In order to strengthen the safety management of civil unmanned aircraft in our country and ensure social public safety, according to relevant laws and regulations, and drawing on the advanced work experience of other cities, our bureau took the lead in drafting the “Jinan Civil Unmanned Aircraft Public Safety Management Measures (for Solicitation) Comment Draft)” and the drafting instructions are open to the public for comments.
The deadline for comments is March 28, 2023.
Comments and suggestions can be made in the following ways:
1. Log in to the Jinan Municipal Government website (http://www.jinan.gov.cn), and submit comments through the column “Interaction-Investigation Collection” at the top of the homepage of the website;
2. Feedback by dialing the 12345 citizen service hotline;
3. Send comments via email to: jnsgajzazdmscmsk@jn.shandong.cn, please indicate “Legislative Opinions on Civil UAV Management” in the subject of the email;
4. Send comments by letter to: Legal Affairs Section, Secretariat of Public Security Police Detachment, Jinan Public Security Bureau, No. 48, Yuhan Road, Shizhong District, Jinan City, Zip Code 250002, please indicate “Legislative Opinions on Civil UAV Management” on the cover of the letter typeface.
Attachments: 1. “Jinan Civil Unmanned Aircraft Public Safety Management Measures (Draft for Comment)”
2. Drafting instructions
Jinan Public Security Bureau
February 27, 2023
attachment1:
Public Safety of Unmanned Aerial Vehicles for Citizens in JinanManagement Measures
(Draft for comments)
Article 1 In order to strengthen the safety management of civil unmanned aircraft and ensure social public safety, these Measures are formulated in accordance with the “Civil Aviation Law of the People’s Republic of China” and other laws and regulations, combined with the actual situation of this city.
Article 2 These Measures apply to the registration and flight of civil unmanned aircraft in the administrative area of this city and other acts involving relevant public safety management.
The civil unmanned aircraft (hereinafter referred to as civil unmanned aerial vehicle) referred to in these Measures refers to an aircraft that does not have an on-board pilot to control, has its own flight control system, and is engaged in non-military, police and customs flight missions.
Article 3 The municipal and district (county) people’s governments should strengthen the organization and leadership of the public security management of civilian drones, establish a joint meeting of civilian drones and an emergency response mechanism, and coordinate and solve major problems in the management of public security of civilian drones. question.
The public security organs are specifically responsible for the public security management of civilian drones within the administrative area of this city, take the lead in establishing a public security information sharing and collaboration mechanism for civilian drones, and investigate and deal with illegal flying activities of civilian drones in accordance with the law. The municipal public security organ shall, in conjunction with relevant departments, delineate the flying airspace and time slots for civilian drones, and announce them to the public.
The market supervision and management department has strengthened the supervision and management of the production and sales of civilian drones in accordance with the law, and promptly investigated and dealt with illegal production and sales.
Departments of transportation, industry and information technology, emergency management, sports, meteorology and other departments shall do a good job in public safety management of civilian drones in accordance with their duties.
Article 4 Industry associations, clubs and other social organizations related to civil drones shall strengthen industry self-discipline, establish industry management systems, publicize and popularize knowledge of flight management and safety regulations, and enhance public safety awareness.
Civil drone training institutions should incorporate relevant laws, regulations, rules and public safety knowledge into the training content.
Article 5 A real-name registration system shall be implemented for civilian drones in accordance with regulations.
Civil drone holders and civilian drone pilots should log in to the civil drone public safety management service system for information registration.
Owners of civilian drones and pilots of civilian drones shall be responsible for the authenticity of recorded or registered information.
Article 6 Pilots of civil drones shall be proficient in the performance of the civilian drones they control; those who are unable to master them shall participate in corresponding technical training.
Minors flying civilian drones shall be guided on-site by adults who are proficient in the control technology of civilian drones.
Article 7 Before a civil drone flies in the airspace, the pilot of the civilian drone shall report the take-off location, flight range and flight time through the civil drone public safety management service system, and check the battery of the civilian drone. Conduct a comprehensive inspection of components such as reserves and oil-operated components to ensure that civilian drones meet flight requirements;
Before civil drones fly in other airspace, an application should be submitted to the civil aviation management and flight control departments, and it can only be implemented after approval.
Article 8 It is strictly forbidden for any unit or individual to drive civilian drones to perform the following acts:
(1) secretly photographing military installations, important party and government organs, and other confidential places;
(2) Disturbing the normal order of production and work of organs, groups, enterprises, and public institutions;
(3) Obstructing the staff of state organs to perform official duties according to law;
(4) Carrying or distributing publicity materials containing obscenity, pornography, gambling, cult, terror, violence, etc.;
(5) Carrying or releasing explosive, poisonous, radioactive, corrosive substances or infectious pathogens;
(6) Endangering the personal and property safety of others, destroying public facilities;
(7) Behaviors of peeping, secretly filming, disseminating the privacy of others and infringing on the civil rights of others;
(8) Chasing or intercepting others, or making noise to interfere with the normal life of others;
(9) Acts prohibited by other laws, regulations and rules.
Article 9 For civilian drones that endanger public security or disrupt public order, the public security organs have the right to intercept, capture, and force landing to deal with them in accordance with the law.
Except for public security organs and units approved by law, other units and individuals are not allowed to use countermeasures against civilian drones.
Article 10 In the event of an emergency during the flight of a civil drone that may endanger personal and property safety, the driver should immediately take measures to prevent the accident from happening, and immediately report to the relevant departments such as public security and flight control. After receiving the report, the relevant departments shall deal with it according to law and notify other relevant management departments.
Article 11 Any unit or individual who discovers the illegal use of civil unmanned aircraft has the right to complain and report to the public security organs and other relevant departments.
The public security organs and other relevant departments should establish and improve the complaint and reporting system, unblock the channels for complaints and reports, announce to the public the methods, handling procedures and time limits for complaints and reports, and promptly inform the complainants of the results of the handling.
Article 12 Anyone who violates the provisions of Article 7 of these Measures shall be ordered to make corrections by the public security organ; if he refuses to make corrections, he shall be given a warning; if the circumstances are serious, he may be fined not less than 3,000 yuan but not more than 10,000 yuan.
Article 13 Anyone who violates the provisions of Article 8 of these Measures and constitutes a violation of public security management shall be punished according to law; if a crime is constituted, he shall be investigated for criminal responsibility according to law.
Article 14 These Measures shall come into force on the date of the year.
Attachment 2:
drafting instructions
In recent years, with the advancement of technology, the application and industry of unmanned aerial vehicles (hereinafter referred to as drones) have developed rapidly, and they have increasingly played an important role in the fields of environmental monitoring, geographic surveying and mapping, pesticide spraying, urban management, and emergency rescue. The wide application of unmanned aerial vehicles improves the convenience of life, and at the same time, it has the characteristics of small target, fast speed, easy operation, and easy purchase. Big hidden danger.
In order to meet the needs of economic and social development and people’s lives, and strengthen the standardized management of civil drones in our country, in accordance with the requirements of the municipal government’s legislative work plan, our bureau drafted the “Jinan Civil Unmanned Aircraft Public Safety Management Measures (Draft for Comments) )” (hereinafter referred to as the Measures), the relevant situation is hereby explained as follows:
1. Drafting background
(1) The urgent need to deal with the severe situation of drone safety management. With the number of small aircraft such as drones and airborne objects increasing geometrically, the number of drone enthusiasts in our city is initially estimated to be more than 1,500, and there are more than 4,300 drones of various types, but there are still a large number of drones. Drones purchased from different channels are in a state of leakage and out of control.
(2) The urgent need to alleviate the legal lag in drone management. At present, there are no special laws and regulations on the management of drones at the national and provincial levels. The city only issued the “Notice of Jinan City on Strengthening the Safety Management of “Slow, Slow and Small” Aircraft such as Drones in January 2022.” At present, there is a lack of necessary legal guarantees in maintaining the safety of low-altitude airspace.
(3) The urgent need to ensure the safety of major events. In recent years, major events in our city and its surrounding areas have been held safely and successfully, and then there will be many major national events and international events. Therefore, it is of great significance to effectively strengthen the safety management of drones, ensure that no drone-related sabotage activities occur, and ensure the stability of the city’s social security.
2. Drafting reference materials
According to “Civil Aviation Law of the People’s Republic of China”, “Public Security Management Punishment Law of the People’s Republic of China”, “General Aviation Flight Control Regulations”, “Military Facilities Protection Law of the People’s Republic of China”, “Regulations on Civil Airport Management”, “People’s Republic of China Flight “Basic Rules”, “Shandong Province Railway Safety Management Regulations” and other laws and regulations, refer to government regulations such as “Xiamen Civil Unmanned Aircraft Public Safety Management Measures”, “Wuxi Civil Unmanned Aircraft Management Measures”.
3. Main content
(1) Definition and scope of application
Clearly define the concept of civilian drones, and clarify the type or scope.
(2) About management
Clarify the relevant government working mechanisms and the responsibilities of various departments.
(3) Regarding the obligation norms
Clarify the real-name registration system for civilian drones, and its holders and drivers should log into the civil drone public safety management service system for information registration, flight plan declaration and other obligations.
(4) Regarding the safety management of flight activities
There are principled regulations on the flyable airspace and no-fly zone: first, it stipulates that civilian drones should fly within the flyable airspace designated by relevant departments; Fly over important units, facilities, and places. The above-mentioned specific areas and temporary control areas are delineated or determined by the municipal public security organs in conjunction with flight control and other relevant departments.
(5) Clarify the legal responsibility for illegal acts involving “drone”.
Hereby explain.
Jinan Public Security Bureau
February 27, 2023