Drone Laws in Burundi

Summary of Drone Laws in Burundi

Agencies Responsible for regulating drones in the Republic of Burundi

 Burundi Civil Aviation Authority (AACB) – The website http://www.aacb.bi does not appear to be online

Burundi Drone Laws – The drone regulations do not appear to be online currently – http://www.aacb.bi/IMG/pdf/RAB%2006_3.pdf

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UAS Laws – General rules for flying drones in the Republic of Burundi

The Burundi agency responsible for drone safety, AACB, 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 Burundi?

According to AACB, drone use is allowed in Burundi, subject to AACB regulations. Read on for more details.

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

CATEGORIZATION AND REGISTRATION 

Categorization and classification of remotely piloted aircraft.

Remotely piloted aircraft systems are classified and categorized according to their mass and use.

Remotely piloted aircraft systems are divided into 3 classes:

• Class 1: remotely piloted aircraft systems with a mass of 5 kg or less, including any load carried by the remotely piloted aircraft systems;
• Class 2: Remotely piloted aircraft systems with a mass greater than 5 kg but less than or equal to 25 kg, including any load carried; and
• Class 3: Remotely piloted aircraft systems weighing more than 25 kg, including any load carried.

Remotely piloted aircraft systems are divided into 3 categories:

• Category A: Remotely piloted aircraft systems used for recreational and sport purposes only;
• Category B: Remotely piloted aircraft systems for private use, excluding uses for recreational and sporting purposes; and
• Category C: Remotely piloted aircraft systems used for profit.

	Category A Leisure & sport	Category B Private use	Category C For-profit use	Type of document issued by the AACB
Class 1: 0 – 5 kg	1A	1B	1C	Authorization to operate for a limited period
Class 2: 5 – 25 kg	2A	2B	2C	Authorization to operate for a limited period
Class 3: 25 kg and more	3A*	3B*	3C*	Systems operation certificateremotely piloted aircraft

Note: * Above 25 kg, the airworthiness and training requirements for remotely piloted aircraft systems apply

Eligibility conditions to operate a remotely piloted aircraft system.

Is eligible for obtaining authorization to operate a remotely piloted aircraft system:

• any Burundian who is at least 18 years old;
• any resident in Burundi who is at least 18 years old;
• all legal persons regularly established in Burundi who can justify the use of such equipment.

Registration of remotely piloted aircraft systems.

• Any operator or owner of civilian remotely piloted aircraft systems is required to register with the Authority.
• The Authority sets the conditions for the registration of aircraft piloted in Burundi.
• Notwithstanding the provisions of paragraph 2.1 of this chapter (page 13), the Authority may exclude certain classes and categories of remotely piloted aircraft systems from the registration requirements.

Note: Although an integral part of the remotely piloted aircraft systems, the remote cockpit (RPS) is not entered in the aircraft register.

Airworthiness of remotely piloted aircraft systems.

• The owner or Operator of a remotely piloted aircraft system must ensure that all of its components are in working order and following the supplier’s operating manual.
• The Authority may require a remotely piloted aircraft system of a certain class and category which has received a type certificate to obtain a certificate of airworthiness.
• It is the responsibility of the RPA operator to ensure that the RPA system is airworthy before conducting an air operation. Airworthiness means that at least the following conditions are met:
• the remotely piloted aircraft systems have been maintained following the maintenance schedule and schedule specified by the manufacturer;
• the requirements of any airworthiness directive (or an equivalent document) issued by the manufacturer of the aircraft, the control station, or any other secondary component have been implemented;
• all modifications and repairs to the remotely piloted aircraft system have been carried out following the manufacturer’s instructions, and no unapproved modifications have been made;
• all remotely piloted aircraft systems equipment necessary for safe flight is in working order.

OPERATION OF REMOTELY PILOTED AIRCRAFT SYSTEMS 

Obligations of owners and operators of remotely piloted aircraft systems

• The Operator of Class 3 remotely piloted aircraft systems must obtain an operator’s certificate issued by the Authority.
• The Operator of remotely piloted aircraft systems is responsible for the safe conduct of his operation. This requirement includes developing and implementing a safety management system (SMS) if required by the Authority.
• The Operator of remotely piloted aircraft systems must comply with all the requirements established by the Authority concerning its operations.
• The Operator accepts responsibility for the services he subcontracts from the service providers. (Example: communication service providers) as necessary to carry out its operations.
• Responsibility for operational control rests with the Owner or Operator of the remotely piloted aircraft systems registered in the registrar.
• The owner or Operator of a remotely piloted aircraft system should ensure that it is entered in the registration register per the provisions of this Regulation.

Authorization of flights and operations of remotely piloted aircraft.

• No one may operate a remotely piloted aircraft system in Burundi unless authorized to do so.
• Notwithstanding the provision of paragraph 1. above, operators of remotely piloted aircraft systems may be authorized to operate them according to the category of use:
  • For remotely piloted aircraft systems used in leisure and sport, authorization is granted through registered clubs established under the provisions of these regulations;
  • For remotely piloted aircraft systems used for private use, the authorization is granted directly to the Operator by the Authority under the provisions of this Regulation;
  • For remotely piloted aircraft systems used for profit, authorization shall be granted according to this Regulation.
• No one may operate a remotely piloted aircraft system used for international navigation from or to Burundi.

Operation in prohibited or regulated zones.

Remotely piloted aircraft systems cannot be used:

• in a negligent manner likely to endanger another aircraft, the persons and property of others;
• in a way that violates or infringes on the privacy of private property or homes of persons;
• above 300 feet above the ground unless permitted by the Authority concerned with the agreement of air navigation services;
• in prohibited areas.
• over the high seas without prior coordination with the services of the Air Navigation ;
• in restricted or hazardous areas or any area notified by the Authority except with the latter’s permission and following any conditions imposed by it.

Limits on the use of a remotely piloted aircraft system

• An entertainment or sport category remotely piloted aircraft system may not be operated above 300 feet above the ground.
  • Remotely piloted aircraft system flights in the for-profit or professional use category may not be carried out at a height exceeding that specified by the Authority.
  • A remotely piloted aircraft system may not be used: 
• at night;
• and in conditions other than day VMC flight.

Certification of the remotely piloted aircraft system

Remotely piloted aircraft systems engaged in profit or professional operations must obtain certification from the Authority per the regulatory provisions in force.

Notification of incident/accident relating to the operation of a remotely piloted aircraft system.

• The Operator of a remotely piloted aircraft system must ensure that all incidents and accidents involving the system are notified to the Authority following the provisions of the civil aviation regulations on safety management.
• The Aviation Accident and Incident Investigation Office is responsible for investigating all accidents and serious incidents involving remotely piloted aircraft systems.

Authorization of remotely piloted aircraft systems for private use

• Any operator or person who intends to conduct operations with a remotely piloted aircraft system must request authorization from the competent authorities and be authorized to do so before starting any operation.
  • RPAS remotely piloted aircraft systems must meet the requirements for the specific airspace in which they are to operate.
  • Unless otherwise specified by the Authority, the authorization request required in this paragraph includes in particular:
• Name and contacts of the Operator;
• Criminal record less than 3 months, if applicable;
• Characteristics of the remotely piloted aircraft system (aircraft type, maximum certified take-off weight, number of engines, wingspan);
• Call sign for use in radiotelephone communications, if applicable; 
• Copy of the remote pilot’s license or certificate;
• Description of the intended operation (including, type or reason for the operation), flight rule, line-of-sight flight operation if applicable, date of the intended flight, point of departure, destination, speed of cruise, cruise levels, route to follow, duration/frequency of flights;
• Special operations manual and maintenance manual
• Take-off and landing performance;
• Performance characteristics of the remotely piloted aircraft system including:
• Operating speeds;
• Typical and maximum rates of climb;
• Typical and maximum rates of descent;
• Typical rate s and turn maxima;
• Other relevant performance data (for example, wind limitations, limitations relating to icing, precipitation; and
• Maximum autonomy of the aircraft.
• Communication, navigation and surveillance skills,
  • Safety of aeronautical communications, frequencies, and equipment, including:
    • communications (coordination with air traffic services) including any alternative means of communication;
      • command and control links including performance parameters and designated areas of operational coverage;
      • communications between the remotely piloted aircraft (RPA) remote pilot and the RPA observer, if applicable;
  • Navigation equipment; and
  • Surveillance equipment (e.g., secondary radar, ADS-B)
• Detection and avoidance skills;
• Emergency procedures including;
  • Failure of communications with air traffic services;
    • Command and control link failure; and
    • Communication failure between the remote pilot and the RPA observer, if applicable.
• Number and location of remote pilot stations as well as transfer procedures between remote pilot stations, if applicable;
• A document attesting to the noise certification, if applicable;
• Confirmation of compliance with security requirements;
• Description and information on the payload; and
• Proof of purchase of insurance covering all risk liability.
  • When certain documents required under this paragraph are issued in a language other than French, the Operator must ensure that the content is translated into French.

Detection and avoidance

Any remotely piloted aircraft system to be operated beyond-line-of-sight flight must be equipped with a detection and avoidance system.

Command and control

The owner or Operator of the remotely piloted aircraft system must ensure that they maintain the controls and controls of the remotely piloted aircraft system at all times during the flight.

Communication with air traffic services (ATC)

• Remote pilots must ensure that ATC is informed of any operation that must take place in areas likely to affect air traffic;
• The air navigation service provider (ANSP) shall establish procedures, acceptable to the Authority, integrating the operation of the remotely piloted aircraft system in the airspace to ensure aviation safety. in its communication and surveillance aspects;
• The procedures referred to in paragraph 2) above shall prescribe and detail the information to be transmitted to ATC by the remote pilot before and during the operations of the remotely piloted aircraft system;

Examination of the premises

• Before a remotely piloted aircraft system, the Authority should assess each site to determine if it is suitable to ensure that operations can be carried out safely. The assessment consists of a site visit, the use of aeronautical charts and other sources of information, digital images (satellite image or 3D image, etc.).
• The following should be included in an assessment but not limited to:
• the definition of the limits of the area where the operations will take place;
• the airspace class and specific airspace-related arrangements (e.g., controlled airspace);
• the altitudes and routes that will be used for the approach to the areas where operations will take place and for the departure from these areas;
• other aircraft operations (e.g., proximity to aerodromes, including
• Heliports and hydro airports, or other operating sites);
• hazards associated with surrounding industrial sites;
• areas with high-intensity radio transmissions or interference electromagnetic (e.g., radar stations);
• the limits and/or restrictions of local regulations;
• the location and height of obstacles (e.g., wires, masts, buildings, cell phone towers, wind turbines, etc.);
• airspace restrictions;
• built-up areas, major roads, and recreational activity sites;
• security measures to limit public access;
• the prevailing weather conditions at the site and proposed flight areas;
• the minimum separation distance from people, vehicles, and structures.

Operations in the vicinity of an aerodrome.

Except with the written authorization of the Authority, no one may operate a remotely piloted aircraft system in the vicinity:

• and within a radius of 10 km around the aerodrome reference point;
  • take-off and approach trajectories;
  • navigation aids;
  • of the aerodrome circuit ;
  • waiting racetracks in the terminal area.

Operations in the aerodrome circuit.

The Authority may, after approval of the operation of a remotely piloted aircraft system:

• Impose operating restrictions on approval in the interest of safety;
  • Publish the details of the approval in aeronautical information publications (NOTAM or AIP);
  • Revoke or modify the conditions of approval and publish details of the revocation or modification in the NOTAM or AIP.

Operations taking place in a closed environment

• These provisions apply to the use of a remotely piloted aircraft system inside a building or structure, or even in an underground environment:
  • If the only people present are the remotely piloted aircraft system crew, clearance is not required.
  • If the crew of the remotely piloted aircraft system and persons directly involved in the operation of the remotely piloted aircraft system are present (e.g., actors on a film set) and no spectators or guest is present, a certificate is not required. However, the Operator of the remotely piloted aircraft system must ensure that all persons involved in using the system are informed of the possible dangers and risks.
  • If persons inside the structure not participating in the remotely piloted aircraft system (e.g., spectators during a sporting event, participants in a demonstration during a trade fair, etc.) are present, authorization is required.
• In all of the situations described above, the Operator of the remotely piloted aircraft system must obtain the consent of the owner of the building or land before carrying out operations.

Control of a remotely piloted aircraft system from a moving vehicle

Note: At this time, it is not possible to determine from the information whether a remotely piloted aircraft system can be safely controlled from another aircraft or a moving land vehicle in a manner that ensures a level of adequate security.

Certificate applicants wishing to perform such operations must provide the Authority with a security assessment that shows that the risks of these operations can be reduced to an acceptable level.

Dangerous Operations.

• No one may:
  • Operate a remotely piloted aircraft system in a deliberately neglected manner or reckless, which could endanger the life or property of others; Where
  • Drop from a remotely piloted aircraft an object that could endanger the life or property of others.
• Any remote pilot must stop the flight when he has reason to believe that the continuation of the flight is dangerous for the operations of civil aviation, the persons, or the goods.

Transport of dangerous goods.

No one may transport or cause to be transported, delivered, or have delivered dangerous goods for transport on board a remotely piloted aircraft.

Flight in direct view of the remote pilot.

The remote pilot must maintain normal permanent visual contact (without assistance) with the remotely piloted aircraft to be able to:

• Maintain operational control of the aircraft; and 
• Constantly locate the aircraft.

Multiple operations of remotely piloted aircraft systems.

No one may operate as a remote pilot on more than one remotely piloted aircraft system at a time.

Operations near an aircraft: priority rules.

• The remote pilot must see and avoid other aircraft and vehicles and give way to all aircraft and vehicles.
• The remote pilot must, at all times during the flight of the remotely piloted aircraft, meet the criteria specified in Article 20 above to maintain visual contact with other aircraft and vehicles.
• Yielding means that the remotely piloted aircraft must give way, by a right turn, without passing over, under, or in front of the other aircraft or vehicle.

Operation in populated areas.

No person may operate a remotely piloted aircraft system over an assembly or crowd of persons in the open air unless such assembly or crowd is a direct part of the operation of the unmanned aircraft system.

Familiarization, inspection, and pre-flight actions of a remotely piloted aircraft.

Before the flight, the remote pilot must:

• Evaluate the operating environment, taking into account the risks to people and property in the immediate vicinity, both on the ground and in the air. The assessment includes:
  • Local weather conditions;
  • Local airspace and flight restrictions;
  • The location of people and property on the ground; and
  • Other ground hazards.
  • Ensure that all those involved in aircraft operations receive a briefing that contains operating conditions, emergency procedures, roles and responsibilities, and potential hazards;
  • Ensure that all links between the ground station and the remotely piloted aircraft are functioning properly;
  • ensure that there is sufficient power for remotely piloted aircraft system operations during the scheduled time of operations and five minutes after operations if the remotely piloted aircraft is powered.
  • Each person involved in the operation must perform the tasks assigned by the remote pilot.

Cancellation, suspension, or modification of the authorization.

Notwithstanding the provisions of Article 18 above, the Authority may cancel, suspend, or modify any authorization granted under this Regulation in the interest of safety and security.

COMMERCIAL OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEMS

Remotely piloted aircraft system operator certification.

The remotely piloted aircraft system must be certified by the Authority for commercial operation per this Regulation.

Compliance of the remotely piloted aircraft system operator’s certificate.

• No person may engage in the commercial operation of a remotely piloted aircraft system unless he has a valid remotely piloted aircraft system operator certificate issued by the Authority.
• The remotely piloted aircraft system operator certificate authorizes the Operator to conduct remotely piloted aircraft system operations following the conditions and limitations detailed in the operations specifications (OpSpecs) attached to the certificate.
• The issuance of the remotely piloted aircraft system operator’s certificate by the Authority is subject to the Operator’s ability to demonstrate that its organization, its method of control and supervision of operation, its training program, ground handling operations, and maintenance are adequate and compatible with the nature and extent of the operation specified and, appropriate to the size, structure, and complexity of the organization.
• Every commercial Operator of a remotely piloted aircraft system shall develop and implement a safety management system (SMS) per its operational requirements established under the Civil Aviation Code and regulations set under this Code.

Application for a remotely piloted aircraft system operator’s certificate.

• Any operator requesting a remotely piloted aircraft system operator’s certificate from the Authority must submit an application:
  • In the form and manner prescribed by the Authority;
  • Containing any information that the Authority deems necessary.
  • Accompanied by proof of payment of a fee prescribed by the Authority.
• The remotely piloted aircraft system operator’s certificate must contain at least the following elements:
  • The issuing Authority;
  • The number of the certificate and its expiry date;
  • The name of the Operator, the trade name (if different), and the address of the main establishment;
  • The date of issue and the name, signature, and title of the representative of the Authority;
  • The geographic location of the operational management headquarters;
  • Description of the types of operations authorized;
  • The type (s) or model (s) of remotely piloted aircraft system to be used; and 
  • The authorized geographical areas of operation.
• The validity of the Operator’s certificate depends on the ability to maintain the requirements of paragraph 2) above under the supervision of the Authority.
• The applicant must submit their initial or renewal application for the remotely piloted aircraft system operator’s certificate at least sixty (60) days before the scheduled start date of operation.

Issue of a remotely piloted aircraft system operator’s certificate.

The Authority may issue a remotely piloted aircraft system operator’s certificate to the applicant if the applicant;

• At its head office and is registered in Burundi;
• Complies with the regulations and standards in force for the Operator’s certificate of remotely piloted aircraft system;
• Is suitably qualified and sufficiently equipped to conduct safe commercial operations of the remotely piloted aircraft system;
• Has a security program approved per the Civil Aviation Security Regulations and meets all other requirements specified by the Authority.

Validity and renewal of a remotely piloted aircraft system operator’s certificate.

• A remotely piloted aircraft system operator’s certificate issued by the Authority is valid for 12 months from the date of issue or renewal, unless:
  • The Authority specifies a shorter period;
  • The Authority modifies, suspends, revokes, or terminates the certificate;
  • The certificate holder abandons it and returns it to the Authority;
  • The certificate holder notifies the Authority of the suspension of operations.
• The Operator must submit a renewal request to the Authority at least one (01) month before the certificate expires.
• A suspended or revoked certificate must be returned to the Authority.
• The applicant for a certificate, which has already expired, must make an initial request.

Amendment of the remotely piloted aircraft system operator’s certificate.

• The Authority may amend a remotely piloted aircraft system operator’s certificate if:
  • The Authority determines that the modification is necessary for the safe commercial operation of the system.
  • The certificate holder requests a modification, and the Authority determines that the change is necessary.
• The certificate holder shall carry out operations per the amendment, as long as this amendment is in force.

Surveillance, inspections, and tests.

The Authority performs surveillance, inspections, and tests on the holder of the remotely piloted aircraft system operator’s certificate to ensure its ability to keep the certificate and associated approvals up to date.

Personnel required for the commercial operation of a remotely piloted aircraft system.

• The Operator of a remotely piloted aircraft system must have a Responsible Officer acceptable to the Authority, with sufficient Authority to ensure that all the resources necessary for the operation of the system are available;
• The Responsible Manager must have sufficient qualified and competent personnel to carry out the tasks and activities planned under the applicable requirements;
• The Operator must establish an initial and recurrent training program to ensure the continuing competence of his staff.
• The remote pilot of an RPA system is responsible for the operation and safety of the aircraft during flight. As with manned aircraft, the remote pilot may not handle the controls and may occasionally supervise another remote pilot. The remote pilot may be supported by other crew members who have been assigned functions essential to the operation of the RPA (e.g., payload operators, visual observers, launch and recovery system operators, and mission planners). Crew members involved in using an RPA system must, during flight, obey the remote pilot’s instructions.
• Persons associated with operating the remotely piloted aircraft systems (visual observers, maintenance technicians, and payload operators) must be at least 18 years of age.

Operations manual.

The Remotely Piloted Aircraft System Operator shall prepare an operations manual per these Regulations and submit it to the Authority for approval.

Authorization of operations of a remotely piloted aircraft system for profit.

• The holder of a remotely piloted aircraft system operator’s certificate may not undertake the commercial operation of the system except with authorization issued by the Authority.
  • The holder of a remotely piloted aircraft system operator’s certificate may not operate a remotely piloted aircraft flight departing from a location in Burundi and ending at a place located outside Burundi without prior authorization from the State of destination and any other State whose airspace is overflown by the aircraft.
  • The holder of a remotely piloted aircraft system operator’s certificate may not perform a remotely piloted aircraft flight starting at a location outside Burundi and ending at a place inside Burundi or fly over the airspace of Burundi without the authorization of the Authority.
  • Anyone who intends to operate a remotely piloted aircraft system must request authorization from the Authority before carrying out such an operation.
  • The remotely piloted aircraft system must meet the performance and transport requirements of equipment or material for the specific airspace in which the flight is conducted.
  • Unless otherwise prescribed by the Authority, the authorization request must at least include the following elements:
  • The name and address of the Operator;
  • The characteristic details of the remotely piloted aircraft system (type of remotely piloted aircraft, maximum take-off weight, number of engines, wingspan);
  • A copy of the registration certificate;
  • The radiotelephone identification of the aircraft, if applicable;
  • A copy of the certificate of airworthiness;
  • A copy of the Operator’s certificate;
  • A copy of the remote pilot license;
  • A copy of the aircraft radio station license, if applicable;
  • Description of the planned operation (including the type of operation and purpose), flight rules, remote pilot view flight operations (VloS), if applicable, the scheduled date of flight (s), point of departure, destination, cruising speed (s) ), cruising level (s), route to follow, duration or recurrence flights;
  • The take-off and landing conditions; 
  • The remotely piloted aircraft system performance characteristics including:
  • operational speed;
  • the normal and maximum rate of climb;
  • the normal and maximum fertility rate;
  • the normal and maximum rate of turn;
  • other relevant performance data (for example, limitations of wind, icing, precipitation); and
  • maximum autonomy of the aircraft;
  • Communication, navigation, and surveillance capacity:
    • aviation safety communication frequencies and equipment, including understood:
    • communications with ATC, including means of communication from relief;
    • command and control links, including control parameters performance and selected operational area;
    • communications between the remote pilot and the aircraft system observer remotely piloted, if applicable;
    • navigation equipment;
    • surveillance equipment (e.g., SSR transponder, ADS-B);
  • The ability to detect and avoid;
  • Emergency procedures, including:
    • communications problem with ATC;
    • command and control problem; and
    • Remotely piloted aircraft observer communication problem, if appropriate;
  • The number and location of the remotely piloted aircraft system stations, as well as the transfer procedures between stations, if applicable;
  • The document certifying the anti-noise certification, if applicable;
  • Confirmation of compliance with the Civil Aviation Security Regulations;
  • Information and description of the payload; and
  • The appropriate insurance certificate.

When the documents identified in paragraph 6. above are issued in a language other than French or English, the Operator must ensure that an English translation of the documents is included.

Certification of professional pilots of remotely piloted aircraft system

• No person shall operate a remotely piloted aircraft system weighing 25 kg or more unless they hold a valid remotely piloted aircraft system pilot license issued or validated by the Authority per the applicable provisions.
• An applicant for the remotely piloted aircraft system pilot license referred to in the above paragraph shall:
  • be over 18 years of age;
  • hold a class 3 medical certificate;
  • demonstrate that they have a level of English language proficiency equal to or above level 4;
  • pass an initial test of aeronautical knowledge covering the areas specified in the Civil Aviation Regulations on personnel licensing.
• Remotely piloted aircraft system remote pilots must hold, where applicable, an appropriate qualification of the type of operations they will perform, including:
  • the type rating;
  • instrument rating; and (c) instructor qualification.

Validity of a remotely piloted aircraft system pilot license.

The remotely piloted aircraft system pilot license is valid for twenty-four (24) months, subject to the validity of the medical certificate.

Instruction for the commercial operation of the remotely piloted aircraft system.

An approved instructor trains the remote pilot following the training program approved by the Authority

Instrument and equipment requirements.

The Authority prescribes the instrument requirements for remotely piloted aircraft system operators for specific operations according to:

1. The class and category of remotely piloted aircraft system;
2. The type of operation;
3. Special authorizations requested.

Emergencies

• To establish safe aircraft operating procedures, PER applicants must complete the Safety Risk Assessment Form.
• Loss of link – General
  • There are many acceptable ways to meet the link loss requirements. However, procedures related to lost links must ensure that the aircraft’s flight path remains predictable and does not pose a risk to other airspace users.
  • Link loss procedures in the PER request should include, where applicable, the flight path and circuit points in case of link loss, transponder use, procedures, communication (with whom and when), and planned flight outage points or other contingency planning measures if RPA recovery is not feasible.
  • The remote pilot must assess the risks associated with the particular circumstances of the link loss and establish when the automated recovery or flight abort maneuvers will begin.
  • Suppose a link loss could result in a situation where the aircraft enters controlled airspace or an area with reporting requirements (i.e., restricted airspace). In that case, the certificate applicant must provide the plan for loss of link to the relevant ATS unit or air traffic control provider before performing the proposed operation.
• Loss of link during an operation authorized in IFR
  • Unless otherwise cleared, if an aircraft is operated under an IFR clearance, the link loss procedure must comply with the last ATC clearance for a sufficient time so that the ATS unit is informed of the loss of link and can ensure the resolution of conflicts.
  • Link loss procedures that deviate from standard IFR communication loss procedures must be coordinated in advance with the relevant ATS unit (s) and included in the PER request and the operations manual.
  • Unless otherwise authorized, link loss procedures should:
  • limit RPA theft to overwater or sparsely populated areas to reach a predetermined point of VLOS link loss to reestablish the link;
  • avoid unpredictable U-turns and/or altitude changes;
  • avoid locating holding points in the event of a loss of connection in an area published hold, air route, or air route.
  • If the link is not reestablished within a predetermined period specified in the PER request, the RPA may:
    • perform an automatic landing;
    • go to another lost link point to reestablish the link;
    • get to a point of flight interruption.
  • When multiple or concurrent RPA operations are planned in the same region, the certificate applicant must provide a separation plan in the event of a simultaneous link loss scenario. For example, the conflict elimination plan may include different altitudes and horizontal separation provided by independent link loss points.
• Flight interruption
  • All RPA systems must have adequate system redundancies and operate independently to ensure their overall security and predictability.
  • To avoid a situation where the remotely piloted aircraft is adrift and protects other airspace users, RPA systems without redundancies might require an independent flight interruption system that the RPA remote pilot can activate.

Requirements for emergency equipment

The relevant crew member (s) must have access to emergency equipment, including a portable fire extinguisher of a type capable of extinguishing fires that are likely to occur.

Medical condition and use of drugs or alcohol.

• The holder of a remote pilot license shall refrain from exercising the privileges of his license and related ratings as soon as he experiences any reduction in his physical or mental ability, which would put him in the inability to exercise these privileges safely and adequately.
• No person may fly a remotely piloted aircraft or operate a remotely piloted aircraft system if he is or appears to be under the influence of:
• Alcohol, psychoactive substances; Where,
• Drug which could affect its faculties in a way that compromises safety.

Responsibility of the remote pilot.

• The remote pilot is directly responsible for and has authority over the operations of the remotely piloted aircraft.
• The remote pilot must ensure that the remotely piloted aircraft does not harm other aircraft, persons, or property even if the aircraft loses control for any reason.

PRIVATE, LEISURE, AND SPORTS OPERATIONS OF REMOTELY PILOTED AIRCRAFT SYSTEMS

Recreational and Sports operation of remotely piloted aircraft system.

• The operation of a remotely piloted aircraft system for recreational and sporting purposes must be carried out in a club registered per these regulations and approved by the Authority.
• The authorization is given under paragraph 1. above is valid for twelve (12) months.
• The Authority shall develop a system for the approval of clubs, including requirements relating to the club’s composition, documentation, and internal regulations.
• In paragraph (1), the clubs referred to must provide the Authority with details of their geographic areas of operation and working hours for approval.
• The Authority shall separate and notify these designated airspaces, including limitations, in NOTAM or AIP for use by remotely piloted aircraft system operators.

Instruction for the recreational and sports operation of remotely piloted aircraft systems.

• The clubs shall prescribe the minimum training requirements for the operation of a remotely piloted aircraft system within the club’s framework.
• The training requirements must be documented and submitted to the Authority for acceptance.

AUTONOMOUS REMOTELY PILOT AIRCRAFT SYSTEM 

Use of an autonomous remotely piloted aircraft system

1. The use of an autonomous remotely piloted aircraft system should be strictly limited to government missions such as rescue or emergency, disasters, search and rescue, and other government operational missions.
2. The president of the National Civil Aviation Security Committee (CNSAC) must issue an authorization for a specific period that allows the government entity to operate an autonomous remotely piloted aircraft system in a particular area.
3. The CNSAC shall prescribe the conditions and limits for the autonomous operation of the system to ensure that they do not compromise public safety or the safety of other aviation operations.
4. The government entity that operates an autonomous remotely piloted aircraft system must comply with prescribed conditions, limitations, and other operational requirements.
5. The operation of the autonomous remotely piloted aircraft system must comply with the rules of the air applicable to all aircraft in the airspace of Burundi.

SECURITY REQUIREMENTS 

Security program requirements

• The Operator of a remotely piloted aircraft system must develop and submit security procedures following the Civil Aviation Regulations in matters of security to the Authority’s acceptance.
• The Operator of a remotely piloted aircraft system must specify the security measures, procedures, and practices to be followed by the Operator to protect pilots and installations against acts of unlawful interference.
• The remotely piloted aircraft system operator shall establish and maintain security measures, including the identification and resolution of problems generated by suspicious activities which may constitute a threat to civil aviation:
  • At a remote pilot station;
  • On the system; and
  • In facilities under system operating control.
• The specific security measures referred to above must prescribe provisions:
  • Those buildings/premises used for the preparation, maintenance, parking, including the ground station, of a remotely piloted aircraft system, must be safe and secure at all times against unauthorized access;
  • For the protection of critical information technology and communication systems used in operations against any interference that could compromise the security of civil aviation;
  • For the protection of flight documents;
  • That commercial operators requesting the use of a camera should include details of the use of the camera in the application for review and approval of safety;
  • Requirements for checking and searching specific places inside and outside the exterior of the remotely piloted aircraft system; and
  • The persons engaged in the operation of the system are subject to frequent checks and are adequately trained.

Security obligations for operators of remotely piloted aircraft systems.

• The Operator of remotely piloted aircraft systems is responsible for the safe operation of the system, including associated facilities, personnel, and equipment.
• The Remotely Piloted Aircraft System Operator must ensure that the system or any component that is no longer in use is completely disengaged. activated, or destroyed to prevent unauthorized use.
• The Operator of remotely piloted aircraft systems must comply with the directives or security circulars issued by the Authority.

Acts of unlawful interference against civil aviation.

• The Operator must have response procedures for operating personnel to deal with threats and incidents involving the operation of a remotely piloted aircraft system.
• The Operator or owner of a remotely piloted aircraft system shall ensure that reports on acts of unlawful interference are promptly submitted to the Authority per the Civil Aviation Security Regulations.

Security check for the remote pilot or the owner.

• Upon receipt of an application for a remote pilot license or registration of a remotely piloted aircraft system, the Authority verifies the compliance and accuracy of the application. In addition, it provides the applicant’s information to the competent security authorities for a thorough security check before the certificate is issued.
• The Authority only issues certificates to persons who have undergone a security threat assessment by competent security organizations.
• Security threat assessment involves checking security parameters, including Interpol and international parameters, terrorism watchlists, and other relevant sources to determine whether a person constitutes or may constitute a threat to national security and confirm the person’s identity.
• If the relevant security organizations determine that the certificate applicant poses a security risk or threat, the Authority shall refuse the request.
• A remote pilot license or registration certificate whose holder constitutes a security threat is amended, modified, suspended, or revoked based on security findings by the competent bodies.
• The competent security organizations carry out background checks and criminal records of all personnel employed in a remotely piloted aircraft system every 24 months.

Security measures for the Operator or owner of a remotely piloted aircraft system.

The holder of a remotely piloted aircraft system operator’s certificate issued under this Regulation must:

• Ensure that unmanned aircraft systems, not in use, are stored securely to prevent and detect interference or unauthorized use;
• Ensure that the remotely piloted aircraft system is protected against acts of unlawful interference;
• Ensuring that the remotely piloted aircraft system is maintained and prepared for flight in a manner that prevents and detects intrusion and ensures the integrity of the system;
• Designate a security coordinator responsible for the implementation, application, and supervision of security controls; and
• Ensure that all personnel employed in setting up, handling, and maintaining the remotely piloted aircraft have received security awareness training.

Notification

• No remotely piloted aircraft may be launched or recovered from public or private property without the site owner’s consent.
• The pilot or the owner of the remotely piloted aircraft must request authorization or notify the competent authorities before commencing operations.

Privacy and confidentiality.

• Any operator of a remotely piloted aircraft system outfitted with a camera must conduct their operations in a way that respects the privacy of others.
• It is prohibited to use a remotely piloted aircraft to do any of the following:
  • Monitor a person without their consent;
  • Monitor private property without the consent of the owner;
  • Photograph or film an individual, without their consent, to publish or broadcast the photograph or the video. This requirement does not apply to public gatherings or events.
• Infrared or other similar thermal imaging equipment installed on remotely piloted aircraft must be used exclusively for:
  • Scientific research or investigation;
  • Mapping and assessment of the land surface, including the surface of waters
  • Research and evaluation of crops, livestock, or agricultural operations;
  • Forest survey and management; and
  • Other similar research of vegetation or fauna.

GENERAL PROVISIONS 

Archiving of files.

• The Operator of a remotely piloted aircraft system must ensure reliable conservation and traceability of all its activities through archiving that must cover at least the following elements:
  • The Operator’s organization;
  • The Safety Management System (SMS), according to ICAO standards; (c) Training and monitoring of staff skills;
  • Documentation of all key management system processes;
  • Maintenance records;
  • Safety and security management records.
• Records must be kept in conditions that ensure protection against damage, tampering, and theft.
• The records identified in paragraph 1. above must be up to date and sufficiently detailed, and the experience and qualification conditions must be met for commercial operation.

Insurance.

• No person may operate or hire another person to operate a remotely piloted aircraft system unless he has an insurance policy for risks against third parties.
• The Operator of a remotely piloted aircraft system must keep the certificate of insurance in its original form at the system’s operation management location or another location specified by the Authority.

Application to the government and forces visiting Burundi.

• These regulations apply to all aircraft, except military aircraft, belonging to or exclusively used in government services.
• Unless otherwise specified, authorities of the defense and security forces, members of any visiting force, and property held or used for such force are exempt from the provisions of these regulations regardless of whether the visiting force was part of Burundi’s military force.

Extraterritorial application of regulations.

Except where the context requires otherwise, the provisions of this Regulation must, in

to the extent that:

• They apply to aircraft registered in Burundi, apply to the latter where that they are;
• They apply to other aircraft, apply to such aircraft when in Burundi;
• They prohibit requiring or regulating the accomplishment of anything by a person or through a crew member of any aircraft registered in Burundi, and shall apply to such persons and crew wherever they may be found;
• They prohibit imposing or regulating the performance of any act in connection with any aircraft registered in Burundi by other persons, if the latter are Burundians, to apply to them wherever they can.

Contravention reports.

• Anyone who becomes aware of a violation of one or more provisions of this Regulation must report it to the Authority.
• The Authority shall determine the nature and type of applicable measure or action to be taken against the infringement.

Offenses and sanctions.

• Anyone who contravenes this regulation incurs the penalties and sanctions provided for by the Penal Code and the Civil Aviation Code of Burundi and any other laws or regulations in force in Burundi.
• Any person who fails to comply with these regulations within the prescribed time limits commits an offense and is liable, upon conviction, to a sanction as provided for by the Civil Aviation Code of Burundi as well as to other regulatory texts resulting from it.

Transitional provisions.

• Any certificate, license, permit, or authorization still valid or issued by the Authority before the entry into force of this Regulation shall remain valid until their expiration, revocation, cancellation, or replacement.
• Notwithstanding any other provision of this Regulation, any person who, on the coming into force of this Regulation holds a license, certificate, permit or authorization shall, within six months from the coming into force, or in a more extended period determined by the Minister in charge of civil aviation by notice in the BOB, comply with the provisions of these regulations or cease to hold the license, certificate, permit or authorization.
• Anyone who fails to comply with the provisions of these regulations is sanctioned per the laws and regulations in force in Burundi.

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Notes for recreational drone pilots flying for fun in Burundi

See general rules above.

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Notes for operating Commercial Drone Services in Burundi

COMMERCIAL OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEMS

Remotely piloted aircraft system operator certification.

The remotely piloted aircraft system must be certified by the Authority for commercial operation per this Regulation.

Compliance of the remotely piloted aircraft system operator’s certificate.

• No person may engage in the commercial operation of a remotely piloted aircraft system unless he has a valid remotely piloted aircraft system operator certificate issued by the Authority.
• The remotely piloted aircraft system operator certificate authorizes the Operator to conduct remotely piloted aircraft system operations following the conditions and limitations detailed in the operations specifications (OpSpecs) attached to the certificate.
• The issuance of the remotely piloted aircraft system operator’s certificate by the Authority is subject to the Operator’s ability to demonstrate that its organization, its method of control and supervision of operation, its training program, ground handling operations, and maintenance are adequate and compatible with the nature and extent of the operation specified and, appropriate to the size, structure, and complexity of the organization.
• Every commercial Operator of a remotely piloted aircraft system shall develop and implement a safety management system (SMS) per its operational requirements established under the Civil Aviation Code and regulations set under this Code.

Application for a remotely piloted aircraft system operator’s certificate.

• Any operator requesting a remotely piloted aircraft system operator’s certificate from the Authority must submit an application:
  • In the form and manner prescribed by the Authority;
  • Containing any information that the Authority deems necessary.
  • Accompanied by proof of payment of a fee prescribed by the Authority.
• The remotely piloted aircraft system operator’s certificate must contain at least the following elements:
  • The issuing Authority;
  • The number of the certificate and its expiry date;
  • The name of the Operator, the trade name (if different), and the address of the main establishment;
  • The date of issue and the name, signature, and title of the representative of the Authority;
  • The geographic location of the operational management headquarters;
  • Description of the types of operations authorized;
  • The type (s) or model (s) of remotely piloted aircraft system to be used; and 
  • The authorized geographical areas of operation.
• The validity of the Operator’s certificate depends on the ability to maintain the requirements of paragraph 2) above under the supervision of the Authority.
• The applicant must submit their initial or renewal application for the remotely piloted aircraft system operator’s certificate at least sixty (60) days before the scheduled start date of operation.

Issue of a remotely piloted aircraft system operator’s certificate.

The Authority may issue a remotely piloted aircraft system operator’s certificate to the applicant if the applicant;

• At its head office and is registered in Burundi;
• Complies with the regulations and standards in force for the Operator’s certificate of remotely piloted aircraft system;
• Is suitably qualified and sufficiently equipped to conduct safe commercial operations of the remotely piloted aircraft system;
• Has a security program approved per the Civil Aviation Security Regulations and meets all other requirements specified by the Authority.

Validity and renewal of a remotely piloted aircraft system operator’s certificate.

• A remotely piloted aircraft system operator’s certificate issued by the Authority is valid for 12 months from the date of issue or renewal, unless:
  • The Authority specifies a shorter period;
  • The Authority modifies, suspends, revokes, or terminates the certificate;
  • The certificate holder abandons it and returns it to the Authority;
  • The certificate holder notifies the Authority of the suspension of operations.
• The Operator must submit a renewal request to the Authority at least one (01) month before the certificate expires.
• A suspended or revoked certificate must be returned to the Authority.
• The applicant for a certificate, which has already expired, must make an initial request.

Amendment of the remotely piloted aircraft system operator’s certificate.

• The Authority may amend a remotely piloted aircraft system operator’s certificate if:
  • The Authority determines that the modification is necessary for the safe commercial operation of the system.
  • The certificate holder requests a modification, and the Authority determines that the change is necessary.
• The certificate holder shall carry out operations per the amendment, as long as this amendment is in force.

Surveillance, inspections, and tests.

The Authority performs surveillance, inspections, and tests on the holder of the remotely piloted aircraft system operator’s certificate to ensure its ability to keep the certificate and associated approvals up to date.

Personnel required for the commercial operation of a remotely piloted aircraft system.

• The Operator of a remotely piloted aircraft system must have a Responsible Officer acceptable to the Authority, with sufficient Authority to ensure that all the resources necessary for the operation of the system are available;
• The Responsible Manager must have sufficient qualified and competent personnel to carry out the tasks and activities planned under the applicable requirements;
• The Operator must establish an initial and recurrent training program to ensure the continuing competence of his staff.
• The remote pilot of an RPA system is responsible for the operation and safety of the aircraft during flight. As with manned aircraft, the remote pilot may not handle the controls and may occasionally supervise another remote pilot. The remote pilot may be supported by other crew members who have been assigned functions essential to the operation of the RPA (e.g., payload operators, visual observers, launch and recovery system operators, and mission planners). Crew members involved in using an RPA system must, during flight, obey the remote pilot’s instructions.
• Persons associated with operating the remotely piloted aircraft systems (visual observers, maintenance technicians, and payload operators) must be at least 18 years of age.

Operations manual.

The Remotely Piloted Aircraft System Operator shall prepare an operations manual per these Regulations and submit it to the Authority for approval.

Authorization of operations of a remotely piloted aircraft system for profit.

• The holder of a remotely piloted aircraft system operator’s certificate may not undertake the commercial operation of the system except with authorization issued by the Authority.
  • The holder of a remotely piloted aircraft system operator’s certificate may not operate a remotely piloted aircraft flight departing from a location in Burundi and ending at a place located outside Burundi without prior authorization from the State of destination and any other State whose airspace is overflown by the aircraft.
  • The holder of a remotely piloted aircraft system operator’s certificate may not perform a remotely piloted aircraft flight starting at a location outside Burundi and ending at a place inside Burundi or fly over the airspace of Burundi without the authorization of the Authority.
  • Anyone who intends to operate a remotely piloted aircraft system must request authorization from the Authority before carrying out such an operation.
  • The remotely piloted aircraft system must meet the performance and transport requirements of equipment or material for the specific airspace in which the flight is conducted.
  • Unless otherwise prescribed by the Authority, the authorization request must at least include the following elements:
  • The name and address of the Operator;
  • The characteristic details of the remotely piloted aircraft system (type of remotely piloted aircraft, maximum take-off weight, number of engines, wingspan);
  • A copy of the registration certificate;
  • The radiotelephone identification of the aircraft, if applicable;
  • A copy of the certificate of airworthiness;
  • A copy of the Operator’s certificate;
  • A copy of the remote pilot license;
  • A copy of the aircraft radio station license, if applicable;
  • Description of the planned operation (including the type of operation and purpose), flight rules, remote pilot view flight operations (VloS), if applicable, the scheduled date of flight (s), point of departure, destination, cruising speed (s) ), cruising level (s), route to follow, duration or recurrence flights;
  • The take-off and landing conditions; 
  • The remotely piloted aircraft system performance characteristics including:
  • operational speed;
  • the normal and maximum rate of climb;
  • the normal and maximum fertility rate;
  • the normal and maximum rate of turn;
  • other relevant performance data (for example, limitations of wind, icing, precipitation); and
  • maximum autonomy of the aircraft;
  • Communication, navigation, and surveillance capacity:
    • aviation safety communication frequencies and equipment, including understood:
    • communications with ATC, including means of communication from relief;
    • command and control links, including control parameters performance and selected operational area;
    • communications between the remote pilot and the aircraft system observer remotely piloted, if applicable;
    • navigation equipment;
    • surveillance equipment (e.g., SSR transponder, ADS-B);
  • The ability to detect and avoid;
  • Emergency procedures, including:
    • communications problem with ATC;
    • command and control problem; and
    • Remotely piloted aircraft observer communication problem, if appropriate;
  • The number and location of the remotely piloted aircraft system stations, as well as the transfer procedures between stations, if applicable;
  • The document certifying the anti-noise certification, if applicable;
  • Confirmation of compliance with the Civil Aviation Security Regulations;
  • Information and description of the payload; and
  • The appropriate insurance certificate.

When the documents identified in paragraph 6. above are issued in a language other than French or English, the Operator must ensure that an English translation of the documents is included.

Certification of professional pilots of remotely piloted aircraft system

• No person shall operate a remotely piloted aircraft system weighing 25 kg or more unless they hold a valid remotely piloted aircraft system pilot license issued or validated by the Authority per the applicable provisions.
• An applicant for the remotely piloted aircraft system pilot license referred to in the above paragraph shall:
  • be over 18 years of age;
  • hold a class 3 medical certificate;
  • demonstrate that they have a level of English language proficiency equal to or above level 4;
  • pass an initial test of aeronautical knowledge covering the areas specified in the Civil Aviation Regulations on personnel licensing.
• Remotely piloted aircraft system remote pilots must hold, where applicable, an appropriate qualification of the type of operations they will perform, including:
  • the type rating;
  • instrument rating; and (c) instructor qualification.

Validity of a remotely piloted aircraft system pilot license.

The remotely piloted aircraft system pilot license is valid for twenty-four (24) months, subject to the validity of the medical certificate.

Instruction for the commercial operation of the remotely piloted aircraft system.

An approved instructor trains the remote pilot following the training program approved by the Authority

Instrument and equipment requirements.

The Authority prescribes the instrument requirements for remotely piloted aircraft system operators for specific operations according to:

1. The class and category of remotely piloted aircraft system;
2. The type of operation;
3. Special authorizations requested.

Emergencies

• To establish safe aircraft operating procedures, PER applicants must complete the Safety Risk Assessment Form.
• Loss of link – General
  • There are many acceptable ways to meet the link loss requirements. However, procedures related to lost links must ensure that the aircraft’s flight path remains predictable and does not pose a risk to other airspace users.
  • Link loss procedures in the PER request should include, where applicable, the flight path and circuit points in case of link loss, transponder use, procedures, communication (with whom and when), and planned flight outage points or other contingency planning measures if RPA recovery is not feasible.
  • The remote pilot must assess the risks associated with the particular circumstances of the link loss and establish when the automated recovery or flight abort maneuvers will begin.
  • Suppose a link loss could result in a situation where the aircraft enters controlled airspace or an area with reporting requirements (i.e., restricted airspace). In that case, the certificate applicant must provide the plan for loss of link to the relevant ATS unit or air traffic control provider before performing the proposed operation.
• Loss of link during an operation authorized in IFR
  • Unless otherwise cleared, if an aircraft is operated under an IFR clearance, the link loss procedure must comply with the last ATC clearance for a sufficient time so that the ATS unit is informed of the loss of link and can ensure the resolution of conflicts.
  • Link loss procedures that deviate from standard IFR communication loss procedures must be coordinated in advance with the relevant ATS unit (s) and included in the PER request and the operations manual.
  • Unless otherwise authorized, link loss procedures should:
  • limit RPA theft to overwater or sparsely populated areas to reach a predetermined point of VLOS link loss to reestablish the link;
  • avoid unpredictable U-turns and/or altitude changes;
  • avoid locating holding points in the event of a loss of connection in an area published hold, air route, or air route.
  • If the link is not reestablished within a predetermined period specified in the PER request, the RPA may:
    • perform an automatic landing;
    • go to another lost link point to reestablish the link;
    • get to a point of flight interruption.
  • When multiple or concurrent RPA operations are planned in the same region, the certificate applicant must provide a separation plan in the event of a simultaneous link loss scenario. For example, the conflict elimination plan may include different altitudes and horizontal separation provided by independent link loss points.
• Flight interruption
  • All RPA systems must have adequate system redundancies and operate independently to ensure their overall security and predictability.
  • To avoid a situation where the remotely piloted aircraft is adrift and protects other airspace users, RPA systems without redundancies might require an independent flight interruption system that the RPA remote pilot can activate.

Requirements for emergency equipment

The relevant crew member (s) must have access to emergency equipment, including a portable fire extinguisher of a type capable of extinguishing fires that are likely to occur.

Medical condition and use of drugs or alcohol.

• The holder of a remote pilot license shall refrain from exercising the privileges of his license and related ratings as soon as he experiences any reduction in his physical or mental ability, which would put him in the inability to exercise these privileges safely and adequately.
• No person may fly a remotely piloted aircraft or operate a remotely piloted aircraft system if he is or appears to be under the influence of:
• Alcohol, psychoactive substances; Where,
• Drug which could affect its faculties in a way that compromises safety.

Responsibility of the remote pilot.

• The remote pilot is directly responsible for and has authority over the operations of the remotely piloted aircraft.
• The remote pilot must ensure that the remotely piloted aircraft does not harm other aircraft, persons, or property even if the aircraft loses control for any reason.

See general rules above.

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Useful published information on flying drones in Burundi

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

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NOTE: This page is about the Regulation of Unmanned Aerial Vehicles: 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, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.

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Traveling with a Drone?

Click here to read our Comprehensive Guide For Traveling With A Drone.

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