date for the next proficiency check.
Where a type rating has expired for more than 12 months, an applicant shall—
(a) undergo refresher training from an authorised instructor and an endorsement that the applicant is prepared for the required skills test; and
(b) pass the required skills test for the appropriate category, type and where applicable, class of RPA.
77. Requirements for RPAS instructor rating
(1) A person shall not conduct the business of RPAS instruction unless, he or she is issued with RPAS instructor rating in accordance with these Regulations.
(2) An application for a RPAS instructor rating shall be made to the Authority in Form C set out in Fifth Schedule to these Regulations and shall be accompanied by applicable fee.
(3) An applicant for RPAS instructor rating shall have valid class 3 or class 1 medical certificate.
(4) An applicant for RPAS instructor rating shall hold a valid remote pilot license with the relevant aircraft category, class or type rating, that is appropriate to the RPAS instructor.
An applicant for RPAS shall, under the supervision of an RPAS instructor Authorized by the Authority for that purpose should—
(a) have received training in RPAS instructional techniques including demonstration, student practices, recognition and correction of common student errors; and
(b) have practiced instructional techniques in those flight manoeuvres and procedures in which it is intended to provide remote pilot license training.
79. RPAS instructor rating knowledge
(1) An applicant for instructor rating knowledge shall demonstrate the ability to effectively assess trainees against the adapted competency model used in the approved training programme.
(2) An applicant under sub-regulation (2) shall successfully complete the training and meet the qualifications of an approved training organization appropriate to the delivery of competency-based training programmes.
(3) An RPAS instructor training programme shall focus on the development of competence in the following specific areas—
(a) the adapted competency model of the remote pilot training programme according to the defined grading system used by the RPAS operator or approved training organization;
(b) in accordance with the assessment and grading system of the RPAS operator or approved training organization, making assessments by observing behaviors; gathering objective evidence regarding the observable behaviors of the adapted competency model used;
(c) recognizing and highlighting performance that meets competency standards;
(d) determining root causes for deviations below the expected standards of performance; and
(e) identifying situations that could result in unacceptable reductions in safety margins.
(4) An RPAS applicant shall have met the competency requirements for the issue of a remote pilot license as appropriate to the category of RPA and associated RPS.
(5) An applicant shall in addition to requirements under sub-regulation (4) have demonstrated a level of competency appropriate to the privileges granted to the holder of an RPAS instructor rating, in at least the following areas—
(a) techniques of applied instruction;
(b) assessment of student performance in those subjects in which ground instruction is given;
(c) the learning process;
(d) elements of effective teaching;
(e) competency-based training principles, including student assessments;
(f) evaluation of the training programme effectiveness;
(g) lesson planning;
(h) classroom instructional techniques;
(i) use of training aids, including FSTDs as appropriate;
(j) analysis and correction of student errors;
(k) human performance relevant to RPAS, instrument flight and remote pilot license training, including principles of threat and error management (TEM); and
(l) hazards involved in simulating system failures and malfunctions in the aircraft.
80. Skills test for RPAS instructor
(1) An applicant for RPAS instructor shall have successfully performed a formal competency assessment, prior to conducting instruction and assessment within a competency-based training programme.
(2) A competency assessment shall be conducted during a practical training session in the category of RPA and associated RPS for which RPAS instructor privileges are sought, including pre-flight, post-flight and ground instruction as appropriate.
(3) A competency assessment shall be conducted by a person authorized by the Authority.
81. Experience for RPAS instructor
(1) An applicant for RPAS instructor shall have met the requirements for the issue of a remote pilot license, shall maintain competencies and meet the recent experience requirements for the license.
(2) An applicant for RPAS instructor shall have sufficient training and experience to attain the required level of proficiency in all of the required tasks, manoeuvres, operations and principles, and methods of instruction.
82. Privileges and conditions to be observed by RPAS instructor rating
(1) Subject to compliance with competency and recency requirements, the privileges of the holder of an RPAS instructor rating shall be—
(a) to supervise solo flights by student remote pilots; and
(b) to carry out remote pilot license training for the issue of a remote pilot license and an RPAS instructor rating provided that the RPAS instructor—
(i) holds at least the remote pilot license and rating for which instruction is being given, in the appropriate RPA category and associated RPS,
(ii) holds the remote pilot license and rating necessary to act as the remote pilot-in-command of the RPA category and associated RPS on which the instruction is given, and
(iii) has the RPAS instructor privileges granted endorsed on the remote pilot license.
(2) An applicant for an RPAS instructor privileges and conditions shall have met all the instructor qualification requirements in order to carry out the remote pilot license training in a multi crew operational environment.
83. Duration and renewal of RPAS instructor rating
(1) All RPAS instructor rating shall be valid for a period of 24 months.
(2) A remote pilot shall renew an RPAS instructor rating, if he or she has within the preceding 24 months, completed an RPAS instructor proficiency check in the areas of operation listed in the skills test for the appropriate category, type and where applicable, class of the RPA.
(3) Where a pilot takes an RPAS instructor proficiency check required in this regulation in the month before or alter the month in which it is due, the pilot shall be considered to have taken it in the month it was due For the purpose of computing the due date for the next proficiency check.
84. Re-issue of RPAS instructor rating
Where an RPAS instructor eating has expired for more than 12 months, an applicant shall—
(a) receive refresher training from an Authorized instructor and an endorsement that the applicant is prepared for the required skills test; and
(b) pass the required skills test for the appropriate category, type and where applicable, class of RPA.
An RPAS instructor shall—
(a) sign the logbook of each student to whom the instructor has given flight training or ground training; and
(b) maintain a record in a logbook or separate document that contains the following—
(i) the name of each person in whose logbook or student pilot license that instructor has endorsed for solo flight privileges, and the date of the endorsement, and
(ii) the name of each person that instructor has endorsed for a knowledge test or skills test, and a record of the kind of test, the date, and the results; and
(c) retain the records required by under this regulation for at least three years.
86. Record of training and aeronautical experience
A person shall keep any document or record of—
(a) any training and experience acquired to meet requirements for a license, rating, endorsement or Authorization during training; and
(b) any evidence showing the maintenance of aeronautical experience in a manner that is acceptable to the Authority.
A person shall not qualify to be a remote pilot designated examiner unless, he or she is at least 21 years of age.
88. Application for remote pilot examiner certificate
An applicant for a remote pilot designated examiner certificate shall—
(a) have held a valid remote pilot license with the ratings to which the designation shall apply for a period of two years;
(b) have been actively exercising the privileges of the remote pilot license in the previous year;
(c) have a valid RPAS instructors rating;
(d) hold current class 3 or class 1 medical certificate;
(e) complete and submit to the Authority, application for RPAS designated examiner; and
(f) pay applicable fees.
89. Knowledge for remote pilot examiner
An applicant for a remote pilot designated examiner certificate shall pass a pre-designation test on—
(a) air law and regulations for remote pilot personnel;
(b) current practices and best industry practices in relation to RPA operations.
90. Skills test for remote pilot examiner
An applicant for a remote pilot designated examiner certificate shall conduct a complete, actual skills test using the approved Skills Test Standards (STS) in a satisfactory manner and shall be observed by the Authority when conducting such test.
91. Recent experience for remote pilot examiner
(1) A remote pilot designated examiner shall maintain currency by—
(a) attending initial and recurrent training conducted by the Authority;
(b) maintaining a current and valid remote pilot license and applicable ratings; and
(c) the remote pilot designated examiner shall conduct at least six skills tests during any 36 months period in order for the designation to remain current.
(2) A remote pilot designated examiner shall be observed by the Authority in the conduct of a skills test, at least once each year.
92. Duration and renewal of remote pilot examiner certificate
(1) A remote pilot examiner certificate shall be valid for 36 months.
(2) A remote pilot designated examiner certificate may be renewed by the Authority, if—
(a) the need for the designation remains valid;
(b) the performance of the remote pilot designated examiner has been satisfactory; and
(c) the remote pilot examiner has attended the aviation examiner training conducted by the Authority in the previous 12 months.
93. Validation of foreign RPA license
(1) The Authority may issue a validation certificate to a RPA pilot who holds a license or certificate from a foreign contracting state, issued in accordance with ICAO Annex I, if the Authority is satisfied that the applicant—
(a) is eligible to the license or rating sought; and
(b) fulfils the requirements of these Regulations.
(2) A person who holds a current and valid RPA license issued by a foreign contracting state may apply for validation certificate of such license for use on RPA registered in Botswana.
94. Application for validation certificate
(1) An application for a validation certificate shall be made in the Authority in Form set out in the Schedule and shall include—
(a) the foreign RPA license or certificate and evidence of the required experience;
(b) a certified copy of a medical certificate issued by the foreign Contracting State which issued the applicant’s license; and
(c) evidence of language proficiency in the English language with the language proficiency of at least level 4.
(2) The Authority shall, before issuing a validation certificate, verify the authenticity of the—
(a) foreign license or certificate;
(b) rating or Authorization on the foreign license; and
(c) medical certificate, with the foreign Contracting State that issued the license.
(3) The Authority shall validate a rating or Authorization on a foreign license or certificate when validating the license.
(4) A person applying for a validation certificate for a remote pilot license shall—
(a) demonstrate to the satisfaction of the Authority, knowledge relevant to the license to be validated of—
(i) air law,
(ii) meteorology,
(iii) operational procedures, and
(iv) radiotelephony; and
(b) complete a skills test relevant to the license and ratings to be validated in accordance with the privileges of the RPA license.
95. Issuance of validation certificate
(1) The Authority may issue a validation certificate valid for a period of 12 months:
Provided that the period of validity shall not extend beyond the period of validity of the foreign RPA license, ratings or Authorizations and medical certificate.
(2) The validation certificate shall be in such manner as may be determined by the Authority.
(3) A validation certificate shall cease to be valid if the foreign license upon which it was issued is suspended or revoked.
(4) A validation certificate shall specify the privileges and limitations of a foreign pilot license which are to be accepted as its equivalent.
96. Conversion of foreign RPA license
(1) A person who holds a valid foreign RPA license with privileges may, apply for the conversion of the license and be issued with an RPA license by the Authority for use on RPA registered in Botswana subject to having satisfied the following requirements—
(a) evidence of language proficiency in the English language with the language proficiency of at least level 4 and where the pilot’s English language proficiency is below level 4, the license shall be limited for use on Botswana registered aircraft and for use within Botswana;
(b) the applicant shall obtain class 3 or class 1 medical certificate;
(c) the applicant shall demonstrate, to the satisfaction of the Authority, knowledge of air law;
(d) the applicant shall undergo a skills test with a designated remote pilot examiner; and
(e) the applicant shall provide evidence of appropriate flight hours.
(2) The Authority shall verify the authenticity of the license, rating or Authorization and the medical certificate with the foreign Contracting State that issued the license prior to converting the license.
(3) Ratings listed on a foreign RPA license that have been validated in accordance with regulation 68 may be placed on a converted license.
97. Acts of unlawful interference against civil aviation
(1) An RPAS operator or owner shall have response procedures for operations personnel for threats and incidents involving RPAS operations.
(2) An RPAS operator or owner shall ensure that reports on acts of unlawful interference are promptly submitted to the Authority in terms of the Civil Aviation (Security) Regulations.
98. Security vetting for remote pilots or owner
(1) On receipt of an application for a remote pilot license or registration of a remotely piloted aircraft, the Authority shall verify compliance and the accuracy of the application and provide the applicant’s information to competent security agencies for security vetting prior to issuance of a certificate.
(2) The Authority shall issue a certificate to an individual who has successfully completed a security threat assessment conducted by the competent security agencies.
(3) The security threat assessment shall consist of a check of intelligence-related databases, including Interpol and international databases, terrorist watch lists, and other sources relevant to determining whether an individual poses or may pose a threat to national security, and that confirm the individual’s identity.
(4) Where a competent security agency determines that the applicant poses a security risk, the Authority shall deny the application for a certificate.
(5) A holder of a remote pilot license or the certificate of registration who is considered to pose a security risk shall have his or her certificate amended, modified, suspended or revoked (as appropriate) based on the competent security agencies’ security findings.
(6) The competent security agencies shall conduct background and criminal record checks every 24 months on all personnel employed in the deployment, handling, and storage of remotely piloted aircraft.
99. Remotely piloted operator or owner’s security measures
A holder of an RPAS Operator Certificate issued under these Regulations shall—
(a) ensure that a remotely piloted aircraft not in use is stored in a secure manner to prevent and detect unauthorised interference or use;
(b) ensure that the remotely piloted aircraft is protected from acts of unlawful interference;
(c) ensure that the remotely piloted aircraft is stored and prepared for flight in a manner that will prevent and detect tampering and ensure the integrity of vital systems;
(d) designate a security coordinator responsible for the implementation, application and supervision of the security controls; and
(e) ensure that all personnel employed in the deployment, handling, and storage of remotely piloted aircraft have received security awareness training.
(1) A remotely piloted aircraft shall not be launched or recovered from any public or private property without the consent of the relevant Authority.
(2) An RPAS pilot or the owner shall seek permission or notify the appropriate authorities, as well as people around the area before starting the operations.
(1) Any person conducting an operation using a remotely piloted aircraft fitted with cameras shall operate it in a responsible way to respect the privacy of others.
(2) A person shall not use a remotely piloted aircraft to do any of the following—
(a) conduct surveillance of—
(i) a person without the person’s consent, and
(ii) private real property without the consent of the owner; and
(b) photograph or film an individual, without the individual’s consent, for the purpose of publishing or otherwise publicly disseminating the photograph or film:
Provided that, the photograph or film is for newsgathering or is taken at the events or places to which the general public is invited.
(3) Infrared or other similar thermal imaging technology equipment fitted on remotely piloted aircraft shall be for the sole purpose of—
(a) scientific investigation;
(b) scientific research;
(c) mapping and evaluating the earth’s surface, including terrain and surface water;
(d) bodies and other features;
(e) investigation or evaluation of crops, livestock, or farming operations;
(f) investigation of forests and forest management;
(g) investigations of vegetation or wildlife; or
(h) investigation of other matters upon authorization by the Authority.
102. Use of FSTD for acquisition of experience and demonstration of competencies
The Authority shall approve and ensure that the use of an FSTD for acquiring the experience or performing any manoeuvre required during the demonstration of competencies for the issue of a remote pilot license or rating used is appropriate to the task.
103. Authorization to conduct instruction
(1) A person shall not carry out RPAS instruction, required for the issue of a remote pilot license or rating, unless he or she—
(a) holds a remote pilot license;
(b) has received RPAS instructor rating, on his or her remote pilot license, from the Authority;
(c) has been Authorized by the Authority to act as an agent of an approved training organization, carrying out flight instruction; or
(d) has received a specific Authorization from the Authority.
(2) A person shall not carry out RPAS instruction, on a flight simulation training device, required for the issue of a remote pilot license or rating, unless he or she—
(a) holds a remote pilot license;
(b) has the appropriate flight training experience; and
(c) has received a specific Authorization from the Authority.
(1) A holder of a remote pilot license issued under these Regulations shall not act as a pilot-in-command or co-pilot of an RPA engaged in international commercial air transport operations if he or she has attained the age of 60 years except where—
(a) the RPAS is equipped for dual pilot operation; and
(b) the flight crew of the RPA has an appropriately licensed remote pilot under the age of 60 years.
(2) A holder of a remote pilot license issued under these Regulations shall not act as a pilot-in-command or co-pilot of an RPA engaged in international commercial air transport if he or she has attained the age of 65 years.
105. General licensing requirement
A person shall not act either as a remote pilot-in-command or as remote co-pilot of an RPA unless, the person is the holder of a remote pilot license issued in accordance with the provisions of these Regulations in any of the following RPA categories—
(a) aeroplane;
(b) airship;
(c) glider;
(d) rotorcraft;
(e) powered-lift; or
(f) free balloon.
(1) An application for a student remote pilot license under these Regulations shall be made in form C set out under the fifth schedule and shall be accompanied by applicable fees.
(2) A person shall not act as a student remote pilot unless, he or she is issued with a student remote pilot license by the Authority in accordance with these Regulations.
(3) A student remote pilot shall not fly an RPA solo unless under the supervision of, or with the authority of, an authorized RPAS instructor.
(4) A student remote pilot shall not fly an RPA solo unless he or she holds a current Class 3 or a current Class 1 Medical Assessment.
(5) A student remote pilot license shall be valid for two years unless revoked or suspended.
(6) The Authority may re-issued a student pilot license once the applicant has satisfied requirements of this regulation.
(1) A person shall not fly an RPA without a valid license issued by the Authority in accordance with these Regulations.
(2) An applicant for an RPA pilot license referred to in sub-regulation (1) shall—
(a) be at least 18 years old;
(b) hold a current Class 3 or Class 1 Medical Certificate;
(c) have completed a course of training approved by the Authority;
(d) have passed a knowledge and skills test; and
(e) meet eligibility requirements appropriate for the license or rating applied for, and that the license or rating is not contrary to aviation safety.
108. Application for remote pilot license
(1) An application for a remote pilot license with RPAS rating under these Regulations shall be made in form C set out under the fifth schedule.
(2) An application under sub-regulation (1), shall include—
(a) a knowledge test report for airlaw and RPAS General Knowledge;
(b) a certified copy of a current class 3 or 1 medical certificate;
(c) applicable fees as may be determined by the Authority;
(d) a skills test report;
(e) proof of completion of approved training;
(f) certified copy of identity card for citizens or passport for non-citizens;
(g) certified copies of last three pages of the logbook;
(h) documents required for security vetting.
109. Knowledge tests: General procedures and passing grades
(1) The Authority or any person designated by the Authority shall conduct a knowledge test under these Regulations.
(2) An applicant for a knowledge test shall have proper identification at the time of application that contains the applicant’s—
(a) identity card with photo and signature for citizens or passport tor non-citizens; or
(b) date of birth, which shows the applicant meets or will meet the age requirements of these Regulations for the certificate sought before the expiration date of the applicant knowledge test report.
(3) The minimum passing grade for the knowledge test shall be determined by the Authority.
(1) An applicant for a remote pilot license shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of a remote pilot license and appropriate to the category of RPA and associated RPS intended to be included in the remote pilot license, in at least the following subjects—
(a) air law rules and regulations relevant to the holder of a remote pilot license; rules of the air; appropriate air traffic services practices and procedures;
(b) general RPAS knowledge, principles of operation and the functioning of engines, systems and instruments—
(i) operating limitations of the relevant category of RPA and engines; relevant operational information from the flight manual or other appropriate document,
(ii) use and serviceability checks of equipment and systems of appropriate RPA,
(iii) maintenance procedures for airframes, systems and engines of appropriate RPA,
(iv) for rotorcraft and powered-lifts, transmission (power trains) where applicable,
(v) use, limitation and serviceability of avionics, electronic devices and instruments necessary for the control and navigation of an RPA under Visual Flight Rules (VFR) where applicable,
(vi) flight instruments; gyroscopic instruments, operational limits and precession effects; practices and procedures in the event of malfunctions of various flight instruments where applicable,
(vii) for airships, physical properties and practical application of gases,
(viii) RPS general knowledge-principles of operation and function of systems and instruments, use and serviceability checks of equipment and systems of appropriate RPS, procedures in the event of malfunctions and detect and avoid capabilities for RPAS where applicable.
(2) An applicant shall have demonstrated all the competencies of the adapted competency model approved by the Authority at the level required, to act as remote pilot in command of an RPAS operation within the appropriate category of RPA and associated RPS.
An applicant under these Regulations shall in order to meet the training requirements of the remote pilot license have—
(a) completed an approved training course;
(b) acquired the competencies and underpinning skills required for performing as a remote pilot of an RPA certificated for operation under Visual Line-of-Sight (VLOS) during training;
(c) received dual remote pilot license training in an RPA and associated RPS, sought from an authorized RPAS instructor and the RPAS instructor shall ensure that the applicant has operational experience in all phases of flight and the entire operating envelope of an RPAS, including abnormal and emergency conditions, upset prevention and recovery training for the categories concerned.
An applicant shall in order to meet the experience requirements of the remote pilot license, have gained experience during training in operating the RPA and associated RPS to successfully demonstrate the competencies required for skills test.
113. Crediting of RPAS flight time
(1) A student remote pilot shall be entitled to be credited in full with all solo and dual instruction RPAS flight time towards the total flight time required for the initial issue of a remote pilot license.
(2) The holder of a remote pilot license shall be entitled to be credited in full with all dual instruction RPAS flight time towards the total RPAS flight time required for a remote pilot-in-command upgrade.
(3) The holder of a remote pilot license shall be entitled to be credited in full with all solo or dual instruction RPAS flight time, in a new category of RPA or for obtaining a new rating, towards the total RPAS flight time required for that rating.
(4) The holder of a remote pilot license, when acting as remote co-pilot of an RPA certificated for operation by a single remote pilot but required by a contracting state to be operated with a remote co-pilot, shall be entitled to be credited with not more than 50 per cent of the remote co-pilot RPAS flight time towards the total RPAS flight time required for a remote pilot-in-command upgrade and the contracting state may authorize that RPAS flight time be credited in full towards the total RPAS flight time required if the RPAS is equipped to be operated by a remote co-pilot and is operated in a multi-crew operation.
(5) The holder of a remote pilot license, when acting as remote co-pilot of an RPA certificated to be operated with a remote co-pilot, shall be entitled to be credited in full with this RPAS flight time towards the total RPAS flight time required for a remote pilot-in-command upgrade.
(6) The holder of a remote pilot license, when acting as remote pilot-in-command under supervision, shall be entitled to be credited in full with this RPAS flight time towards the total RPAS flight time required for a remote pilot-in-command upgrade.
114. Validity of remote pilot license
A remote pilot license shall be valid for a period of two years from the date of issue, unless suspended or revoked.
115. Time and place for knowledge and skills tests
(1) The Authority shall determine places and times for knowledge and skills tests and checks specified under these Regulations.
(2) A knowledge test shall be conducted in writing and in the format prescribed by the Authority.
(3) Where a knowledge test is for an instructor rating or additional rating within the same RPA category, the test may be performed orally.
(4) Where appropriate, a candidate may, in addition to written knowledge test, be questioned orally during the skills test.
(5) Tests shall be conducted by persons Authorized and designated by the Authority.
(6) An applicant for an RPAS shall, before attempting the skills test for a license or rating have passed the required knowledge test within 24 months before the month the applicant successfully completes the skills test.
PART IX Communication Systems and Procedures Relating to Remotely Piloted Aircraft Systems C2 Link
(1) The C2 Link shall only support the remote pilot tasks required for the safe and efficient operation of the RPAS.
(2) When the C2 Link includes support for the remote pilot tasks required for air traffic control (ATC) purposes, such as relay of ATC communications, the C2 Link performance shall, in a secure manner, meet the performance required for those tasks appropriate to the airspace requirements.
(1) The C2 Link service shall only be used for the transmission of information relating to the safe and efficient operation of the RPAS and be limited to the information described.
(2) The authority shall be responsible for documenting and implementing a C2CSP oversight process, in accordance with Civil Aviation (Aircraft Operations) Regulations.
(3) The duration between C2 Link initiation and C2 Link termination shall not exceed the time of flight and ground operations, plus the time necessary to perform safety and security checking before and after each flight.
(4) The C2 Link specification shall be commensurate with the C2 Link performance required for safe operations.
(5) The C2 Link’s QoSR shall be commensurate with the C2 Link specification required for safe operations.
(6) The C.2 Link’s QoSD shall be commensurate with the C2 Link QoSR.
(7) The C2 Link service area geographical coordinates and time of provision, intended for RPAS operational use, shall be validated and verified to ensure that C2 link service area is safe for use by its intended recipients.
(8) A pro-active process for anticipating and mitigating interrupted or lost C2 Link states shall be implemented and described by the C2CSP to the RPAS operator.
(9) The C2CSP shall notify the RPAS operator of any scheduled outages of the C2 Link service provision.
(10) Arrangements shall be in place to ensure that the scheduled outage does not affect any RPA during any phase of flight.
(11) The C2CSP shall notify the RPAS operator of any unscheduled degradation in their service provision, the kind of degradation being experienced and an estimated duration for that degradation.
(12) The C2CSP shall before providing any C2 Link service, demonstrate initial compliance with sub-regulations (1), (3) and (8) to the Authority.
(1) The C2 Link service area shall be compatible with the planned (including contingency) areas of operation of the RPA and the location of all of the RPSs involved in the operation.
(2) The RPA and RPS shall always remain within the C2 Link service area.
(3) To ensure the QoSR is always met, a margin to account for the expected worst-case propagation fluctuations in the received signal level shall be included while determining the C2 Link service area.
(1) Prior to the flight, the C2CSP shall provide the RPAS operator with appropriate means to establish that the C2 Link QoSD, security, and service area meet the requirements for safe operation of the planned flight (including contingency operations).
(2) In the case where the C2 Link service can be provided by more than one link, the RPAS shall use the link with the highest QoSD.
120. Establishment, assurance and termination of C2 Link
(1) Human factors principles shall be considered in the design of the RPS, in order for the remote pilot to manage the C2 Link during the flight and prevent its unintentional termination.
(2) Appropriate technical and procedural means shall be provided to the remote pilot to establish and maintain the C2 Link, including the interaction with the C2CSP and these means shall be documented in the operations manual.
(3) An indication shall be provided to the remote pilot when the C2 Link has been successfully established between the RPS and the RPA and when it is interrupted, lost or terminated.
(4) Information about any C2 Link-related outages that are planned to occur during the expected duration of the flight shall be provided to the remote pilot during flight planning.
(5) To verify that the C2 Link meets the QoSR as part of the pre-flight check of the RPAS, means shall be provided to the remote pilot.
(6) The procedure supporting the switchover between links or networks that comprise the entire C2 Link shall be contained in the operations manual.
(7) A remote pilot shall be provided with sufficient information on the QoSD of the accepting link or network to confirm that it will meet the QoSR before performing a switchover to another link or network.
(8) Switchovers between the links or networks that constitute the C2 Link during flight shall be minimized.
(9) The procedure and the phraseology supporting handover of the C2 Link provision between RPS shall be contained in the operations manual.
(10) The procedure supporting the handover shall include a report on the status of the QoSF of the C2 Link prior to initiating the handover.
(11) A handover shall only be initiated if the accepting RPS is able to confirm that its C2 Link with the RPA achieves the QoSR needed to ensure that the handover will be successful.
(12) The condition of a lost C2 Link state shall be initiated by the RPAS or through an action by the remote pilot when the performance of the C2 Link has been insufficient to enable active management of the RPA for longer than the lost C2 Link decision time.
(13) The duration of the lost C2 Link decision time shall be in accordance with the operational management and safety requirements of the airspace.
(14) Only a remote pilot shall terminate or authorize the termination of the C2 Link.
(15) The C2CSP shall not intentionally terminate a C2 Link without the explicit consent of the remote pilot.
121. Establishment and assurance of ATC Communications
(1) An ATC communication relayed through the RPA and the C2 Link shall be consistent with those defined for manned aircraft.
(2) Switchovers between links and networks that make up the C2 Link shall be avoided during transfer of ATC communications.
122. Contingency and Emergency procedures
(1) A remote pilot shall be provided with all the available RPAS status information pertinent to expedite the recovery of the C2 Link.
(2) A technical and procedural means shall be provided to indicate to the remote pilot, RPS and the RPA when the C2 Link has been successfully restored after a lost C2 Link state has occurred.
(3) From the lost C2 Link decision state, the RPAS shall either return to the nominal C2 Link state or enter the lost C2 Link state once the lost C2 Link decision time has been exceeded.
(4) After being in a lost C2 Link state, a remote pilot action shall be required to return the RPAS to a nominal C2 Link state, in accordance with the procedures contained in the operations manual.
(1) Information exchange between the RPS and RPA carried on the C2 Link shall be sufficiently secure to prevent unauthorized interference with the RPAS.
(2) An RPAS C2 Link design, monitoring system and operating procedures shall be such as to minimize the potential for any unauthorized control of the RPA or the RPS during any operating phases.
(1) An RPS controls and displays shall present data in a manner minimizing the potential for errors, misinterpretation or misunderstandings.
(2) A C2 Link state information shall be presented to the remote pilot and an indication of the C2 Link QoSD, in real-time, shall be provided to the remote pilot.
(1) An automatic monitoring system shall be implemented in the RPA and RPS, to provide an alert to the remote pilot if any of the following occur within the period of operation—
(a) RPA or RPS C2 Link and/or sub-system link and/or C2CSP emission has ceased;
(b) RPA or RPS C2 Link and/or sub-system link and/or C2CSP reception has ceased;
(c) transmission of the amount of information required for the safe control of the aircraft has fallen below a level specified by the type certificate holder;
(d) interruption of the C2 Link has occurred; or
(e) the C2 Link QoSD has degraded below the stated QoSR.
(2) A monitoring system shall provide an alert to the remote pilot in the event of the failure of the monitoring system itself.
(1) AC2 Link log, written or electronic, shall be maintained in each RPS.
(2) The record shall commence as soon as the C2 Link is established and end only after the C2 Link is terminated.
(3) A written log entry shall be made only by authorized and on-duty persons in the RPS.
(4) An Authorized on-duty person shall be remote pilots or any other person having knowledge of facts pertinent to the entries.
(5) All entries shall be complete, clear, correct, and intelligible. Unnecessary marks or notations shall not be made in the log.
(6) In written logs, any correction in the log shall be made by the authorized on-duty person and corrections shall be initialled, dated and a rationale given for traceability.
(7) The following information shall be entered in logs by an authorized on-duty person—
(a) the name of the authorized on-duty person in charge of the log;
(b) the identification of the RPS;
(c) the date;
(d) the time of opening and closing of the RPS;
(e) the time of establishment and termination of the C2CSP service;
(f) the time of establishment and termination of the C2 Link;
(g) the QoSE of the links and networks used;
(h) the reason for the switchover of links and networks that make up the C2 Link;
(i) the signature of the authorized on-duty person;
(j) all lost C2 Link and lost C2 Link decision state events, location of the RPA with time of occurrence, and probable assessed cause when practicable;
(k) any detected harmful or notable radio frequency interference, with as much detail as possible; and
(l) any information relevant to C2 Link provision considered by the remote pilot as valuable.
(8) In the log, all time related information shall use a UTC reference and all geographical related information shall use a WGS-X4 reference.
(9) A C2 Link message related to the C2 Link management shall be electronically recorded in the RPA and in any RPS which is in control of the RPA.
(10) A C2 Link management message record shall be retained for at least 30 days after completion of the flight and when the record is pertinent to accident and incident investigations, it shall be retained for longer periods until it is evident that the record will no longer be required.
(11) An RPA shall maintain an electronic log, automatically recording any information described in sub-regulation (1) to (8) that is available to it.
(12) An RPA shall maintain an automatically recorded electronic log of any received or transmitted ATC/remote pilot communication either voice or data, if relayed through the RPA.
(13) An RPS shall maintain an automatically recorded electronic log of any received and transmitted ATC/remote pilot communication either voice or data.
127. C2 Link Systems Description
(1) An RPAS communication system shall comprise the following systems—
(a) a communication system supporting communications external to the RPAS dedicated to the airspace requirements functions;
(b) a C2 Link communication system supporting communications internal to the RPAS, which comprises at a minimum—
(i) an interface with the RPS,
(ii) an interface with the RPA,
(iii) a transmitter located in the RPS communicating with a receiver located in the RPA, and
(iv) a transmitter located in the RPA communicating with a receiver located in the RPS.
(2) An RPAS shall be equipped with a lost C2 Link state detection system designed with a level of assurance that is in accordance with the intended operation.
(1) An RPAS C2 Link system shall be operated only in frequency bands which are appropriately allocated and protected by the ITU Radio Regulations.
(2) A link system frequency assignment planning shall be designed to provide immunity from harmful interference and not create harmful interference.
(1) A C2 link system shall enable the RPA to unambiguously and at any time ensure that it is controlled by an authorized RPS.
(2) The total period of radiation of the C2 Link system transmitters shall be as short as practicable, consistent with the need for avoiding saturation of the spectrum while limiting interruption of the C2 Link.
(3) A C2 link system radio frequency transmitters shall radiate no more power than is necessary to achieve the C2 Link specification.
130. Data transmission characteristics
(1) A C2 link system message sequencing shall be based on priority criteria.
(2) A C2 link system messages sequence management shall use timestamping.
(3) The order of priority of the transmission of information between the RPS and the RPA shall be—
(a) RPA flight control and configuration messages;
(b) high priority detect and avoid (DAA) messages;
(c) air traffic control communications including distress calls and urgency messages;
(d) flight safety telemetry messages including low priority DAA messages;
(e) other flight safety messages;
(f) routine telemetry messages;
(g) air traffic services other than ATC communications; and
(h) other messages.
(4) The order of priority defined in sub-regulation (3) shall be for the transmission of information over the C2 Link only.
(5) The order of priority of messages transmitted by communication systems other than the C2 Link shall remain as listed in Civil Aviation (Communication Procedures) Regulations and Civil Aviation (Communications Systems) Regulations.
(6) Distress and urgency messages shall be as defined in Civil Aviation (Communication Procedures) Regulations.
An QoSD of the C2 Link system shall be sufficient to support the operational and performance requirements for ATC service in the planned and contingency areas of operation of the RPA.
132. C2 Link communication service providers (C2CSP)
(1) An RPAS operator shall establish a service level agreement (SLA) with one or more C2CSPs concerning the C2 Link service provision.
(2) An C2CSP shall ensure that the QoSD is at any time meeting the QoSR.
(3) An C2ClSP shall conduct, with RPAS operators, real-time interference monitoring, estimation and prediction of interference risks and planning solutions for potential harmful interference scenarios under the oversight of the authority.
(4) An C2CSPs, RPAS operators and authority shall act immediately when their attention is drawn to any harmful interference.
(5) An C2CSP shall have the qualified resources and adequate documentation that will allow authority to perform oversight.
(6) A terrestrial C2 communication service provider shall operate in frequency spectrum with an allocation as described in Civil Aviation (Aeronautical Radio Frequency Spectrum Utilisation) Regulations.
(7) A satellite C2 communication service providers shall—
(a) operate in frequency spectrum with an allocation as described in Civil Aviation (Aeronautical Radio Frequency Spectrum Utilisation) Regulations;
(b) provide service level agreement(s) (SLAs) between satellite C2CSPs and RPAS operators and shall ensure that, once a satellite network has completed successful coordination, which guarantees the level of protection necessary to ensure the overall RPAS C2 Link QoSD, the protection level is not eroded as a result of subsequent satellite coordination agreements;
(c) provide SLAs between satellite C2CSPs and RPAS operators and shall ensure that satellite C2CSPs act immediately when their attention is drawn to any harmful interference;
(d) ensure that the satellite C2CSP shall be responsible for ensuring that once a satellite network has completed successful coordination, the C2 Link specifications continue to be met as a result of subsequent agreements between satellite operators.
PART X
General Provisions
(1) An RPAS operator shall establish a system of record-keeping that allows adequate storage and reliable traceability of all activities developed, covering at a minimum—
(a) operator’s organization;
(b) Safety Management Systems (SMSs);
(c) personnel training and competence verification;
(d) documentation of all management system key processes;
(e) maintenance records; and
(f) security management records.
(2) The records under sub-regulation (1), shall be stored in a manner that ensures protection from damage, alteration and theft.
(3) The records identified in this regulation shall be current and in a sufficient detail to determine whether the experience and qualification requirements are met for the purpose of commercial operations.
(1) A holder of a license, certificate or Authorization issued by the Authority shall have it in his or her physical possession or at the work site when exercising the privileges of that license, certificate or Authorization.
(2) A crew member of a foreign registered RPA shall hold a valid license, certificate or Authorization, including an appropriate and current medical certificate, issued by the State of Registry and have it in his or her physical possession or at the work station when exercising the privileges of that license, certificate or Authorization.
135. Use of psychoactive substances
(1) A holder of a license, rating or a certificate issued under these Regulations shall not exercise the privileges of the license, rating or certificate while under the influence of any psychoactive substance, by reason of which human performance is impaired.
(2) A person whose function is critical to the safely of aviation (safety-sensitive personnel) shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired.
(3) A person referred to in sub-regulation (1) and (2) shall not engage in any kind of problematic use of substances.
136. Drug and alcohol testing and reporting
(1) A person who performs any function requiring a license, rating, qualification or Authorization prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage.
(2) A person who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—
(a) be denied any license, certificate, rating, qualification, or Authorization issued under these Regulations for a period of up to one year from the date of that refusal; or
(b) have his or her license, certificate, rating, qualification, or Authorization issued under these Regulations suspended or revoked.
(3) Any person who is convicted for the violation of any law relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances shall—
(a) be denied any license, certificate, rating, qualification, or Authorization issued under these Regulations for a period of up to one year after the date of conviction; or
(b) have his or her license, certificate, rating, qualification, or Authorization issued under these Regulations suspended or revoked.
137. Inspection of licenses, ratings and certificates
A person who holds a license, certificate, or Authorization required by these Regulations shall present it for inspection upon a request from the Authority or any person Authorized by the Authority.
138. Change of name and address
(1) A holder of a license, certificate or Authorization issued under these Regulations may apply to change the name on a license or certificate.
(2) The holder of a license shall include with any such request—
(a) the current license or certificate; and
(b) a court order, or other legal document verifying the name change;
(3) The Authority may change the license, certificate or Authorization and issue a replacement thereof.
(4) The Authority shall return to the holder the original documents specified in sub-regulation 2 (b) and retain copies thereof and return the replaced license, certificate or Authorization with the appropriate endorsement.
(5) A holder of a license, certificate, or Authorization issued under these Regulations shall notify the Authority of the change in the physical and mailing address and shall do so in the case of—
(a) physical address at least fourteen days in advance;
(b) mailing address upon the change.
A person may apply to the Authority for replacement of documents issued under these Regulations if the documents are lost or destroyed.
(1) The Authority may charge fees in connection with the issue, validation, renewal, extension or variation of any license or other document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations, as the Authority may determine.
(2) Upon an application being made in connection with which any fee is chargeable in accordance with sub-regulation (1), the applicant shall be required, before the application is considered, to pay the fee so chargeable.
(3) If, after the payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.
141. Application for exemption
(1) A person may apply to the Authority for an exemption from these Regulations.
(2) An application for an exemption shall be submitted at least 60 days in advance of the proposed effective date.
(3) A request for an exemption shall contain the applicant’s—
(a) name;
(b) physical address and mailing address;
(c) telephone number;
(d) facsimile number, if available; and
(e) electronic mail address, if available.
(4) An application under this regulation shall be accompanied by a fee determined by the Authority, for technical evaluation.
(5) An application under this regulation shall be accompanied by safety and security risk assessment.
142. Requirements for exemption
(1) An application for an exemption shall contain the following—
(a) a citation of the specific requirement from which the applicant seeks exemption;
(b) an explanation of why the exemption is needed;
(c) a description of the type of operations to be conducted under the proposed exemption;
(d) the proposed duration of the exemption;
(e) an explanation of how the exemption would be in the public interest;
(f) a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question;
(g) a detailed description of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware;
(h) if the applicant seeks to operate under the proposed exemption outside of Botswana’s airspace, an indication whether the exemption would contravene any provision of the International Civil Aviation Organization Standards and Recommended Practices as well as the Regulations pertaining to the airspace in which the operation will occur; and
(i) the application shall be accompanied by safety and security risk assessment.
(2) Where the applicant seeks emergency processing of an application for emergency, the application shall contain supporting facts and reasons why the application was not timely filed, and the reasons why it is an emergency.
(3) The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply for an exemption within the specified time.
(1) The Authority shall review the application for accuracy and compliance with the requirements under these Regulations.
(2) If the application satisfies the requirements of this regulation and the Authority determines that a review of its merits is justified, the Authority shall publish a detailed summary of the application in the Gazette for comments and specify the date by which comments may be received by the Authority for consideration.
(3) Where the requirements of these Regulations have not been met, the Authority shall notify the applicant and take no further action until the applicant corrects the application and re-files it in accordance with these Regulations.
(4) Where an applicant makes an emergency application, the Authority shall publish the application or the Authority’s decision as soon as possible after processing the application.
(1) The Authority shall upon receipt of any comments, conduct an evaluation of the request to determine whether—
(a) an exemption would be in the public interest;
(b) the applicant’s proposal would provide a level of safety equivalent to that established by law;
(c) a grant of the exemption would contravene the applicable International Civil Aviation Organization Standards and Recommended Practices; and
(d) the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.
(2) Where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis.
(3) The Authority shall notify the applicant in writing and shall give a detailed summary of its evaluation and decision to grant or deny the request.
(4) The summary referred to in sub-regulation (3) shall specify the duration of the exemption and any conditions or limitations of the exemption.
(5) Where the exemption affects a significant population of the aviation community of Botswana, the Authority shall publish the summary in the aeronautical information circular.
(6) The Authority shall conduct in the period granted, a periodic review of the exemption and maintain validity of the exemption, to the applicant as it deems necessary, given the operational complexity of the Regulation.
145. Open (low-risk) operations
(1) The Authority shall determine the requirements for the operation of RPA involved in low risk operations.
(2) For purposes of these Regulations, low risk operations are operations conducted within defined limitations (e.g. visual line-of-sight (VLOS) only, specified distances from aerodromes and persons, maximum height above ground level (ACL), etc.).
(1) A person shall not operate, or cause to be operated or commit any other person to operate a RPAS unless, there is in force an adequate insurance policy in respect of third party risks.
(2) The minimum sum of insurance in respect of an RPAS insured in accordance with sub-regulation (1) shall be determined by the Authority.
(3) An operator of RPAS shall make available third party liability insurance certificate, in authentic form, at the location of the RPAS operator’s operational management or other location specified by the Authority.
(4) Notwithstanding the provisions of regulation (1), the Authority may dispense with requirement depending on the class and category of the RPAS.
(1) Any person may report to the Authority any violation made under these Regulations.
(2) The Authority shall determine the nature and type of any additional investigation or enforcement action that requires to be taken in case of any violations under these Regulations.
(1) A pilot or any person in charge of an RPAS or the owner thereof who operates, or causes to be operated or commits any other person to operate the RPAS in such a manner as to endanger the safety of the air space, other aircraft, persons and property on the ground, commits an offence and shall be liable on conviction to a fine not exceeding P50 000 or to imprisonment for a term not exceeding six months or both.
(2) A person who operates an RPAS, without Authorization commits an offence and on conviction shall be liable to a fine not exceeding P50 000 or imprisonment for a term not exceeding six months or both.
(3) A person who fails to display a unique identifier or the registration number of a RPAS commits an offence and on conviction shall be liable to a fine not exceeding P50 000 or imprisonment for a term of not exceeding six months or both.
(4) A person who operates, or causes to be operated or commits any other person to operate an RPAS which is not registered by the Authority, commits an offence and on conviction shall be liable on conviction to a fine not exceeding P50 000 or imprisonment for a term not exceeding six months or both.
(5) An RPAS operator who fails to comply with any of the obligations provided by these Regulations shall be liable to a fine not exceeding P50 000 or to imprisonment for a term of not exceeding six months or both.
(6) Any person who contravenes any of the provisions of these Regulations may have his or her license, certificate, approval, Authorization, exemption or other such document issued by the Authority, revoked or suspended.
(7) A person who contravenes any of the provisions of these Regulations for which a penalty has not been specified commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
(8) A person who contravenes any provision in any document issued or published by the Authority other than an advisory document, for purposes of these Regulations commits an offence and is liable to a fine not exceeding P50 000, or to imprisonment for a term not exceeding 10 years, or to both.
Any license, certificate or Authorization issued before the coming into operation of these Regulations in respect of any RPAS shall remain valid until it expires.
FIRST SCHEDULE
APPLICATION FORM
(reg. 8)
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LOGO |
Civil Aviation Authority of Botswana |
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Application for Registration or Operation of Remotely Piloted Aircraft (RPA) |
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1. Name of the owner |
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2. Nationality |
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3. Physical address |
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4. Telephone (mobile) |
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5. Type of Remotely Piloted Aircraft (RPA) (as described by the manufacturer) |
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6. Name of the manufacturer |
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7. Remotely Piloted Aircraft Manufacturer’s Serial Number |
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8. Details of equipment fitted or to be carried (e.g. |
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SECOND SCHEDULE
(reg. 52.62)
Licensing of RPAS Pilot
The Schedule sets forth the eligibility and training requirements for the certification of RPAS Pilots.
Required certificate, ratings and qualifications for Remote Pilot Certificate.
1. Knowledge and skill requirements
(a) The applicant shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of a remote pilot license and appropriate to the category of RPA and associated RPS intended to be included in the remote pilot license, in at least the following subjects:
Air law
(i) rules and regulations relevant to the holder of a remote pilot license; rules of the air; appropriate air traffic services practices and procedures;
(ii) rules and regulations relevant to flight under IFR; related air traffic services practices and procedures;
General RPAS knowledge
(i) principles of operation and the functioning of engines, systems and instruments;
(ii) operating limitations of the relevant category of RPA and engines; relevant operational information from the flight manual or other appropriate document;
(iii) use and serviceability checks of equipment and systems of appropriate RPA;
(iv) maintenance procedures for airframes, systems and engines of appropriate RPA;
(v) for rotorcraft and powered-lifts, transmission (power trains) where applicable;
(vi) use, limitation and serviceability of avionics, electronic devices and instruments necessary for the control and navigation of an RPA under IFR and in instrument meteorological conditions;
(vii) flight instruments; gyroscopic instruments, operational limits and precession effects; practices and procedures in the event of malfunctions of various flight instruments;
(viii) for airships, physical properties and practical application of gases;
(ix) RPS general knowledge:
1. principles of operation and function of systems and instruments;
2. use and serviceability checks of equipment and systems of appropriate RPS;
3. procedures in the event of malfunctions;
(x) C2 link general knowledge:
1. different types of C2 links and their operating characteristics and limitations;
2. use and serviceability cheeks of C2 link systems;
3. procedures in the event of C2 link malfunction;
(xi) detect and avoid capabilities for RPAS;
Flight performance, planning and loading
(i) effects of loading and mass distribution on RPA handling, flight characteristics and performance; mass and balance calculations;
(ii) use and practical application of take-off, landing and other performance data;
(iii) pre-flight and en-route flight planing appropriate to RPAS operations under IFR; preparation and submission of air traffic services flight plans under IFR; appropriate air traffic services procedures; altimeter setting procedures;
(iv) in the case of airships, rotocraft and powered-lifts, effects of external loading on handling;
Human performance
(i) human performance relevant to RPAS and instrument flight, including principles of TEM;
Meteorology
(i) interpretation and application of aeronautical meteorological reports, charts and forecasts; use of, and procedures for obtaining, meteorological information, pre-flight and in-flight; altimetry;
(ii) aeronautical meteorology; climatology of relevant areas with respect to the elements having an effect on aviation; the movement of pressure systems, the structure of fronts, and the origin and characteristics of significant weather phenomena which affect take-off, en-route and landing conditions;
(iii) causes, recognition and effects of icing; frontal zone penetration procedures; hazardous weather avoidance;
(iv) in the case of rotorcraft and powered-lifts, effects of rotor icing;
(v) in the case of high attitude operations, practical high attitude meteorology, including interpretation and use of weathers reports, charts and forecasts; jet streams;
Navigation
(i) air navigation, including the use of aeronautical charts, instruments and navigation aids; an understanding of the principles and characteristics of appropriate navigation systems; operation of RPAS equipment;
(ii) use, limitation and serviceability of avionics and instruments necessary for control and navigation;
(iii) use, accuracy and reliability of navigation systems used in departure, on-route, approach and landing phases of flight; identification of radio navigation aids;
(iv) principles and characteristics of self-contained and external-referenced navigation systems; operation of RPAS equipment;
Operational procedures
(i) application of TLM to operational performance;
(ii) interpretation and use of aeronautical documentation such as Aeronautical Information Publications (AIP), Notice to Airmen (NOTAM), aeronautical codes and abbreviations and instrument procedure charts for departure, en-route, descent and approach;
(iii) altimeter setting procedures;
(iv) appropriate precautionary and emergency procedures; safety practices associated with flight under IFR; obstacle clearance criteria;
(v) operational procedures for carnage of freight; potential hazards associated with dangerous goods and their management;
(vi) requirements and practices for safety briefings to remote flight crew members;
(vii) in the case of rotorcraft, and if applicable, powered-lifts, settling with power; ground resonance; retreating blade stall; dynamic rollover and other operating hazards; safety procedures, associated with flight in Visual Meteorological Conditions (VMC);
(viii) operational procedures for handovers and coordination;
(ix) operational procedures for normal and abnormal C2 link operations;
Principles of flight
(i) principles of flight; and
Radiotelephony
(i) communication procedures and phraseology; action to be taken in case of communication failure.
(b) An applicant for a remote pilot certificate shall pass a skill test to demonstrate the ability to perform, as remote PIC of the appropriate RPA category and associated RPS, the relevant procedures and maneuvers with the competency appropriate to the privileges granted.
2. Credit
A holder of a license issued by the Authority may be credited towards the requirements for theoretical knowledge instruction and examination requirements for the remote pilot certificate.
3. Passing Grade
The Authority shall determine the minimum passing grade.
4. Retesting after failure
An applicant for a knowledge or practical test who fails that test, may retest after the applicant has received the necessary training from an Authorized instructor who has determined that the applicant is proficient to pass the test.
5. Special conditions
(a) In the case of introduction of new RPA or RPS in an operator’s fleet, when compliance with the requirements established by the Authority is not possible, the Authority may consider issuing a specific Authorization giving privileges for RPAS instruction. Such an Authorization shall be limited to the instruction flights necessary for the introduction of the new type of RPA or RPS.
(b) The validity period for this Authorization shall be for the instruction sought only.
THIRD SCHEDULE
(reg. 45)
RPAS Operations Manual
An operations manual shall include each item set forth below which is applicable to the specific operation, unless otherwise approved by the Authority.
Part A — General
1.0 INTRODUCTION
1.1 Purpose and scope of manuals
1.2 A statement that the manual complies with all applicable Authority regulations and requirements and with the terms and conditions of the applicable RPAS operator certificate
1.3 A statement that the manual contains operational instructions that are to be complied with by the relevant personnel in the performance of their duties
1.4 List of manuals comprising operations manual
1.5 A list and brief description of the various operations manual parts, their contents, applicability and use
1.6 Responsibility for manual content
1.7 Responsibility for manual amendment
1.8 List of effective pages
1.9 Distribution of manuals and amendments
2.0 SAFETY MANAGEMENT SYSTEM
2.1 Safety Policy
2.2 Description of safety management system
2.3 Accident and Investigation policies
3.0 QUALITY SYSTEM
3.1 Description of quality system adopted
4.0 MANAGEMENT ORGANIZATION
4.1 A description of the organizational structure including the general company organization and operations department organization. The relationship between the operations department and the other departments of the company. In particular, the subordination and reporting lines of all divisions, departments etc., which pertain to the safety of the RPAS operations, shall be shown
4.2 Accountable Manager duties and responsibilities
4.3 Nominated personnel-Functions duties and responsibilities
4.4 RPAS Pilot-duties and responsibilities
4.5 Support personnel in the operation of RPAS duties and responsibilities
4.6 A description of the objectives, procedures and responsibilities necessary to exercise operational control with respect to flight safety
5.0 DOCUMENTATION
5.1 Documents required in RPAS operations
5.2 Document storage and retention period
Part B — RPAS Operating Information
1.0 CREW INFORMATION
1.1 Flight team or crew composition
1.2 Qualification requirements of RPAS Pilot and support crew
1.3 Medical competencies
1.4 Operations of different types of RPAS
2.0 OPERATIONS OF RPAS
2.1 Operating site location and assessment
– Risk management
– Pre-notification
– Site permission
– Preparation and serviceability of equipment and remotely piloted aircraft operating limitations and conditions
2.2 Communications
2.3 Weather
2.4 On site procedures and pre-flight procedures
– Site survey
– Selection of operating area and alternate
– Crew briefing
– Cordon procedure
– Loading of equipment
– Preparation and correct assembly of the remotely piloted aircraft
– Pre-flight checks on remotely piloted aircraft and equipment
– Start
– Take-off
– In flight
– Landing
– Shutdown
3.0 RPAS FLIGHT MANAGEMENT
3.1 Assembly and functional checks
3.2 Pre-flight checks
3.3 Normal flight procedures associated with relevant systems
3.4 Inflight checks associated with relevant systems
3.5 Abnormal procedures associated with relevant systems
3.6 Emergency Procedures associated with relevant systems
– Appropriate to the remotely piloted aircraft and control system
– Fire
– Accidents
4.0 RPAS USER MANUAL
Part C — Areas Routes and Aerodromes
1.0 Areas of operations
2.0 Operating site planning and assessment
3.0 Authorizations including site permissions
Part D — Training
1.0 Training syllabi and checking programs for RPAS crew
2.0 Training syllabi and checking programs for RPAS support crew
3.0 Training syllabi and programs for personnel other than crew
4.0 Recurrent training programs
5.0 Additional training requirements that individual clients specify for the proposed operations.
FOURTH SCHEDULE
(reg. 66)
Operational Guidelines for RPAS Clubs
The following requirements shall apply to RPAS clubs intending to operate for sport and recreation as required under regulations 59 and 60 in Part V of these Regulations.
General Provisions
1. A RPAS club shall be registered in accordance with the provisions pertaining to the registration of clubs in Botswana for it to be recognised and approved by the Authority.
2. No RPAS club shall operate without the approval by the Authority.
3. The club is required to develop an operational manual that provides for—
(a) membership requirements;
(b) administration of members;
(c) training requirements for its members;
(d) procedures and guidelines of operations;
(e) types of operation;
(f) class of equipment operated;
(g) security arrangement for operations; and
(h) reporting mechanisms of incidents and accidents of the RPAS operations.
Administration of the club
4. The club management shall ensure that members—
(a) have adequate training to facilitate operations;
(b) are informed on current regulations, policies and procedures;
(c) adhere to safe business practices in their activities;
(d) are knowledgeable of airspace restrictions that apply in the area of operation as approved; and
(e) are conversant with and meet the training requirements of the club.
Responsibility of the club management
5. The administrator of the club shall—
(a) obtain consent of the property owner or person in charge of the area of operation;
(b) ensure that the club’s recognition status is current with the Authority;
(c) develop and operationalise a training programme and plan for their membership;
(d) a current list of members and particulars of their RPAS;
(e) maintain a record or database of all accidents and incidents that occur within their area of jurisdiction;
(f) ensure that it has adequate personnel are properly qualified and competent to perform their allocated tasks and responsibilities;
(g) have procedures for responding to an incident, accident, medical emergency, or if any RPAS becomes uncontrollable;
(h) immediately stop all operations if unable to meet the exemption requirements or if the safety of a person, property or other aircraft is at risk;
(i) ensure that club activities does not interfere with civil aviation;
(j) Adhere to laws from all levels of Government;
(k) inspect their RPAS on site before conducting of any flight to ensure that they are safe.
FIFTH SCHEDULE
FORM A
APPLICATION FOR AIRCRAFT REGISTRATION
SIXTH SCHEDULE
REPUBLIC OF BOTSWANA
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RPAS CERTIFICATE OF REGISTRATION |
CAAB Form AIR 269 |
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1. Nationality and Registration Marks |
2. Manufacturer and Model |
3. Serial No. |
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4. Name of Owner |
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5. Address of Owner |
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6. Its is hereby certified that the above described Remotely Piloted Aircraft has been duly entered on the Register of the Republic of Botswana in accordance with the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations, 2021. |
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Date of Issue:
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Signature
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No Entries or Endorsements may be made on this Certificate of Registration except by Authorized Officer of the Civil Aviation Authority of Botswana. |
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If this Certificate is lost, kindly return it to the Civil Aviation Authority of Botswana, P. O. Box 250 Gaborone, Botswana. |