Recent Amendments to the Civil Aeronautics Act Regarding Drone Flights: Drone Flights Authorized Over Populated Areas

In Japan, drones weighing 100 g or more are categorized as “Unmanned Aircraft” and are subject to the regulations contained in the Civil Aeronautics Act.

The Civil Aeronautics Act was amended on December 5, 2022 (the “Revised Civil Aeronautics Act”) dividing drone flights into three categories under Japanese Law. The amendments also relaxed the regulations applicable to drone flights more generally. Under the Revised Civil Aeronautics Act, unaided drone flights which fly beyond the line of sight of an operator without an assistant in populated areas — banned under the previous regime — are now defined as “Category III Flights” and are permitted subject to the satisfaction of certain conditions, which include the obtaining of a permit and approval for each flight.

With respect to newly named Category II Fright, under the previous regime, a permit and an approval was needed for each drone fight over unpopulated areas or over populated areas with entry control measures. These types of flights now fall under the label of “Category II Flights” under the Revised Civil Aeronautics Act, and subject to the satisfaction of certain conditions, no longer require a permit and approval prior to each individual flight.

As a result of the introduction of Category III Flights, it will be possible for drones to fly over central areas of Tokyo subject to the obtaining of a permit and approval for each flight without having to organize entry control measures over the flight path.

As a result of the relaxation of regulations concerning Category II Flights, it will be possible to establish “drone ports” in uninhabited/underpopulated areas and run logistics businesses utilizing drones without the need to obtain a permit and approval for each flight (provided that the necessary conditions are met). It is expected that these updates brought about by the Revised Civil Aeronautics Act will expand the possibilities for running drone-related businesses in Japan.

In this Alert, we will explore key sections of the Revised Civil Aeronautics Act and outline the requirements for drone flights under each of its three new categories.

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