First-step analysis: drone operations and maintenance in Argentina

Operations and maintenance

Does the ‘one drone, one pilot’ rule apply in your jurisdiction?

Yes. Article 19 of the National Administration of Civil Aviation (ANAC) Resolution 885/2019 establishes that simultaneous operation of more than one air vehicle by the same remote pilot station is prohibited, but in the case of a drone for commercial use, ANAC could make an exception when an operation with the same pilot station adjusts to the conditions provided by the manufacturer and has proper planification for risk mitigation.

Nevertheless, the Resolution includes the observer, whose principal function is to assist the pilot in the operation.

Do specific rules regulate the maintenance of drones?

Every drone operator must ensure that the equipment involved in the operation can provide a safe flight.

All drone operators must ensure that they comply with the preventive maintenance recommended by the manufacturer’s manual.

What rules and restrictions apply to flights performed in ‘visual line of sight’ (VLOS) and ‘beyond visual line of sight’ (BVLOS)? Is there a distinction in this regard?

Following article 10 of Annex I of ANAC Resolution 885/2019, the general rule is that a drone must operate under VLOS standards and, exceptionally, with authorisation from ANAC, will be allowed to carry out BVLOS operations for sports events, commercial purposes, scientific purposes and security.

What rules and restrictions apply to critical and non-critical operations? Is there a distinction in this regard?

ANAC Resolution 885/2019 limits the operations of drones. One restriction refers to the prohibition of operating at night or with visual meteorological conditions that do not allow safe operation. In addition, several restrictions are established (eg, specified areas, heights, public safety). All restrictions may be waived by ANAC if there are reasonable arguments and the operator proves that certain risks will be mitigated by the adoption of relevant measures.

Is air transport via drone (eg, cargo and mail) regulated in your jurisdiction? If so, what requirements, limitations and restrictions apply?

Yes, air transport via drone is regulated. To operate a drone for commercial purposes operators must obtain certification as a drone operator, which specifies the type of operation for which it is authorised and what kind of drone will be used. Cargo transportation can be operated with prior and express authorisation from ANAC. The transportation of people, animals and hazardous substances is prohibited.

Do any specific provisions governing consumer protection and tracking systems apply with respect to cargo and delivery operations via drone?

There are no specific provisions governing consumer protection that apply with respect to cargo and delivery operations via drones. In accordance with Law 24,240 as amended, if damage is committed by a drone, parties may use this legal framework to claim for damages.

What insurance requirements apply to the operation of drones?

Insurance requirements are contained in the following.

• Article 36 of ANAC Resolution 885/2019 establishes mandatory insurance for drones operated for commercial activities.
• Article 41 of ANAC Resolution 885/2019 sets forth that for drone operation for scientific proposes, mandatory insurance is required.
• Article 28 of ANAC Resolution 885/2019 sets forth that drone classes C, D and E that operate for leisure are also require mandatory insurance.

In the three cases mentioned above, the risk coverage must comply with the following general conditions determined by the Superintendency of Insurance of the Nation.

• Article 45 of ANAC Resolution 885/2019 sets forth that for drone operation for sports purposes, the event organiser must have insurance for sports events without prejudice to the compulsory insurance policy for the use of the drone that is part of the event.
• Article 49 of the ANAC Resolution 885/2019, establishes that drones for security purposes require insurance. In this case, the amount of the premium must not be below 2,000 Argentine gold pesos.
• Article 32 of the ANAC Resolution 885/2019 also establishes the amount mentioned above in cargo operations.

The Argentine gold peso is the currency used for the limitations of liability established by the Argentine Aeronautical Code. This currency, which is not currently used in Argentina, is quoted by the Argentine Central Bank.

What safety requirements apply to the operation of drones?

The main objective of ANAC is to achieve and maintain the highest uniform level of possible safety in the case of drones. This means ensuring the safety of airspace users as well as the safety of persons and goods on the ground.

According to article 13 of ANAC Resolution 885/2019, drones may not be operated above 43 metres from the coordinate plane of the closest threshold within a controlled airspace. No drones can be operated within a radius of 5km of the runway threshold. Exceptionally and whenever the nature of the operation so requires and appropriate safety measures are established, the Argentine Air Navigation Company (EANA) may grant special authorisation for operation in the areas mentioned above.

In case of operation in non-controlled airspace, drones are limited to operate up to a maximum height of 120 metres above ground level, unless special authorisation has been obtained by EANA. There are also restrictions on operating in specific areas, though ANAC and EANA can make exceptions for certain conditions. Depending on the case and the relevant authority, the interested party may also submit a formal request to have certain conditions excluded.

Law stated date

Give the date on which the information above is accurate.

11 August 2020.