Costa Rica Drone Regulations Revealed
Regardless of where you are flying, it is highly important and recommended that you know and follow the drone laws and rules of that country. The following is a short summary of the drone laws in Costa Rica and what you need to know as a flyer, whether a hobbyist or a professional. The Costa Rica Federal Aviation Administration is the Ministerio de Transportes Y Obras Publicas (MOPT). This is the governing body that oversees all aviation operations, including the use of UAVs (a.k.a. Drones). In 2015, the Civil Aviation Authority (AACR in Spanish) issued the new "Civil Aeronautic General Resolution No. RCR 105-17" for the use of UAVs. This resolution recognized the rapid advancement of various technology in these small aircrafts, as well as the overall low risk that UAVs present to manned aircraft, allowing certain exemptions to the regulatory requirements that manned aircraft must meet. This came about as a result of significant encouragement of UAV use in agriculture, tourism, and other sectors. Unfortunately, the use of UAVs is not as well understood as their traditional use of film and photography, which is the focus of this piece . As the number of commercial and hobbyist UAVs in Costa Rica grow, there have been increasing reports of UAV use in designated no-fly zones, such as national parks. This is extremely dangerous because it can restrict and/or limit the freedom of flight for park aircraft, endanger wildlife, and in some cases domesticate the animal. There are no authorized agencies in Costa Rica to provide online drone registrations or certifications, or write evaluations to fly drones in the country. The AACR has empowered select attorneys and pilots to evaluate applications on the AACR’s behalf. Only specific attorneys can process your application for simple operations (i.e. weddings, birthdays). The regulator recommends that foreign candidates contact local attorneys who are most familiar with the process. Pilot inspections are required to make sure the applicant meets the technical and legal requirements. Foreigners must apply through a local agency and must be present in Costa Rica during the signature process. The penalty for flying in restricted flight areas is more serious than just a warning; it’s considered a crime and carries possible imprisonment.
Pilot Registration is a Must
Designed to enhance expediency through the use of online portal, Registration through DGAC is available by filing the form approved in the regulations directly on the portal itself. For the specifics, you can check out the DGAC website. The required documentation varies based on the entity or person registering the drone. The following entities are charged with registering unmanned aircraft: A. Natural persons (individuals): -Photocopy of official identification. -Photocopy of the property deed (in case the drone is registered on behalf of a legal entity). -Certificate of a legal representative, if applicable, and a copy of the official identification of the representative. B. Legal persons (legal entities): -Photocopy of official identification. F. Photographic evidence of the registration label, if applicable. Additional funds are not necessary for the registration process itself; however, a fee of 25,000 colones ($44) is required for processing the application, and this applies to any additional permits as well.
Where Drones Can and Can’t Fly
Due to the risk that drones pose to people and property, Costa Rica has instituted the following mandatory operational guidelines for drone pilots:
Maximum Altitude: Drones should not be flown higher than 120 meters (394.2 feet) from the ground. This is the maximum altitude flight for a drone under FAA regulations in the United State, where the standards and regulations governing drone operations overlap with those of Costa Rica.
Permitted Areas for Flight: Drones may be flown in the following areas:
Distance Restrictions from Persons and Property: For safety reasons, drones must be operated at a distance of 150 – 300 meters (492-984 feet) from any people, whether they are observing the flight or not. A minimum distance of 50 meters (164 feet) from any structure, building or vehicle should also be maintained.
Restricted Airspace
National parks, government buildings and other "sensitive" areas in Costa Rica, however, fall among those which are completely banned from drone flights. For example, regulations explicitly stating that all national parks, government buildings, especially the presidential house and the legislative assembly are prohibited from drone flights. They are also prohibited at all times of the year, as opposed to restricted areas which carry a fine or some other form of punishment if the flight is timed improperly.
The following list comprises the most important areas which are completely prohibited for drone flights, whether for recreational or commercial purposes:
- National Parks
- Government Buildings
- Airports
- National Holidays (April 11th, July 25th, August 2nd, September 15th, October 12th)
- Peak Tourist Season (December 15th through the following March)
Drone Privacy and Security Protocols
Costa Rica has incorporated into its legal framework a mechanism for the defense of the individual’s right to privacy and self-image, creating more awareness regarding the protection of an individual’s image in order to respect his/her private life. Article 25 of the Costa Rican Political Constitution broadly recognizes the right to privacy, including image, identity, honor and self-respect. Law 8968 on the Defense of Citizens’ Privacy (also known as the "Habeas Data Law") establishes that no one shall be subject to any mechanism that monitors actions or communications of individuals without their consent, outside specific criminal investigations duly authorized by a judge.
As for the obligation to always ask for permission to film or take photos of people, there is no specific requirement, but Laws 8201 and 8403 guarantee the right to the protection of personal data in both private and public institutions. Article 10 (c) of the Personal Data Protection Law, stating that "no data owner or controller shall… (c) Take measures that induce the owner to give his/her consent to the processing of his/her personal data, or that subordinated it to the supply of a good or service, or to the obtaining of any other benefit or interest, without infringing on his/her rights . " Article 4 (h) of the Data Protection Law also states that "no data controller shall… (h) disseminate, divulge or communicate in any way the owner’s personal data to third parties, without his/her consent." The Data Protection Law defines personal data as information of any origin that is related to a person (Article 3). Therefore, recording video or taking photographs of a person can be understood as personal data. That said, Law 1581, Chapter III, Article 15, adds that the right to hospitality enables the subject to control the disclosure of his or her personal data, granting them authority over the fate of this information. With these two laws, a valid argument can be made that without the consent of the person, using drone technology to record people’s images or sounds is an infringement of their right to privacy as guaranteed by Costa Rica’s Constitution, and no reasonable interpretation would grant the owners of the drone the right to use the information obtained by it without the consent of the individual.
Violating Drone Laws in Costa Rica
Violating Costa Rica’s drone regulations can have serious legal consequences. Sanctions may include fines, confiscation of the drone, or even the revocation of an individual’s ability to use drones for commercial purposes.
The General Directorate of Civil Aviation (Dirección General de Aviación Civil or DGAC) in Costa Rica is empowered to impose fines and other legal consequences for drone violations under Law 7556 and the Reglamento del Sistema Nacional de Aviación Civil. In addition, the Civil Aviation Authority may also seek the destruction of the drone should it be adjudged by a court to be in violation of national law.
As drones have become increasingly popular, it’s likely that some changes will be made to the laws surrounding their use. Although the current laws place restrictions on commercial operators, drone use is still a relatively new concept, and it remains to be seen what impact they will have on commercial airspace and shipping routes.
Drone Pilots should remember this
As a final word to the wise, here is a sampling of tips for the drone enthusiast to safely and legally enjoy Costa Rica’s soaring skies:
Keep Safety in Mind:
Be aware that it is not uncommon for drones to collide with other drones. That is why the government requires registration; it allows for the tracking of a drone operator in case of such an occurrence. Additionally, be sure to carry an up-to-date first aid kit on your trips.
Respect Government and Private Property:
Do not under any circumstances fly a drone near or over government buildings, embassies, airports, or hotels . Violating this rule will result in criminal charges and immediate confiscation of your drone by law enforcement. The same applies to private property – always ask permission from the owner before flying over their land.
Respect the Natural Environment:
Nature is the essence of Costa Rica, so please be respectful of the environment while you engage in drone flying. Be especially careful around wildlife – birds and other animals can be very negatively impacted by the presence of drones. For this reason, the government has established rules to protect the country’s flora and fauna. Certain areas are closed-off to drones completely or have strict rules regarding flying in these areas.