Drone Laws in Burkina Faso

Table of Contents

Agencies Responsible for regulating drones in Burkina Faso

Agence Nationale de l’Aviation Civile (ANAC) du Burkina Faso

Burkina Faso Drone Regulations


UAS Laws – General rules for flying drones in Burkina Faso

The Burkina Faso agency responsible for drone safety, ANAC, has provided several internet-accessible details on flying for fun or work. The highlights are enumerated below. For more details go to the link above.

Are drones allowed in Burkina Faso?

According to ANAC, drone use is allowed in Burkina Faso, subject to ANAC regulations. Read on for more details.

Here are the most important rules to know for flying a drone in Burkina Faso:

Article 1

This decree establishes the technical requirements for operating civilian remotely piloted aircraft systems with a maximum take-off mass of less than or equal to one hundred and fifty (150) kilograms. 

It also specifies the terms and conditions for the issuance, renewal, modification, suspension, or revocation of permits, certificates, and authorizations to operate civilian remotely piloted aircraft systems.

Article 2:

This decree applies to any remotely piloted aircraft that takes off or lands on Burkinabè territory or performs part of its flight in space Burkinabè air transport except for:

  1. remotely piloted aircraft with a maximum take-off weight greater than one hundred and fifty (150) kilograms;
  2. remotely piloted aircraft operated inside a building;
  3. remotely piloted aircraft used during operations military, customs, police, search and rescue, combat against fire, or similar operations or activities;
  4. Captive balloons used at the height of less than fifty (50) meters with a payload of a mass less than or equal to one (01) kilogram;
  5. rockets;
  6. kites.

Article 3: 

Remotely piloted aircraft with a maximum take-off weight of more than 150 kilograms must follow the regulations that apply to crewed aircraft. 

Article 4: 

The use of autonomous aircraft (unmanned aircraft that do not allow a pilot to intervene in real-time to manage the flight) is prohibited. 

Article 5: 

In Burkina Faso, a civilian remotely piloted aircraft may be used for activities other than sport and leisure only if identified by the Agency National Civil Aviation Authority, and an identification certificate is issued to its owner or legal representative. 

Article 6: 

A Remotely Piloted Aircraft System (RPAS) may not be used above special-status areas. 

Article 7: 

A Remotely Piloted Aircraft System (RPAS) is not permitted to transport items that could be used to commit illegal acts of intervention. 

Article 8: 

The use of a remotely piloted aircraft is subject to a permit or operating license issued by the National Civil Aviation Agency after favorable opinion from the national defense and security ministries. 

Article 9: 

Three (03) months before the planned operation date, the applicant for a remotely piloted aircraft system operating permit (RPAS) must file an operating license application file remotely piloted aircraft with the National Civil Aviation Agency. 

Article 10: 

Following the admissibility of the application file, the issuance of the operating permit or authorization is subject to a successful demonstration of the aircraft’s fitness to fly remote pilot (RPA) and the aptitude of its remote pilot. 

Article 11: 

The National Civil Aviation Agency bills fees for issuing licenses, certificates, permits, register extract’ identification, operating authorizations for Remotely Piloted Aircraft Systems (RPAS), or any other similar document. 

Article 12: 

The Minister in charge of civil aviation may appoint inspectors or persons authorized for this purpose to conduct the necessary verifications and monitoring to ensure that a remotely piloted aircraft (RPA) and the people who operate it comply with the provisions of this decree. 

When operating an RPA, a copy of all authorizations required by this decree and any other document whose annexes to this decree require a presentation must be provided without delay when requesting the National Civil Aviation Agency or any other competent authority. These documents may be presented digitally. 

Article 13: 

The use of a remotely piloted aircraft (RPA) or the activity of a remotely piloted aircraft operator may be prohibited or limited by the National Agency for Civil Aviation in the event of a safety problem for people, property, or the environment, or in the event of noncompliance with the conditions of this stopped. 

Article 14: 

The Minister in charge of civil aviation may grant exemptions from the decree’s provisions for public interest activities. Remotely piloted aircraft registered in a Contracting State to the Chicago Convention may operate in Burkina Faso with the permission of the Minister responsible for civil aviation. 

Article 15: 

The Secretary-General of the Ministry of Transport, Urban Mobility, and Road Safety and the Director-General of the National Agency for Civil Aviation are in charge of carrying out this decree, which will be recorded, published, and communicated as well needed.

GENERAL

Applicability

This Annex applies to operations in Burkinabè airspace, remotely piloted civil aircraft of which the maximum take-off weight does not exceed 150 kilograms, used for the following activities:

  • commercial air transport of freight or post
  • aerial work:
  • leisure and sport; and
  • other specific activities.
Compliance with laws, regulations, and procedures
  1. Remotely piloted aircraft must be operated in a manner that presents the least amount of danger possible for people, property, or other aircraft and following conditions specified in this Annex.
  2. The remote pilot, owner, and operator of remotely piloted aircraft must know and comply with the laws, regulations, and procedures in force in Burkina Faso to exercise their functions.
  3. Suppose a case of force majeure requires measures that lead to violating a procedure or regulation. In that case, the remote pilot must immediately notify the local authorities from the nearest air traffic services and ANAC.
Flight over the territory and outside the territory

A remotely piloted aircraft identified in Burkina Faso and whose operator is based in the country conducts flights over Burkinabè territory. 

This Annex prohibits remotely piloted aircraft identified in Burkina Faso:

  • from overflying another State unless expressly authorized by the State concerned. 
  • When the operator’s head office is not domiciled in Burkina Faso; 
  • when the required airworthiness documents or authorizations have not been issued or accepted by ANAC; and 
  • when the remote pilot’s skills do not comply with the provisions of the regulations.

Any remotely piloted aircraft operator must hold a special authorization issued by ANAC to carry out flights over Burkinabè territory.

RULES OF THE AIR

General provisions
  1. An operator may only operate a Remotely Piloted Aircraft System (RPAS) per the decree’s provisions governing air traffic control and operational arrangements for navigation services and procedures in effect in Burkina Faso.
  2. When a situation puts air traffic at risk during operation, an operator must plan for the following:
  3. The remote pilot terminates the flight as soon as the conditions that allow the flight to be completed safely are met;
  4. The remote pilot ensures that the RPA maintains a continuous command and control linkage during the flight to launch the project as soon as possible, following the procedures established in the event of a link failure;
  5. During all phases of the flight, the remote pilot station is available and suitable for links to the RPA ;
  6. The aircraft will only fly if the meteorological conditions along the flight paths are clear.
Day operations
  1. All remotely piloted aircraft operations must take place between the hours of sunrise and sunset.
  2. Night operations are prohibited except with special authorization from ANAC.
  3. The ANAC may authorize night operations under certain conditions and following the technical and operational characteristics of RPAS if they are carried out in a temporarily reserved airspace (TRA) in Temporarily Separated Airspace (TSA). The publication of TRA TSA spaces to aeronautical information must include applicable conditions for such changes and is subject to compliance with these conditions.
Visual or sight operations (VLOS or EVLOS)
  1. When operating a remotely piloted aircraft, the remote pilot must maintain constant visual contact with the aircraft to:
    • maintain operational control of the remotely piloted aircraft;
    • constantly know the position of the remotely piloted aircraft;
    • determine the behavior, altitude, and direction of the remotely piloted aircraft;
    • monitor the airspace for the presence of other aircraft or dangers, and:
    • ensure that the remotely piloted aircraft does not constitute a danger to life or property of others
    • Horizontal visibility must be at least 1.5km between the RPA and the remote pilot or RPA observer during visual flight operations. Horizontal visibility is the minimum visibility required for operations in all horizontal plane directions.
  2. The use of RPA observers for visual flights is limited to two, and the distance between the remote pilot and the RPA must never exceed the range of the RPAS radio link.
Out of sight operations (BVLOS)

Before beginning any BVLOS off-site operation, a remotely piloted aircraft operator must conduct an ANAC-approved safety study. The following items are included in the safety study without limitation, where applicable:

  1. a description of the security systems
  2. an exhaustive analysis of potentially dangerous events, their effects as well as the means of mitigating these events;
  3. a list of alarms and fault detection procedures:
  4. a list of procedures to be followed by the remote pilot in the event of breakdowns or defects;
  5. a list of pre-flight and post-flight checks;
  6. identification of preventive measures to be taken;
  7. the emergency scenario management procedures applicable in the event of loss of:
    • flight control due to servo control failure if applicable;
    • autopilot, if applicable;
    • propulsive power;
    • motive power (loss of an engine);
    • low battery voltage;
    • navigation components (position or altitude);
    • the Global Navigation Satellite System (GNSS);
    • the command and control link (radio control link failure);
    • remote pilot station communication failure;
    • power of the remote pilot station;
    • communication with ATC;
    • communication between the remote pilot and the RPA observer, if applicable.
Priority rules for operation near aircraft
  1. The remote pilot must maintain vigilance to detect and avoid any risk of conflict with other aircraft and craft and prioritize passage to avoid conflict with other aircraft.
  2. The remote pilot must not fly above, below, or in front of another aircraft or craft unless it can be proven that the remotely piloted aircraft would not jeopardize the safety of the aircraft or craft in question.

No one shall operate a remotely piloted aircraft near another aircraft in such a way that a collision or risk of collision is created.

Operation in controlled airspace
  1. A remotely piloted aircraft may not operate in controlled airspace unless the operator has received permission from air traffic control.
  2. Anyone operating a remotely piloted aircraft must ensure that air traffic control is immediately notified if the remotely piloted aircraft enters controlled airspace inadvertently.
  3. The operation of an aircraft in controlled airspace may be subject to the establishment of a memorandum of understanding defining the conditions of the evolution of the aircraft between the ATS services and the operator in charge of the activity under the auspices of ANAC; when the aircraft evolves out of sight, the establishment of a memorandum of understanding is required.
Operation in uncontrolled airspace

The remote pilot who must fly in uncontrolled airspace must inform everyone means the nearest air traffic control unit.

Operations in a special status area
  1. No one shall operate a remotely piloted aircraft in a published special status space in the PA of Burkina Faso unless that person has obtained the authorization of the competentauthority responsible for the said space.
  2. Remotely piloted aircraft must not fly over military installations except agreement of the competent authorities.
Operations in the vicinity of an aerodrome
  1. No one should operate a PAS in the neighborhood and
    • within a radius of 10 km around the reference point of any aerodrome:
    • take-off and approach trajectories;
    • navigation aids;
    • of the aerodrome circuit ;
    • waiting racetracks in the terminal area.
  2. The remotely piloted aircraft operates outside the vicinity of the infrastructure intended for landing and take-off of crewed aircraft and out of the right-of-way of an aerodrome, except with the agreement of the competent authority, the owner or the operator, and the air traffic service provider at the aerodrome per the provisions of appendix 1.

MARKS AND IDENTIFICATION OF REMOTE PILOT AIRCRAFT

Privileges and identification conditions
  1. No one shall operate a civilian remotely piloted aircraft for purposes other than sport and recreation in Burkina Faso unless the remotely piloted aircraft has been identified by ANAC and an identification certificate has been issued to its owner or legal representative.
  2. A remotely piloted aircraft acquires Burkinabè nationality when it is identified per this Annex.
  3. A remotely piloted aircraft is eligible for identification if it belongs to:
    • to a Burkinabè or any other person residing in Burkina Faso, and having at least eighteen (18) years of age on the date of submission of the application; or
    • to a company incorporated under the laws of Burkina Faso.
Identification request
  1. Any applicant for a remotely piloted aircraft identification certificate must submit their request at least three (03) months before the scheduled operation date of said aircraft.
  2. Unless otherwise specified by the ANAC, the request for identification must include at least the following:
    • a duly completed remotely piloted aircraft identification request form and signed by the applicant;
    • a copy of the title deed of the remotely piloted aircraft;
    • a copy of the applicant’s valid identity document (CNIB / Passport) or its legal representative, or a copy of the articles of association of the legal person;
    • a copy of the residence certificate if the applicant is of foreign nationality;
    • an import authorization or certificate for the remotely piloted aircraft issued by the competent authorities;
    • a certificate or document of removal from the foreign register if the remotely piloted aircraft has been identified abroad.
  3. A moral background check is performed on the applicant for an identification certificate. The outcome of the applicant’s moral background investigation conducted by the relevant authorities in the matter is transmitted to the ANAC in an additional record.
Certificate identification
  1. Suppose the request meets the criteria for identification. In that case, the ANAC registers the remotely piloted aircraft by assigning an identification number and issuing an identification certificate to the owner or his legal representative.
  2. Before purchasing a remotely piloted aircraft, a candidate could be given an identification mark to have it affixed by the manufacturer at his request.
  3. Any action requiring a modification of the elements mentioned in the remotely piloted aircraft registration certificate must be reported to the Director-General of ‘ANAC within thirty (30) days by the holder of the identification certificate.
  4. When a remotely piloted aircraft is rendered inoperable, ANAC may strike the entry from the register.
  5. The person to whom the identification certificate was issued is notified of the cancellation.
  6. A cancellation certificate is issued to anyone holding a certificate identification of the remotely piloted aircraft concerned that requests it.
Remotely piloted aircraft register
  • The ANAC establishes and maintains a remotely piloted aircraft register containing the following information:
    • the number of the identification certificate;
    • the identification mark assigned to the remotely piloted aircraft;
    • the name of the manufacturer and the designation of the manufacturer of the remotely piloted aircraft;
    • the serial number of the remotely piloted aircraft;
    • the name and address of the owner;
    • the use or conditions relating to the identification of the remotely piloted aircraft.
    • Suppose a remotely piloted aircraft is leased or is the subject of a lease, charter, or hire-purchase contract to a person who meets the requirements for identification. In that case, the ANAC temporarily registers the names of the parties to the charter or hire-purchase contract for the duration of the rental, charter, or hire-purchase contract.
    • The remotely piloted aircraft identification certificate is neither assignable nor transferable.
    • An extract from the remotely piloted aircraft register is issued to anyone who meets the requirements.
    • If applicable, no remotely piloted aircraft identified abroad is registered in Burkina Faso before being removed from the foreign register.
    • The identification of an RPAS previously registered in the aircraft register at the Burkinabè has no effect if the entry in the Burkinabe register of remotely piloted vehicles has previously been deleted.
Marks’ identification
  1. Any remotely piloted aircraft registered in the remotely piloted aircraft register bears the letters XT followed by a horizontal line and at least three characters made up of letters or a combination of letters and numbers.
  2. Identification markings must be clearly displayed on the remotely piloted aircraft.
  3. Identification marks must be visible as well as legible.
  4. However, the ANAC may grant a waiver from this requirement if the size of the aircraft prevents it from being so marked.
Identification plate
  • A remotely piloted aircraft must have an identification plate on which it is written in fireproof material.
  • The identification plate must be proportionate to the size of the remotely piloted aircraft and visibly affixed to the exterior of said aircraft.

AIRWORTHINESS OF REMOTE PILOT AIRCRAFT SYSTEMS

General
  1. The owner or operator of a remotely piloted aircraft system must ensure that all of its components are in working order and per the user manual provided by the supplier.
    • Before operating on national territory, any remotely piloted aircraft that has received a type certificate and has been identified in Burkina Faso must have a certificate of conformity or airworthiness issued by the ANAC.
    • Before performing an air operation, the remotely piloted aircraft operator must ensure that the aircraft system being remotely piloted is airworthy. The following conditions must be met for a remotely piloted aircraft system to be considered airworthy:
      • been kept up to date following the manufacturer’s program maintenance schedule;
      • the requirements of any published airworthiness directive (or an equivalent document) issued by the aircraft manufacturer, the control station, or any other secondary component have been met;
      • All modifications and repairs to the remotely piloted aircraft system were performed following the manufacturer’s instructions, and no unapproved changes were made.
      • All remotely piloted aircraft system equipment necessary for safety is in working order.
    • The remote pilot must abort the flight if he knows or suspects that continuing the flight would endanger other aircraft, people, or property.
  2. It is illegal to use a remotely piloted aircraft system if it is not in safe working order. During a visit, this condition must be determined.
Declaration and authorization of fitness to fly
  1. Remotely piloted aircraft with a mass of less than or equal to 25 kg and no type certificate are not subject to the airworthiness certification process. 
  2. Except for remotely piloted aircraft used for leisure and sport, any remotely piloted aircraft operator who is not subject to the airworthiness certification process must submit to the ANAC a declaration indicating that his remotely piloted aircraft is fit for flight every twelve (12) months. 
  3. The ANAC accepts the declaration and issues an aptitude authorization to the operator. Flight valid for a maximum of twelve (12) months following an inspection and demonstration of satisfactory performance of the remotely piloted aircraft.
Certificate of conformity and airworthiness
  1. The following are subject to the conformity or airworthiness certification process:
    • remotely piloted aircraft with a mass less than 25 kg hold a type certificate, or
    • remotely piloted aircraft weighing more than 25 kg.
  2. At the request of the owner or operator, the ANAC sends him a certificate of compliance or airworthiness valid twelve (12) months maximum after inspection and a satisfactory demonstration of the remotely piloted aircraft.
Maintenance and inspection

The remote pilot, operator, or owner of a remotely piloted aircraft system must:

  1. maintain the remotely piloted aircraft system in conditions allowing safe operation;
  2. inspect the remotely piloted aircraft system before any flight to determine if the system is in safe working condition
  3. keep a register of all the checks carried out before each operation flight. These recordings could be consulted if necessary by the authorities competent.

Remote pilot of specific activities

General provisions
  1. No one may fly a remotely piloted aircraft in the context of specific activities if he does not hold a remote pilot certificate or a valid remote pilot license with validity issued or validated by the ANAC.
  2. A remote pilot, RPAS flight instructor, or PAS examiner cannot exercise the privileges of his office if he:
    • is under the influence of alcohol (Alcohol level less than 0.5g per liter of blood), drugs or psychoactive substances, prescribed or not,
    • is aware of any side effects that are incompatible with exercise in full security of its license privileges.
  3. A detailed record of all flights performed as a remote pilot is entered on a remote pilot flight log.
  4. The remote pilot flight log contains for each flight performed at least the following information:
    • the date of each flight;
    • the names, first names, and date of birth of the remote pilot
    • a mark’ identification of the remotely piloted aircraft;
    • take-off and landing zones indicated by GPS coordinates:
    • take-off time;
    • landing time;
    • flight time;
    • the type of activity
    • if applicable, the names of any other person involved in flight operations and in particular of the observer (s) of remotely piloted aircraft.
Remote pilot certificate (Visual flights)
  1. The remote pilot certificate confirms the holder’s ability to pilot aircraft. remotely piloted to carry out operations, in direct view of the remote pilot and at a maximum horizontal distance of 200 meters from the remote pilot or at the limit of the range of the C2 link using an observer subject to the following limitations:
    • 10 km from aerodromes,
    • 50 m from any person
    • any building,
    • 50 m from a public road,
  2. The candidate for the remote pilot certificate must be over 18 years old.
  3. Theoretical training covers the following subjects detailed in Appendix 6:
    • aeronautical regulations;
    • meteorology;
    • general knowledge of aircraft technology;
    • navigation;
    • principle of flight:
    • operational procedures;
    • human performance;
    • flight preparation and monitoring
    • legal framework relating to the protection of privacy and the processing of personal data personal character.
  4. To obtain a remote pilot certificate, the candidate must submit a file comprising:
    • an application form duly completed and signed by the applicant;
    • a copy of an applicant’s identification document
    • a document certifying that he has followed a theoretical training the content of which is accepted by ANAC;
    • a document certifying that he has followed a specific and assured practical training and an operator, a manufacturer, training organization;
    • a declaration of competence following the assessment carried out by the operator, the manufacturer, or a training organization with the practical competence of the applicant;
    • proof of the applicant’s ability to write. speak, write and understand the French;
    • a document certifying that he has completed | radio telephone training;
    • a copy of the class medical certificate:
    • a criminal record certificate dated less than three (03) months.
  5. If the candidate meets the conditions referred to above, ANAC issues him the remote pilot certificate.
  6. The holder of a remote pilot certificate can only fly a remotely piloted aircraft when he has a valid class 3 medical certificate;
  7. A remote pilot certificate issued under the conditions is valid subject to the validity of the declaration of competence.
  8. The declaration of competence issued to a remote pilot by the training organization is valid for 24 months.
Remote pilot license (Out of sight flights)
  1. No one shall fly a remotely piloted aircraft out of sight unless they have a Burkinabè remote pilot license and an aircraft rating remotely piloted per this Annex. 
  2. A remote pilot license issued by a third-country civil aviation authority could be validated by the ANAC, allowing the holder to fly remotely piloted aircraft identified in Burkina Faso.
Privileges and conditions for obtaining the remote pilot license
  • The remote pilot license certifies the holder’s ability to fly remotely piloted aircraft. for operations taking place
    • direct from the remote pilot;
    • outside the remote pilot, outside populated areas, and outside the influence of aerodromes.
  • Age conditions – The applicant must be over 18 years of age.
  • Theoretical training – The applicant must have proven knowledge in the subjects per the Appendix:
    • aircraft law;
    • general knowledge of RPAs:
    • flight preparation, performance, and loading;
    • human performance;
    • meteorology;
    • navigation;
    • operational procedures;
    • principles of flight;
    • radiotelephony;
    • legal framework relating to the protection of privacy and the processing of personal data
    • personal character;
  • Theoretical training must be given in an approved training organization or validated and the training program accepted by ANAC.
  • Exam relating to theoretical knowledge – Any candidate for the remote pilot license must pass the theoretical exam before practical training.
  • Practical training – The practical training must be given in an approved training organization.

A model training syllabus that ANAC must accept is presented in the Appendix:

Before starting practical training, the candidate must hold at least one valid class 3 medical certificate.

Before taking the practical exam for the issuance of a license or a qualification, the candidate must:

  • have passed the RPAS theory exam within the 12 months preceding the date presented to the practical test;
  • provide the recommendation for the exam, established by the RPAS flight instructor responsible for his practical training

The practical training and the practical examination are carried out on an ANAC official site.

The candidate for a remote pilot license must demonstrate to an ANAC-appointed PAS examiner that he can apply the appropriate procedures for performing the maneuvers safely.

Issuance of a remote pilot license
  1. Under the conditions specified in this Annex, an application for a remote pilot license, accompanied by a remotely piloted aircraft rating, is submitted to the ANAC. 
    • A completed form signed by the applicant; 
    • a copy of an applicant’s identification document; 
    • a theoretical knowledge test report or certificate; or 
    • a theoretical patent remote pilot must be included in the application package. 
    • a report on a practical skills test; 
    • proof of the applicant’s ability to read, speak, write, and understand French; 
    • a certificate proving that he completed the radiotelephony training course successfully; 
    • a duplicate of the class medical certificate;
    • a criminal record certificate issued within the last three (03) months.
  2. If the candidate meets the requirements, ANAC grants him the remote pilot license.
  3. A remote pilot license issued per the terms of this Annex is valid for life. 
  4. The remotely piloted aircraft rating attached to the license is good for 24 months. 
  5. The holder of a remote pilot’s license could only use his license’s privileges while in possession of a valid class 3 medical certificate;
Affixing of RPL qualifications
  1. The RPL qualification determines the type of RPA on which the privileges conferred by the license can be operated.
  2. Successful completion of the examinations required to obtain a remote pilot license confers to the candidate the qualification for the type of l used during these tests.
  3. Qualifications are awarded and distributed as follows:
    • RPL-A: PA with fixed wings;
    • RPL-MR RPA with rotary wings (helicopters and multi-rotors);
    • RPL-S any other RPA than fixed-wing RPA or rotary-wing RPA.
  4. An additional type rating is issued to the candidate for this type of RPA who has demonstrated theoretical RPAS examiner and practice adapted to the qualification requested
Renewal of a remote pilot license rating
  • To renew qualification, the remote pilot must, during the previous 24 months, performed as a remote pilot at least 10 flights for a total duration of at least time
  • The holder of a remote pilot license rating who does not meet the requirement set above paragraph must successfully pass a practical test with an RPAS flight examiner before exercising privileges against the license.

OPERATING RULES

Authorization to operate or use RPAS

No one can operate an RPAS in Burkina Faso unless they have been authorized to do so by ANAC according to the following types of operation:

  1. permanent operation of PAS for commercial activities;
  2. ad hoc operation of PAS for commercial activity;
  3. operation of PAS for private activities;
  4. use of RPAS of less than 800g for leisure and sport.
  5. Operation or specific activity manual

In addition to the manufacturer’s operating procedures, the operator must create and submit an operations manual or ‘specific activities per the ANAC’s requirements.

The operating or specific activities manual contains all of the instructions, information, and procedures required for all PAS used and whose personnel must perform tasks correctly and safely. In addition, it includes at least the elements listed in Appendix 5.

Normal operations, link loss operations, and other emergency situations must be described in the manual.

The types of manuals and their content may vary depending on the complexity of operating the RPA. Documents that RPA operators may need to keep up to date include, in particular, operating or activity manuals, maintenance manuals or documents, RPA system flight manuals (for each type of RPA used), aircraft checklists, and so on. 

The RPA operator must provide the checklists and brochures required for the pilot to operate the RPAS following his flight manual, user manual, or equivalent document. 

The holder of an operating license must set up a record-keeping system (registers) that allows for adequate recording and reliable traceability of activities. 

The Activity Manual must specify the format of the records. particulars of the operating license holder 

Records must be kept for at least ten years to protect them from damage, tampering, and loss.

The operator:

  • ensure that the operations manual for specific activities is provided to personnel involved in the execution of operations;
  • ensure that each flight takes place according to the procedures described in the manual operation or specific activities
  • ensure that the operations manual conforms, in all circumstances, to the RPAS flight manual or its equivalent, as well as the recommendations of security of the civil aviation administration.
Obligations of RPAS owners and operators
  • The operator of PAS is required to comply with all requirements set out in look at its operations.
  • The operator assumes responsibility for the services it subcontracts after service providers carry out its operations.
  • Responsibility for operational control rests with the PAS operator registered with the register.
  • The owner or operator of a PAS must ensure that the remotely piloted aircraft is entered in the identification register under the provisions of this Annex.
Special operations
  • Special operations are operations prohibited by this Annex and for which authorization from the ANAC may be granted in certain conditions.
    • No one could operate an AP without obtaining special authorization from the ANAC to in the types of transactions below, but not limited to:
    • transport of dangerous goods;
    • night operations;
    • in conditions other than day VMC flight:
    • road operations on ATS:
    • passenger transport;
    • throwing objects or spraying in flight;
    • towing;
    • towing banners:
    • aerobatic flights, training flights, and races;
    • operations within the perimeter of an aerodrome
    • operations in areas of high-frequency transmission or interference (e.g., radar sites, high voltage lines, etc.).
Preparation for a remotely piloted aircraft operation

Before any flight, the remote pilot must:

  • Evaluate the operating environment considering the risks related to people and properties in their immediate environment. This assessment should include but not be limited to:
    • local weather conditions;
    • the definition of the limits of the area where the operations will take place and any flight restrictions;
    • the position of people and goods on the ground
    • the class of airspace and specific airspace arrangements;
    • other aircraft operations (proximity to aerodromes, including heliports, or other sites in operation);
    • the dangers linked to the surrounding industrial sites;
    • areas with high-intensity radio transmission or interference electromagnetic (radar stations);
    • “location and height of obstacles (e.g., wires, masts, buildings, antennas, cell phone, etc.);
    • built-up areas, major roads, and sites of recreational activities;
    • security measures to limit access to the public;
    • the minimum separation distances between people and vehicles and structures.
    • any other ground hazard.
  • Ensure that all persons involved in operations with the aircraft remotely piloted receive a briefing including operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and dangers
  • Make sure the remotely piloted aircraft system is in good working order. Check the power reserves of the remotely piloted aircraft and its control system command and control
  • If the remotely piloted aircraft is motorized, ensure that it has sufficient range to operate for the entire planned duration of the operation and to operate for at least 5 minutes after the end of the operation.
  • Make sure that everyone involved in the operation is qualified to perform the tasks assigned to him
  • Make sure you have all the necessary authorizations.
Limitations of operation for remotely piloted aircraft

All remote pilots must comply with the following limitations:

  • The speed of the remotely piloted aircraft must not exceed 87 knots (87kts) (160Km / h) calibrated at maximum power in level flight;
  • The height of the remotely piloted aircraft must not exceed 500 feet (500ft) (150m) at above
  • The lateral distance from a person, a building, a structure, a vehicle, vessel, or animal or not related to the remotely piloted aircraft must be at least 50m:
  • For visual operations, the lateral distance between the remotely piloted aircraft and its remote pilot must not exceed 200m or the limit of the range of the C2 link if an observer is used;
  • Use of visual observer to expand the RPAS operating area/range must be approved by ANAC;
  • The remotely piloted aircraft shall not operate over or within any area crowded with a city, town, or locality
  • Visibility, as observed from the ground station, must be at least 3 NM (5 km), the minimum distance of the remotely piloted aircraft from clouds, not less of
    • 500ft (150m) below the clouds
    • 2000 ft (600m) horizontally from clouds.
Dangerous operations

No one should:

  • operate remotely piloted aircraft carelessly or recklessly that could endanger others’ lives or property
  • Allow a remotely piloted aircraft to drop items unless authorized by ANAC.
Operation of several remotely piloted aircraft

In Burkina Faso, it is illegal to operate multiple aircraft systems remotely piloted by a remote pilot at the same time.

Operation near aircraft, priority rules
  • The remote pilot must maintain vigilance to detect and avoid aircraft and give these aircraft the right of way. 
  • Unless permission is obtained, the remote pilot must not fly above, below, or in front of other aircraft or devices. 
  • No one may fly a remotely piloted aircraft near another aircraft, which creates a risk of collision or collision.
Operation over people

No one shall operate a remotely piloted aircraft at any height within 50m sideways of one person from a crowd of people in an open space unless they have a permit to do so.

RPAS operating license compliance
  1. No operator of remotely piloted commercial air transport aircraft or position or specific activities must not be operated by PAS for permanent for-profit operations unless you have a license operation of RPAS (PER) issued by the ANAC.
  2. The PAS operating permit allows the operator to carry out operations permanently per the conditions and limitations specified in the related operating specifications PER.
  3. The issuance of a PER by the ANAC depends on what the RPAS operator has demonstrated that an adequate organization, a method of control and supervision of its operation, a training program as well as ground handling and maintenance arrangements for remotely piloted aircraft compatible with nature and range of operations specified proportion to size, structure complexity of the organization.
Application for the PAS (PER) operating permit
  1. Any applicant for a PER must submit their request for a first issue at least three (03) months before the start date of the planned operations.
  2. Unless otherwise specified by ANAC, the RPAS operating permit application must understand who
    • duly RPAS operating permit application form signed by the operator;
    • a documented opinion:
      • the MinistryMinistry in charge of defense;
      • of the MinistryMinistry in charge of security
      • the Geographical Institute of Burkina (IGB) if applicable;
    • a description of all the activities to be carried out;
    • manual for the operation of specific operations or activities;
    • an SMS system and a security program if the size of its activity requires it.
    • emergency procedures: including the breakdown
      • communications with ATC;
      • command and control link; and
      • communications between the remote pilot and the RPA observer, if applicable.
    • the number and location of remote piloting stations as well as the transfer procedures between remote piloting positions, if applicable;
    • description and information merchant load;
    • proof of purchase of liability insurance;
    • an inventory of the areas of operation;
    • a safety study;
    • documentation of each remotely piloted aircraft, including:
      • a copy of the identification certificate;
      • a declaration of conformity or equivalent document;
      • a flight manual or equivalent document
      • a maintenance manual and/or program;
    • documentation for each remote pilot, including:
  3. copy of the certificate (a license and ratings of a remote pilot;
  4. class medical certificate
  5. copy of the applicant’s commitment to respect the established rules, particularly the provisions of this Appendix.
  6. When certain documents required under this section are issued in a language other than French, the operator must ‘ensure that the content is translated, French.
  7. Applicant must have adequate management staff and must be equipped to safely conduct the commercial operation of RPAS operations;
  8. The applicant is subject to a background check issued by the competent authority in the matter and a copy of which is attached to the file.
Certification of an applicant for a PER
  1. No one can claim a PER without being duly certified by the ANAC per this Annex.
  2. The candidate for a PER must allow the certification team of ANAC to carry out the certification process following the following five (05) phases described in the certification procedure:
    • Phase 1: prior request
    • Phase 2: formal request
    • Phase 3: document evaluation
    • Phase 4: inspection and demonstration
    • Phase 5: issuance
PER issuance

The ANAC can issue a permit for the operation of PAS (PER) if the applicant:

  • It has its main operating base in Burkina Faso and is a company incorporated under the laws of Burkina Faso
    • complies with the regulations and standards applicable to the holder of PER;
    • is over 18 years of age.
Validity and renewal of a PER
  1. The PAS operating license will be valid for twelve (12) months from the date of issue for a first issue and twenty-four (24) months for a renewal unless
    1. the ANAC does not specify a shorter or longer period;
    1. ANAC does not amend, suspend, revoke or invalidate the PER:
    1. the PER holder returns it to the ANAC;
    1. the holder of the PER notifies ANAC of the suspension of its operation.
  2. The continued validity of the operating certificate depends on the ability of the operator to comply with the requirements of this Annex.
  3. The operator who holds the RPAS operating permit (PER) must facilitate his monitoring and allow ANAC to conduct inspections and tests to ensure his eligibility continues to hold a PER and its related authorizations.
  4. The operator must submit a renewal request to the ANAC at least one (01) month before the expiry of the PER;
  5. A suspended or revoked PER will be returned to ANAC;
  6. An operator whose PER has expired for more than six (06) months must make an initial PER request.
Amendment or modification of an RPAS operating permit
  1. Suppose there are changes to the information provided in the PER request that impact the scope of the PER or the previously approved forms. In that case, the operator submits a request for modification approval after the ANAC at least ten (10) days before the modification’s implementation date. 
  2. If the initial risk assessment does not foresee the proposed modification, the operator must conduct an appropriate risk assessment and submit the modification to ANAC for acceptance as appropriate.

Personnel required for commercial RPAS operations

  1. The PAS operator must have an ANAC-acceptable Responsible Officer who has the authority to ensure that all necessary resources are available to support the operations specified in the PER specifications.
  2. The Responsible Manager must have a sufficient number of qualified and competent employees to carry out planned tasks and activities following the applicable requirements.
  3. When the size or complexity of the operation requires it, the Responsible Manager must appoint managers acceptable to ANAC from among its qualified and experienced staff to assist in the following functions:
    • operation of remotely piloted aircraft;
    • training of operating personnel;
    • quality, safety, and security management;
    • maintenance of remotely piloted aircraft.
  4. A PAS operator must develop and implement an initial and ongoing training program to ensure that its staff maintains proficiency.

Application for a one-off operating permit

  1. RPAS flights out of sight are not permitted for normal operation ad hoc commercial unless special authorization from ANAC.
  2. Any operator or person who intends to conduct operations one-off for-profit purposes with a PAS must request authorization after ANAC and be authorized to do so before the start of any operation.
  3. The operator must submit his authorization request at least fifteen (15) days before the start date of the planned operation.
  4. Unless otherwise specified by the ANAC, the request for authorization of the PAS for a commercial and ad hoc activity must include at least the following:
    • a PAS authorization request form for operations for-profit duly completed and signed by the operator;
    • a description of the transaction (including, type or reason for the transaction), rule of flight, line-of-sight flight operation, point of departure, destination, speed of cruise, cruise levels, route to follow, duration/frequency of flights
    • a documented opinion
      • the MinistryMinistry in charge of defense
      • from the MinistryMinistry in charge of security
      • of the Geographical Institute of Burkina (IGB);
    • Description and information on the payload;
    • proof of purchase of liability insurance;
    • an inventory and cartography of the exploitation area;
    • a safety study if applicable;
    • emergency procedures, including failure of:
    • communications with ATC:
    • command and control link and
    • communications between the remote pilot and the RPA observer, if applicable;
  5. the number and location of cockpits as well as the procedures for transfer between cockpits, if applicable;
  6. documentation of each remotely piloted aircraft, including:
    • a copy of the identification certificate;
    • a declaration of conformity or equivalent document
    • flight manual or equivalent document;
    • a maintenance manual and/or program;
    • documentation for each remote pilot, including
    • a copy of the remote pilot’s certificate or license and ratings;
    • b class 3 medical certificate;
  7. a copy of the applicant’s commitment to respect the established rules in this area, in particular, the decree relating to the use of remotely piloted aircraft in Burkina Faso
  8. a certified copy of the ministerial order authorizing research currently being valid if applicable.
  9. When certain documents required under this section are issued in a language other than French, the operator ensures that the content is translated into French.

Issuance of a one-off commercial operating license

  • The ANAC can issue a one-off commercial exploitation authorization to an applicant if this applicant:
    • meets applicable regulations and standards;
    • can meet security and privacy requirements
    • is 18 over 18 years old.
  • The validity of the one-off commercial exploitation authorization is limited to one (01) month.
  • The renewal of the one-off commercial operation authorization cannot be only if the operator:
    • requests it:
    • submits a satisfactory report of activities for the ANAC.

Request for a private operating license

  1. Any operator or anyone who intends to conduct private operations with a PAS must request authorization from the ANAC and be authorized to do so before the start of any operation.
  2. The operator must submit his request for authorization of PAS for use private at least one (01) month before the start date of the planned operations.
  3. Unless otherwise specified by the ANAC, the request for authorization of PAS for a private operation must include at least the following:
    • an RPAS authorization request form for private operations duly completed and signed by the operator
    • a description of all activities (including type or reason for operation), flight rule, line-of-sight flight operation, point of departure, destination, cruising speed. cruising levels, route to follow, duration/frequency of flights;
    • a documented opinion
      • the MinistryMinistry in charge of defense;
      • the MinistryMinistry in charge of security;
      • of the Geographical Institute of Burkina (IGB) if applicable
    • proof of purchase of liability insurance;
    • an operations or specific activities manual;
      • an inventory and mapping of each operating area;
      • a safety study if applicable;
      • emergency procedures, including failure of communications with ATC
      • command and control link; and
      • communications between the remote pilot and the RPA observer, if applicable;
  4. the number and location of cockpits as well as the procedures for transfer between cockpits, if applicable;
  5. documentation for each PA, including:
    • copy of the identification certificate;
    • a declaration of conformity or equivalent document
    • a flight manual or equivalent document;
    • a manual and/or maintenance program:
    • documentation for each remote pilot, including:
    • a copy of the certificate or license and ratings of the remote pilot;
    • a class 3 medical certificate;
  6. a copy of the applicant’s commitment to respect the established rules, in particular, the decree relating to the use of remotely piloted aircraft in Burkina Faso
  7. a certified copy of the ministerial order authorizing research in progress validity if applicable.
  8. When certain documents required under this section are issued in a language other than French, the operator ensures that the content is translated into French.

Issuance of a private operating license

  1. ANACI can issue a private operating license to a candidate if this applicant
    1. complies with applicable regulations and names;
      1. can meet security and privacy requirements
      1. is over 18 years of age or is a company incorporated under the laws of Burkina Faso.
      1. The validity of the private operating license is limited to one (01) year.
      1. The operator holding a private operating license must facilitate his monitoring, carry out inspections and tests by the ANAC to ensure its continuing eligibility to hold an authorization.
      1. The renewal of the private operating license could only be done if the operator:
    1. requests it at least one (01) month before the expiration date of authorization:
    1. submits an activity report acceptable to ANAC.

RPAS OPERATIONS FOR LEISURE AND SPORTS PURPOSES

Applicability

Recreational and Sports RPAS operations apply to model aircraft with a maximum take-off mass of less than 800 grams, if their use meets the following cumulative conditions

  1. They are used solely for recreational purposes: 
  2. they fly at the height of no more than 10 meters above the ground; 
  3. they are used outside of any public space; 
  4. they do not fly within a 10 km radius of airports or airports civil aerodromes, and military installations; 
  5. They do not fly over industrial complexes, prisons, open-air gatherings of people, prohibited areas, places of worship, or any other location where flight requires authorization.
  6. The user takes care not to jeopardize the safety of other aircraft, as well as the safety of people and goods on the ground;
  7. The user abides by the provisions of the applicable privacy legislation. 
Authorized area

A user must arrange for

  • Except in places where the ANAC authorizes aeromodelling activity, the remotely piloted aircraft does not fly over public space in built-up areas. 
  • PAS operations for leisure and sport purposes are only permitted inside a private building or in a non-public covered space or spaces identified and allocated to clubs that have been duly registered and recognized by ANAC per prescribed procedures. 
  • Aeromodelling activities carried out within an association or a club necessitates establishing an activity location in advance. This specifies, in particular, the maximum height applicable to aircraft movements within the context of the activity in question. 
  • ANAC recognizes clubs or associations following a system recognition that includes the composition, documentation, internal regulations, and specific aeronautical regulations for leisure and recreation operations. 
  • Clubs must submit to ANAC for approval information on zone operations as well as operational schedules. 
  • Spaces reserved for RPAS operations for leisure and sport must be notified via NOTAM or other means, including any restrictions that may apply.

Communication with the remotely piloted aircraft

The operator ensures that

  • The command and control link is operational throughout the flight. 
  • The emergency procedure specifies what to do in the event of data loss: 
  • The use of a data link for payload could never jeopardize the proper operation of the command and control link. 
  • The radio communication with the PAS is used per the requirements for electronic communications 1 force Burkina Faso; the radio communication with the RPAS is operational throughout the flight. 
  • For the duration of the flight, radio communication between the remote pilot and the PA observer is available. 
  • If the frequencies used in an area are prone to interference, the operation must be halted immediately.

Communication with an ATS unit

  • Depending on the airspace in which the aircraft is operating and the flight rules in use, the remote pilot must establish and maintain two-way radio communications with the relevant ATS unit. 
  • The operator of the remotely piloted aircraft must ensure that he has a means of alternate communication between the crew of the remotely piloted aircraft and the ATS unit (e.g., cell phone, satellite phone, landline, etc.). 
  • Before carrying out operations, primary and backup communication devices should be upgraded and tested with the ATS unit. 
  • A portable electronic device (including a cell phone) or a line land telephone is not permitted as a primary means of communication with an ATS unit unless explicitly permitted by the ANAC. 
  • PAS crews must follow the ATS unit’s instructions. 
  • Only PAS crew members authorized by ANAC may communicate with the ATS unit; for the operation of a remotely piloted aircraft, a separate person responsible for communications is required, unless it can be demonstrated how risks associated with the fact that the pilot performs both piloting and communication tasks can be mitigated otherwise.

Background check of the remote pilot or owner

  1. Any applicant for a remotely piloted aircraft identification card, a pilot’s license, a remote pilot, or a remotely piloted aircraft operations certificate must undergo a background check with the appropriate authorities. 
  2. Only persons physical or moral whose good character has been certified by the authorities competent in the matter may claim to the issuance of certificates by the ANAC. 
  3. Suppose the ANAC determines that the remote pilot of a remotely piloted aircraft poses a safety risk as identified by the cardholder. In that case, it may modify, suspend, or revoke the remote pilot’s license, card, or certificate of operation.

Operator or owner security measures

The holder of a remotely piloted aircraft operation certificate issued per this Annex must: 

  • ensure that PAS that is not in use are safely stored to prevent them from being used to commit an illegal intervention or any unauthorized use: 
  • ensure that the remotely piloted aircraft are protected from illegal intervention acts 
  • ensure that the remotely piloted aircraft are stored and prepared for the flight to prevent and detect unwanted manipulations and to ensure the integrity of vital systems; 
  • designate a safety officer responsible for the implementation and civil aviation security checks, and; 
  • ensure that all personnel assigned to the deployment, maintenance, handling, and storage of remotely piloted aircraft are properly trained. 
  • Every two years, personnel assigned to the deployment, handling, and storage of unmanned aircraft must undergo a character review.
Notification to the authority and people in the operating area
  • Before commencing operations, the remote pilot, operator, or owner of the remotely piloted aircraft shall notify the competent authorities (air traffic services or air traffic safety) and inform the people in the operating area. 
  • No remotely piloted aircraft may be recovered from public or private property without the owner’s permission.

Confidentiality and privacy of others

  • Anyone conducting operations using a remotely piloted aircraft equipped with cameras or cameras must use them responsibly to respect others’ privacy. 
  • No one should use an RPAS to perform any of the following tasks:
    • To observe a person without their consent 
    • Fly over private real estate without the owner’s permission 
    • Photograph or film a person without their permission. 
  • For gatherings, events, or locations open to the general public, the organizers must approve flights of the RPAS. 
  • Infrared or similar thermal imaging equipment installed on a remotely piloted aircraft must be used solely for: 
    • scientific surveys; 
    • scientific research; 
    • mapping and study of the earth’s surface, including land and water surfaces; 
    • crop, livestock, or farm assessment; 
    • forest assessment and management; and 
    • other similar vegetation or fauna research.

Notes for recreational drone pilots flying for fun in Burkina Faso

See general rules above.


Notes for Commercial Drone Services operations in Burkina Faso

See general rules above.


Useful published information on flying drones in Burkina Faso

Here is a sample of what you might expect if you follow the drone laws and fly in Burkina Faso…

NOTE: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model aircraft, toy aircraft, Remote controlled aircraft, and RC aircraft may be covered by the same regulations unless specified.


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