Introduction
If you’re reading this, you’re likely a drone enthusiast, not just someone with a casual interest. And you’ve come to the right place.
Just as a car requires a driver’s license to be legally operated on public roads, flying a drone in Japan requires a deep understanding of the Civil Aeronautics Act. Without this knowledge, you risk unintentionally breaking the law, which could lead to severe penalties. Conversely, a solid grasp of these regulations can open up new opportunities for both personal and professional use.
As a certified administrative scrivener specializing in drone law, I’m here to demystify the rules. Drone regulations are a new and evolving field, with frequent revisions. By first understanding the big picture, you’ll be well-equipped to stay up-to-date with any changes.
What is the Civil Aeronautics Act?
The Civil Aeronautics Act is the primary law governing all aircraft in Japan, including drones. While legal texts can seem daunting, they are often structured logically. The first article outlines the law’s purpose, and the second provides key definitions.
Let’s look at the official text for a simplified explanation:
Article 1 (Purpose): This law aims to ensure flight safety and prevent hazards by setting standards for manned and unmanned aircraft, in line with international conventions. It also promotes the development of aviation for the public good.
Article 2, Section 21 (Definition): “Unmanned Aircraft” (which you can interpret as “drones”) are defined as aircraft that cannot be occupied by a person and are capable of being flown by remote control or automatic piloting. The law does not apply to drones whose flight does not pose a risk to aviation or public safety.
This is where the famous sub-100g rule comes from. Under this law, drones weighing less than 100g (the combined weight of the drone body and battery) are exempt from many of the core regulations. This is explicitly stated in Article 5-2 of the Civil Aeronautics Act Enforcement Regulations.
Once you understand the purpose and definitions, you’ve grasped the fundamental concepts of drone law in Japan. Now, let’s dive into the specifics.
Drone Registration in Japan
The Civil Aeronautics Act, specifically from Chapter 11, addresses rules for unmanned aircraft. Let’s start with registration.
Article 132 (Registration): The Minister of Land, Infrastructure, Transport and Tourism registers unmanned aircraft in the Unmanned Aircraft Registry, as defined in this chapter.
If you own a drone weighing 100g or more, it must be registered. You can complete the application online through the official Unmanned Aircraft Registration Portal website of the MLIT.
Keep in mind, you must apply to deregister your drone within 15 days if any of the following occur:
- The registered drone is lost or dismantled.
- Its whereabouts have been unknown for two months.
- It no longer qualifies as an unmanned aircraft.
- Its registration has been revoked.
Pilot Licensing and Skills Certification
The so-called “national drone license” is also governed by the law.
Article 132-40 (Skills Certification): The Minister of Land, Infrastructure, Transport and Tourism may issue Unmanned Aircraft Pilot Skills Certificates upon application.
This is the certification you need to operate a drone in Japan. The general process is:
- Complete a training course at a certified training institution.
- Take an exam at a designated testing center.
- Apply for your skills certificate.
The certificate is valid for three years, and you must be at least 16 years old to apply. There are two classes: Class 1 and Class 2, which determine what you are permitted to do.
Drone flights are categorized into four levels based on risk:
- Level 1: Manual flying within the visual line of sight.
- Level 2: Automated/autonomous flying within the visual line of sight.
- Level 3: Beyond visual line of sight (BVLOS) flight in unpopulated areas without an assistant.
- Level 4: BVLOS flight in populated areas without an assistant.
A Class 2 license allows for flights up to Level 3. Only a Class 1 license permits Level 4 flights.
Understanding No-Fly Zones
To fly legally, you must understand where you are prohibited from flying.
Article 132-85 (Prohibited Airspace): No person may fly an unmanned aircraft in the following airspaces without permission from the Minister of Land, Infrastructure, Transport and Tourism.
The four key restricted areas are:
- Airspace Above 150m: This refers to the altitude above the ground or water surface. You need permission to fly over 150m, even if you are on top of a 3000m mountain.
- Around Airports: This is not just a simple distance but a complex airspace that includes controlled zones. The specific rules vary by airport. You can check the details using the GSI Maps provided by the Geospatial Information Authority of Japan.
- Densely Inhabited Districts (DID): These are highly populated areas where the risk of accidents is high. Flying is generally prohibited, even on your own private property within a DID zone. The GSI Maps also show these areas in red.
- Emergency Airspace: These are temporary no-fly zones designated for emergency services like fire and rescue helicopters. Announcements are made on the MLIT website and are lifted without prior notice. Flights in these areas are almost always impossible to get permission for.
Flight Methods and Regulations
Next, let’s cover the rules for how you fly your drone.
Article 132-86 (Method of Flight): Those who fly an unmanned aircraft must follow these methods:
- Do not fly under the influence of alcohol or drugs.
- Conduct pre-flight checks.
- Take precautions to avoid collisions.
- Do not fly in a reckless or annoying manner.
Unless you have a special license and a certified drone, you must also follow these rules:
- Fly only between sunrise and sunset.
- Maintain the drone within your visual line of sight at all times.
- Keep a minimum distance of 30m from people and property.
- Do not fly over crowds or events.
- Do not drop items from your drone.
You should also be aware of a key legal concept: Specific Flights (特定飛行). These are flights that deviate from the standard rules, such as flying at night or over crowds. The law classifies drone flights into three risk-based categories:
- Category I: Standard flights that do not require special permission.
- Category II: Specific flights with risk mitigation measures (e.g., flying in a no-fly zone but with proper permission and without flying over the public).
- Category III: Specific flights that involve flying over third parties, which carry the highest risk.
Any flight falling into Category II or III requires prior permission.
Flight Plans and Logbooks
Article 132-88 (Flight Plan): When conducting a specific flight, you must notify the Minister of Land, Infrastructure, Transport and Tourism in advance with a flight plan.
You must submit your flight plan through the DIPS online portal. Failing to do so for a specific flight can result in a fine of up to ¥300,000.
Article 132-89 (Flight Logbook): You must maintain a flight logbook when conducting a specific flight.
Failure to keep a logbook or providing false information can result in a fine of up to ¥100,000. It is highly recommended to keep a logbook for all flights, as this record is often required for future applications for drone certification.
Accident Reporting
In the event of an accident, you are legally required to report it via the DIPS portal. Accidents are classified into “accidents” and “serious incidents.”
Examples of accidents include:
- Injury or death of a person.
- Damage to a third party’s property.
- Collision with a manned aircraft.
- Loss of control or a fire during flight.
Final Thoughts
Whether for a hobby or business, a thorough understanding of Japanese drone law is crucial. The laws are designed to ensure safety for everyone.
If you still have questions or feel overwhelmed by the legal process, don’t worry. As a certified administrative scrivener, I am a professional who specializes in these legal procedures. Please feel free to reach out for a consultation.
