183 Cabo Verde
Five unequal horizontal bands. The top-most band of blue – equal to one half the width of the flag – is followed by three bands of white, red, and white, each equal to 1/12 of the width, and a bottom stripe of blue equal to one quarter of the flag width. A circle of 10 yellow, five-pointed stars is centered on the red stripe and positioned 3/8 of the length of the flag from the hoist side. Blue stands for the sea and the sky, the circle of stars represents the 10 major islands united into a nation, the stripes symbolize the road to formation of the country through peace (white) and effort (red).
Flag courtesy of the CIA World Factbook
Map courtesy of the CIA World Factbook
Marines of the Cape Verdean Coast Guard
Cabo Verde is a member of ICAO.
Last updated on February 20, 2024
Government
According to Britannica, Cabo Verde is a multiparty republic. A constitution, promulgated in 1992 and subsequently revised, established the president as head of state. The president is elected by popular vote for a five-year term, renewable once. The president, in consultation with the popularly elected National Assembly, appoints the prime minister, who serves as the head of government. The prime minister then recommends members of the National Assembly to the president for appointment to the Council of Ministers.
On the local level, Cabo Verde is divided into concelhos (municipalities). While some islands constitute their own municipality, others, such as São Vicente, Fogo, and Santo Antão, are divided into several. Local administration takes place under an assembly, which is elected to proportionally represent the residents of the administrative unit, and a collegial executive body.
The Supreme Court of Justice is the highest court and oversees a network of courts at the local level. It consists of a minimum of five judges, one appointed by the president, one elected by the National Assembly, and the remainder appointed by the Supreme Council of Magistrates. Other courts include a Court of Audit, which monitors the legality of public expenditure, military courts, and fiscal and customs courts. The independence of the judiciary is guaranteed by the constitution.
Civil / National Aviation Authority (CAA/NAA)
The Civil Aviation Agency (CAA) created by Decree-Law no. 28/2004, of 12 July. The CAA is an independent administrative authority, with an institutional basis, endowed with legal personality, bodies, services, personnel and its own assets and administrative and financial autonomy. The CAA is independent in the performance of its functions and is not subject to superintendence or supervision with regard to its regulatory functions, with the exception of the powers attributed to the Government in terms of political and management guidelines provided for by law. Without prejudice to its independence, CAA is attached, for the purposes of its liaison with the Government, to the government department responsible for the area of transport and civil aviation. The member of the Government responsible for the area of transport and civil aviation ensures the relationship between CAA and the Government. The purpose of the CAA is the performance of administrative activities of technical and economic regulation, supervision and regulation of the civil aviation sector, without prejudice to the adjacent functions entrusted to it by the respective statutes, namely the functions of consulting the Government and the National Assembly.
Airspace
SkyVector – Google Maps – ADS-B Exchange
ICAO countries publish an Aeronautical Information Publication (AIP). This document is divided into three parts: General (GEN), En Route (ENR) and Aerodromes (AD). ENR 1.4 details the types of airspace classes they chose to adopt from classes A through G.
Drone Regulations
Drone Operations in the Air Traffic Control Zone
The unregulated use of drones may, in certain situations, be liable to negatively affect the operational safety of air navigation and even the safety of people and goods on the surface.
The operation of drones is not permitted within 2,000 meters of any aerodrome or landing site, and on aircraft flight paths.
The drone operation at an altitude above 120 meters from the surface, must only be carried out with the written authorization of the Civil Aviation Agency (AAC), respecting all the imposed conditions.
AAC authorization is not required if operations are carried out under the following conditions:
- Outside areas subject to restrictions;
- At an altitude of 120 meters (400 feet) or less above the surface;
- As long as the operator is on site (within 100 meters) and has direct control over the unmanned aircraft;
- With good visibility conditions.
The operator is responsible for the safe operation of the drone, maintaining distance from any aircraft and property.
The operator must give priority to passing aircraft and move away from them whenever, for whatever reason, the aircraft are exceptionally flying at an altitude close to the drone.
The pilot must always keep his drone in sight and with identification lights on;
You must follow the manufacturer’s instructions and strive for the good condition of the equipment;
And remember that the drone pilot is responsible for each flight performed.
Before flying, it is essential to find out about all the situations in which you need authorization from the Civil Aviation Agency. If you need authorization from the AAC, you must submit an application for drone operation.
To do this, download the form (aircraft easement form), fill it out and send it in order to be received at the AAC at least 10 working days before the start of the operation.
Drone Regulations Translated into English by Google
Translations
Translations of any materials into English are intended solely as a convenience to the public and are not legally binding. The author has merely attempted to provide a Google translation of the original material to English for convenience. Due to the nuances in translating to a foreign language, several differences may exist so before using for any work or pleasure please have the document translated by a professional service!
Regulation No. 03/AAC/2021
The use of unmanned civil aircraft, usually known as “Drones”, piloted from a remote pilot station or capable of operating autonomously, is today an irrefutable reality, whether in recreational, sports, competition, interest public or in activities of a commercial nature that lead to the exercise of aerial work modalities.
This reality tends to experience a substantial development and increase, and its massive and unregulated operation may, in certain situations, be susceptible to negatively affect the operational safety of air navigation and even the safety of people and goods on the surface, as well as allow its use for the practice of acts of unlawful interference.
Bearing in mind that international standards and recommended practices do not yet exist at an international level, within the International Civil Aviation Organization, applicable to the most varied aspects relating to the use of unmanned aircraft, with the exception of the recent amendment 46 made to Annex 2 and the amendment 175 to Annex 1 to the Convention on International Civil Aviation, but which refer to the use of this new type of aircraft only for international operations carried out in accordance with instrument flight rules, it is important, immediately, to create national rules that, in a first phase, determine from now on the conditions applicable to the operation and use of these aircraft in national airspace, since the current reality refers, essentially, to the use of unmanned aircraft in internal operations.
Thus, this regulation establishes the regime applicable to the use of unmanned aircraft systems (UAS), taking into account, namely, the rules applicable to the organization of airspace and the rules of the air, as well as the various existing realities, with regard to concerns the places where they can or cannot be used. In this context, it is important to highlight the general rule that grants freedom to fly line-of-sight, with unmanned aircraft weighing no more than 25 kg and up to a height of 120 m (400 feet), in cases where the aircraft do not find themselves flying in areas close to airport infrastructure, namely international airports, airfields or ultralight runways. In the vicinity of aerodromes, with reference to flights within the areas that constitute the aeronautical easements already established and published for the protection of existing aerodromes in the national territory of Cape Verde, it is necessary to obtain prior authorization from the corresponding traffic services body air, which must be requested 30 (thirty) minutes in advance of the time you intend to fly with the unmanned aircraft.
As for toy aircraft, what is meant by them is defined, subjecting them to compliance with the provisions of this regulation and defining the maximum height at which they can fly, since, due to the fact that they are a mere toy, they are necessarily subject to stricter height limits than other unmanned aircraft.
With regard to model airplanes, the possibility of being able to fly freely up to heights higher than those generally defined for unmanned aircraft is granted, provided that the flights are carried out in places or runways with areas whose characteristics and lateral and vertical limits are published in the information publications national aeronautics, after authorization from the Civil Aviation Agency, as aeronautical authority. When flights are carried out outside such areas, the general rules apply to model aircraft, namely with regard to flight height limits.
The operation of unmanned aircraft systems in closed or covered spaces is excluded from the scope of application of this regulation, since such situations do not conflict with the operational safety of air navigation and with the use of airspace, falling under the private use of an exclusively domestic scope, with very limited risks, or in the staging of shows, which are subject to their own rules.
On the other hand, the possibility of using UAS to carry out aerial work activities was considered. To this end, the UAS operator, whether a natural or legal person, is required to obtain a UAS operator authorization for aerial work. If the same is not constituted as a legal person, the authorization in question is necessarily punctual and case by case. As the exercise of aerial work activity is carried out on a recurrent and continuous basis, the UAS operator must be constituted as a legal person, applying the same licensing requirements as provided for in the aerial work regulation published by the aeronautical authority to the authorization issuance, with the necessary adaptations.
An aerial work operator already licensed and certified by the aeronautical authority may also decide to use UAS to carry out some types of aerial work. To this end, he must submit an application, identifying the registration number of the UAS operator, requesting an endorsement in his aerial work operator certificate, of aerial work modalities to be carried out using UAS.
Finally, it should be noted that the provisions of this regulation do not remove the need for operators and pilots of these aircraft to comply with other general or sectoral legal regimes that may be applicable.
In this way, the aeronautical authority, as responsible for regulating the entire aeronautical sector, pursuant to paragraph 2 of article 1 of its Statutes, approved in Annex to Decree-Law no. 47/2019, of 28 October, it is also responsible, in accordance with paragraph g) of article 16 of the respective Statutes, to adopt the necessary measures to guarantee the safety conditions of flights, the safe and efficient functioning of airports and air navigation and other activities of civil aviation, creates its own legal regime regarding the conditions for the use of unmanned aircraft in national airspace, contributing to the reinforcement of the operational safety of air navigation.
This Regulation was subject to public consultation, under the terms of article 22 of the Statutes of the aeronautical authority.
Thus, pursuant to paragraph a) of article 15 of the Statutes of the Civil Aviation Agency approved by Decree-Law No. 47/2019, of October 28, in conjunction with No. nº 1/2001, of August 20th, amended by Legislative Decree nº 4/2009, of September 7th, orders the Civil Aviation Agency to publish the following:
CHAPTER I – General Provisions
Article 1 – Object
1. This regulation establishes the regime applicable to the use of unmanned civil aircraft systems in national territory, defining the respective operating conditions and authorization regarding their use.
2. The following are excluded from the purpose of this regulation:
a) The operation of unmanned civil aircraft systems considered State aircraft;
b) The operation of unmanned civil aircraft systems in enclosed or covered spaces.
Article 2 – Scope of application
This diploma is applicable to operators residing or not in Cape Verde who operate unmanned civil aircraft in national territory.
Article 3 – Definitions
For the purposes of the provisions of this regulation, it is understood by:
a) “Airdrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used, in whole or in part, for the arrival, departure and surface movement of aircraft;
b) “Aeromodel”, unmanned aircraft, other than a toy aircraft, with an operational mass of up to 25 kg, capable of sustained flight in the atmosphere and used exclusively for exhibition, competition or recreational activities;
c) “Toy aircraft” means an unmanned aircraft, not equipped with a combustion engine and with a maximum operational weight of less than 0.250 kg, designed or intended, exclusively or not, to be used for recreational purposes by children under 14 years of age;
d) “Unmanned Aircraft (UA)” means an aircraft operated or designed to operate autonomously, or to be piloted remotely without a pilot on board;
e) “State aircraft”, aircraft used in military, customs and police services;
f) “Dangerous area”, airspace of defined dimensions, within which there may be, at specific times, dangerous activities for the flight of aircraft;
g) “Prohibited area”, airspace of defined dimensions, over the territory or territorial waters, within which the flight of aircraft is prohibited;
h) “Reserved area”, airspace of defined dimensions, vertically and laterally, which is normally under the jurisdiction of an aeronautical entity, within which air activities of a temporary nature can be carried out;
i) “Restricted area”, airspace of defined dimensions, over the territory or territorial waters of a State, in which the flight of aircraft is subject to restrictions in accordance with certain specified conditions;
j) “Concentrations of people” means gatherings or gatherings of people where they are prevented from moving away from the trajectory of the UA, due to the density of people present;
(k) “Unmanned aircraft remote control equipment” means an instrument, equipment, mechanism, apparatus, component, computer program or accessory that is necessary for the safe operation of an unmanned aircraft, which is not a part thereof and which is not carried on board the unmanned aircraft;
l) “Maximum operational mass”, mass of the aircraft at the time of take-off, including all installed equipment;
m) “NOTAM (Notice to Airmen)”, notice distributed by means of telecommunications that contains information about the location, condition or alteration of any aeronautical installation, service, procedure or danger and whose timely knowledge is essential for the personnel involved in the operations of flight;
n) “Unmanned aircraft observer”, person designated by the operator who, by visual observation of the unmanned aircraft, helps the remote pilot in the safe conduction of the flight;
o) “Operator” means a person, organization or company involved, or who proposes to involve, in the operation of one or more unmanned aircraft;
p) “Autonomous operation”, operation during which the unmanned aircraft is operated without the intervention of the remote pilot in the management of the flight;
q) “Visual Line-of-Sight (VLOS) operation” means an operation under visual flight rules in which the remote pilot or observer of the unmanned aircraft maintains direct visual contact, without assistance, with the said aircraft;
r) “Operation beyond the line-of-sight (BVLOS, Beyond Visual Line-of-Sight)”, operation where neither the remote pilot nor the observer of an unmanned aircraft can maintain direct visual contact, without assistance, with the respective aircraft;
s) “Air traffic services unit”, a generic term used to designate, as the case may be, air traffic control unit, flight information center or air traffic services information unit;
t) “Integrated Aeronautical Information Publication Package (IAIP)”, a package consisting of the following elements:
i) Publications of aeronautical information, including the alteration service;
ii) Supplements to aeronautical information publications;
iii) NOTAM and pre-flight information bulletins;
iv) Aeronautical information circulars; and
v) Valid NOTAM checklists and lists;
u) “Remote pilot” means a person who performs the essential functions of the operation of an unmanned aircraft and who manipulates, programs or handles the controls or flight commands, as appropriate, during the flight time;
v) “Airspace reservation”, defined volume of airspace temporarily reserved for exclusive or specific use by certain categories of users;
w) “Unmanned Aircraft System (UAS)” means a system comprising the unmanned aircraft and its remote control equipment;
x) “Psychoactive substances”, alcohol, opiates, cannabinoids, sedatives and hypnotics, cocaine, other psycho stimulants, hallucinogens and volatile solvents, with the exception of coffee and tobacco;
y) “Surface”, line of the upper limit of the soil or water level;
z) “Daytime flight”, a flight conducted between the beginning of morning civil twilight and the end of evening civil twilight, meaning sunrise minus 25 minutes and sunset plus 25 minutes;
aa) “First-person-view (FPV, First-person-view)”, mode of operation of a UAS in which the remote pilot monitors the position of the aircraft through a camera installed in it;
bb) “Night flight” means a flight conducted between the end of the evening civil twilight and the beginning of the morning civil twilight, meaning sunset plus 25 minutes and sunrise minus 25 minutes.
CHAPTER II – Registration of UAS Operators
Article 4 – Mandatory registration
1. Each UAS can only be operated if the respective operator is previously registered with the aeronautical authority, and if this registration is valid.
2. All operators who intend to operate aircraft whose maximum operational mass is greater than 0.250 kg are subject to the mandatory registration, provided for in this article, even if they are amateur-built or intended exclusively for carrying out tests for the purposes of manufacture or production.
3. Except for the provisions of the previous number:
a) Model aircraft and other UAS used exclusively in locations or runways with airspace areas whose characteristics and lateral and vertical limits are published in national aeronautical information publications;
b) The operation of UAS in closed or covered spaces, which contain a physical barrier that prevents the evolution of the aircraft into the airspace.
4. The registration is made at the request of the operator, or whoever legally represents him, who must associate to his registration the aircraft that he intends to operate whose maximum operational mass exceeds that foreseen in number 2.
5. Operators not residing in Cape Verde who use UAS in national territory for a period not exceeding one month are not subject to the obligation set out in paragraph 1, and must make prior notice, being assigned a provisional registration number with validity corresponding to the length of stay in national territory and with express reference to the date of said communication.
Article 5 – registration procedure
The registration is made with the aeronautical authority, and the following mandatory elements must be delivered, namely:
a) The name, civil identification number, tax identification number, email address and telephone contact numbers of the applicant operator, as well as the respective address or headquarters, in the case of a legal person;
b) The serial number of the UAS, if applicable;
c) The identification of the manufacturer of the UAS;
d) The make and model of the UAS, if applicable;
e) The maximum operational mass of the UA;
f) The number of engines in the UA;
g) The type of propulsion of the UA;
h) The dimensions of the UA, namely height, width and length;
i) The type of UA, namely whether it is fixed wing, rotary wing, glider or other;
j) The maximum altitude at which the UA can fly, the maximum displacement speed and the range of action;
k) Purpose of using the UAS;
l) Information on the capacity for coupling a photographic and filming reproduction system;
m) Proof of payment of the due fee.
2. After registration, the aeronautical authority proceeds to send the registration label with the identification code referred to in article 8, by mail, to the address indicated in the act of registration, or make it available at the premises of the aeronautical authority, depending on the applicant’s option, and such authority may also, as an alternative, provide equipment that allows the electronic identification of the UAS.
3. Within the scope of prior communication provided for in paragraph 5 of the previous article, UAS operators not resident in national territory must provide the following information:
a) The name of the applicant for registration and, when the applicant is a person other than the operator, the capacity in which he/she applies, as well as the civil identification number or passport, email address, address or headquarters, in the case of a person collective, and the respective contacts;
b) The maximum operational mass of the UA;
c) The purpose and expected place or places of use of the UAS; and
d) The period of permanence in national territory.
4. Registration is public, with reference to the name, operator contact and registration number.
Article 6 – UAS broadcast
1. The transmission of the UAS must be communicated to the aeronautical authority, by changing the aircraft operator’s identification, within 10 (ten) working days.
2. For the purposes of the provisions of the previous number, the operator that transmits the UAS is obliged to delete the reference to that UAS from its register, simultaneously identifying the operator to whom it was transmitted.
3. In the cases provided for in the previous number, the new UAS operator must update the information relating to the UAS, or, if it is not yet registered, it must register under the terms of this regulation, affixing its personal registration label on the UA structure.
Article 7 – UAS used by operator other than the owner
1. The owner who is not an operator of the UAS, but who transfers it free of charge or for a fee to an operator, must keep an internal record of such transfer, containing the data of the recipient operator, which must be kept for a minimum period of two years after the end of the assignment.
2. The information mentioned in the previous number must be made available to the aeronautical authority, whenever requested.
Article 8 – UAS identification system
1. Once the UAS operator has been registered, the aeronautical authority assigns him an identification code.
2. The registration label containing the identification code referred to in the previous number must be affixed to the structure of the UA(s) used by the operator, and must be kept free of erasures or other damage that could compromise its legibility, except in cases where it is possible to identify the UA through electronic identification equipment.
3. The UAS operator not resident in national territory, mentioned in paragraph 5 of article 4, is assigned a provisional identification code with a “TEMP” reference, with validity corresponding to the length of stay in national territory and with reference to the date of said communication, which must be placed by the person on the UA structure, namely through a label, sticker or any other means that can be fixed or inscribed on the aircraft in an indelible way.
4. The provisions of the previous numbers are not applicable if the aeronautical authority determines the mandatory installation of electronic identification equipment for the aircraft, as provided for in the final part of paragraph 2 of article 5, which must be affixed to the structure of the UA and maintained in operating conditions, in accordance with the regulation of the aeronautical authority that approves the conditions of this identification.
Article 9 – Vicissitudes of registration
1. The registration of UAS operators is valid for five years, and may be renewed within 90 (ninety) days prior to the end of this period, by indicating that the data inherent to the registration remain current and that the aircraft used by the operator continue to under conditions of use.
2. The registration that is not revalidated expires, giving rise to its automatic cancellation.
3. In case of transfer of UAS used by the operator abroad, the information referring to the respective aircraft must be deleted from the operator’s record.
4. The registration of the UAS operator may also be subject to cancellation at the request of the operator or whoever represents him, and the reason must be indicated.
5. Exceptionally, the holder of the registration may request its suspension, for a maximum period of 1 (one) year, without prejudice to any expiry that, however, may occur as a result of the respective period of validity, namely in case of temporary suspension of activity, repair, disappearance, theft or theft of the UA(s)
6. The operator may also delete, from the register, the UAs associated with its register that are written off by it or that it ceases to use in its operations, as well as add new aircraft to its operator register.
CHAPTER III – Rules applicable to the operation of UAS
Article 10 – Minimum age for UAS operation
1. Minors under 16 years of age cannot operate UAS whose aircraft have a maximum operational mass equal to or greater than 0.900 kg, unless accompanied and supervised by an adult, and if the conditions contained in this regulation are fulfilled.
2. The flight of model airplanes in the areas mentioned in article 15 is exempt from the provisions of the previous number, provided that such minors under 16 years of age are framed and affiliated with a sports association dedicated to the practice of model aeroplanes.
Article 11 – General rules of operation
1. UAs can only carry out flights in VLOS operations, up to 120 meters above the surface (400 feet), with the exception of toy aircraft, which must not exceed 30 meters in height (100 feet).
2. UA flights close to a natural or artificial obstacle, namely mountains, cliffs, ravines, antennas or towers, may evolve vertically up to the maximum height/top of that same obstacle, even if it is more than 120 meters high , as long as the aircraft does not move more than 75 meters horizontally from it.
3. In the case of night flights, UAs must fly with identification lights on.
4. The operation of UAS must be carried out in such a way as to minimize risks to people, property and other aircraft.
5. UAs must maintain a safe distance from people and property, in order to avoid damage in the event of an accident or incident.
6. The remote pilot must give priority to the manned aircraft and move away from them whenever, for whatever reason, the manned aircraft are exceptionally flying at an altitude close to the UA.
7. Remote pilots and UA observers cannot perform functions when they are in any situation of incapacity of their physical or mental aptitude, which may affect the safety in the exercise of those functions, nor when they are under the influence of any psychoactive substances or medications that may affect your ability to exercise them safely and properly.
8. The remote pilot must previously certify that both the UA and the rest of the system are in perfect condition for the flight.
9. If there is one or more observers assisting the remote pilot, they must maintain direct visual contact and be able to establish direct bilateral communications at any time, by any means at their disposal.
10. In VLOS operations, more than one aircraft cannot be flown simultaneously.
11. UAs that are flying within the areas mentioned in paragraph 1 of article 15 may fly up to the maximum vertical limit of such areas, even if this is greater than 120 meters above the surface.
Article 12 – Specific rules of operation
1. They are subject to the specific operating rules, provided for in the following articles:
a) Flights close to civil airport infrastructure;
b) Flights performed using model aircraft;
c) Flights performed with toy aircraft;
d) Flights whose execution requires express authorization from the aeronautical authority;
e) Restricted operations and flights.
2. Without prejudice to the provisions of article 27, information relating to airport infrastructure is contained in national aeronautical information publications, namely the Cape Verde IAIP and the VFR Manual.
Article 13 – UA flights near airfields
1. UA flights carried out within the aeronautical easement zones of aerodromes, duly instituted and published by aeronautical easement Regulations, during the opening hours published in the aeronautical information manuals, require prior authorization from the corresponding traffic services body air, unless, cumulatively:
a) The UA does not exceed the height of the nearest natural or artificial obstacle within a radius of 75 meters, centered on the aircraft;
b) The UA is not located within zones 7 and 8 of said easements; and
c) The flight does not cover the airspace overlying the aerodrome, delimited by the geographical limits of the respective airport infrastructure.
2. For the purposes of the provisions of the previous number, requests must be made at least 30 minutes in advance of the start of the UAS operation, using the contacts and means indicated by the said body, and the aeronautical authority must provide such contacts on your website.
3. Exceptions to the provisions of the previous number, regarding the minimum time in advance, are flights carried out under the responsibility of the aerodrome operator, within the scope of the operation of the respective services.
4. When granting authorization for the UA to fly, the air traffic services body must ensure that the operator or pilot of the said aircraft provides direct contact for any need to establish immediate and urgent communications, and must also ensure that the authorized flights do not jeopardize the safety of manned air navigation.
5. As long as the provisions of the previous number are complied with, the air traffic services body may decide to authorize flights above 120 meters above the surface, always setting the maximum height at which the UA can fly.
6. In order to ensure compliance with the maximum flight heights applicable and authorized by the air traffic services body, the UAs that fly inside the aeronautical easements zones of the aerodromes must be able to provide information, in real time, to the remote pilot about the height at which they are flying, not being able to fly above the natural or artificial obstacle closest to the aircraft within a radius of 75 meters in the absence of such equipment.
Article 14 – UA flights near ultralight aircraft runways
1. UA flights, up to 120 meters above the surface (400 feet), performed in a circle of 2.5 km radius centered on the reference point of an approved ultralight aircraft runway, require express authorization from the respective runway manager , unless the UA does not exceed the height of the nearest natural or artificial obstacle within a radius of 75 meters, centered on the aircraft, and does not cover the airspace overlying the aerodrome or the ultralight runway, delimited by the geographical limits of the respective airport infrastructure.
2. For the purposes of the previous number, the person responsible for the ultralight runway must ensure that, during the period covered by the UA flight, there are no manned aircraft simultaneously moving to and from the ultralight runway.
Article 15 – Exemption rule for model airplane flights
1. Model aircraft flights carried out in locations or runways with areas whose characteristics and lateral and vertical limits are published in national aeronautical information publications are exempt from complying with the provisions of article 11.
2. For the purposes of the provisions of the previous number, the aeronautical authority may authorize the aforementioned locations or runways, upon request by the interested parties, which must contain the location of the runways, with reference to the geographic coordinates, lateral and vertical limits of the airspace area where the model airplanes intend to fly, the usual hours of activity or use and mention the entity responsible for the area or runways.
3. National aeronautical information publications identify the procedures to be followed whenever one intends to fly within such areas, namely the need to make a prior telephone contact with the competent air traffic services body, for activation of the respective area.
4. The areas mentioned in paragraph 1 may also be created in the airspace overlying an approved ultralight aircraft runway, with model airplanes allowed to fly in such situations after authorization by the person in charge of the respective ultralight aircraft runway and after compliance with the procedures mentioned in the previous number.
5. For the purposes of the previous number, the publication of such areas must be requested by the person responsible for the runway for ultralight aircraft.
Article 16 – toy aircraft
1. The following special rules apply to toy aircraft:
a) They cannot fly over people;
b) They must maintain a minimum horizontal distance of 30 meters from people and goods;
2. To toy aircraft flights carried out within the aeronautical easement areas of aerodromes, the same rules contained in article 13 apply, except for the maximum flight height, which, under no circumstances, must exceed 30 meters above the surface (100 feet).
3. The provisions of article 14 also apply to toy aircraft, except for the maximum permitted flight height, which, under no circumstances, must exceed 30 meters above the surface (100 feet).
Article 17 – Flights subject to authorization by the aeronautical authority
1. Without prejudice to the provisions of paragraph 11 of article 11, paragraph 4 of article 13, paragraph 1 of article 15, carrying out BVLOS operations and flights above 120 meters above the surface (400 feet) requires express authorization from the au
a) Do not exceed a height of five meters above surface level (16 feet);
b) Are equipped with FPV equipment;
c) The flight takes place in a circle with a radius of 100 meters, centered on the remote pilot;
d) The UA flies away from people and goods; and
e) The flight is carried out in a delimited space that avoids the risk of collision with people and property of third parties.
3. The operation of UAS with a maximum operational mass greater than 25 kg requires express authorization from the aeronautical authority.
4. In cases where, under the terms of the previous numbers, it is necessary to request authorization from the aeronautical authority for one or more specific flights, the respective requests must be submitted at least 12 working days in advance, preferably through the specific email address to be made available by the aeronautical authority, or through a specific area, containing, namely, the following information:
a) Characteristics of the aircraft and its remote control equipment;
b) Intended operation, namely the exact identification of the zone or location of the flights in WGS84 Datum geographical coordinates, including radius of action, routes, height or altitude, date, time and duration of the flight, place of origin and destination of the flight, typology of mission, as well as operational procedures or technical operating instructions, including procedures in case of emergency;
c) Operator registration number, as well as remote pilot data, if it does not match the operator, with the respective contacts;
d) Operational risk assessment, with reference to the guidelines set out in the Annex to this regulation, of which it forms an integral part; and
e) Any other information and observations deemed relevant.
5. For the purposes of the previous number, the aeronautical authority makes available a model application or form on its website.
6. For the purposes of the provisions of this article, the aeronautical authority must ensure coordination procedures with the provider of aeronautical information services, determining the situations in which it is necessary to make an airspace reservation or issue a NOTAM.
7. Without prejudice to the provisions of article 19, authorizations issued by the aeronautical authority establish the administrative, technical and operational conditions that applicants must comply with, depending on the specificity of the operation they intend to carry out.
8. Exceptionally, in urgent situations, duly substantiated and justified by the applicant, the aeronautical authority may possibly assess the request without complying with the deadline mentioned in number 4, provided that it concludes that it is possible to analyze the request in good time and that it is not necessary to make any airspace reservation or issue NOTAM.
Article 18 – Restrictions on UAS Operation
1. A UA cannot fly:
a) On concentrations of people, unless expressly authorized by the aeronautical authority;
b) In accident areas where protection and rescue operations are taking place, unless the commander of rescue operations expressly authorizes the flight, in which case:
i) Ensure compliance with the rules of this regulation; and
ii) Ensure that, at the same time, no manned aircraft is flying over the area of the accident;
c) Unless expressly authorized by the aeronautical authority, in a circle of 1 km radius centered on the reference point, of:
i) Helipads used by air in civil protection missions;
ii) Heliports under the management, command or responsibility of public entities entrusted with maintaining public order, security, inspection and criminal investigation; and
iii) Hospital heliports used exclusively in medical emergency missions.
2. An AU may also not fly over installations where sovereign bodies, embassies and consular representations, military installations, police installations, places where police missions and prison establishments are based, except when duly authorized by the representative entities of these bodies and without prejudice compliance with the provisions of this regulation.
3. Unless expressly authorized by the respective competent authorities, UAs cannot also fly in prohibited, dangerous, restricted, reserved and temporarily reserved areas of airspace, duly published, namely in the IAIP.
Article 19 – Compliance with additional specific regimes
The provisions of this regulation do not exempt compliance with other legal regimes contained in legal diplomas and regulations that may eventually be applicable.
a) Do not exceed a height of five meters above surface level (16 feet);
b) Are equipped with FPV equipment;
c) The flight takes place in a circle with a radius of 100 meters, centered on the remote pilot;
d) The UA flies away from people and goods; and
e) The flight is carried out in a delimited space that avoids the risk of collision with people and property of third parties.
3. The operation of UAS with a maximum operational mass greater than 25 kg requires express authorization from the aeronautical authority.
4. In cases where, under the terms of the previous numbers, it is necessary to request authorization from the aeronautical authority for one or more specific flights, the respective requests must be submitted at least 12 working days in advance, preferably through the specific email address to be made available by the aeronautical authority, or through a specific area, containing, namely, the following information:
a) Characteristics of the aircraft and its remote control equipment;
b) Intended operation, namely the exact identification of the zone or location of the flights in WGS84 Datum geographical coordinates, including radius of action, routes, height or altitude, date, time and duration of the flight, place of origin and destination of the flight, typology of mission, as well as operational procedures or technical operating instructions, including procedures in case of emergency;
c) Operator registration number, as well as remote pilot data, if it does not match the operator, with the respective contacts;
d) Operational risk assessment, with reference to the guidelines set out in the Annex to this regulation, of which it forms an integral part; and
e) Any other information and observations deemed relevant.
5. For the purposes of the previous number, the aeronautical authority makes available a model application or form on its website.
6. For the purposes of the provisions of this article, the aeronautical authority must ensure coordination procedures with the provider of aeronautical information services, determining the situations in which it is necessary to make an airspace reservation or issue a NOTAM.
7. Without prejudice to the provisions of article 19, authorizations issued by the aeronautical authority establish the administrative, technical and operational conditions that applicants must comply with, depending on the specificity of the operation they intend to carry out.
8. Exceptionally, in urgent situations, duly substantiated and justified by the applicant, the aeronautical authority may possibly assess the request without complying with the deadline mentioned in number 4, provided that it concludes that it is possible to analyze the request in good time and that it is not necessary to make any airspace reservation or issue NOTAM.
CHAPTER IV – Performing aerial work with UAS
Article 20 – UAS Operator Authorization for Aerial Work
1. Aerial work is considered to be the use of UAS, for remuneration, for the performance of activities, which are compatible with the type of UA to be used, in accordance with the modalities provided for in the aerial work regulation.
2. Additionally, for the purposes of this regulation, the transport of cargo or mail using UAS is also considered aerial work.
3. The exercise, by UAS operators, of the aerial work activities mentioned in the previous numbers, requires a “UAS operator authorization for aerial work”, to be issued by the aeronautical authority, where the work modalities must be registered authorized air.
4. UAS operators may carry out aerial work activities, as natural or legal persons, depending on the corresponding authorization of the characteristics and complexity of the intended modality and also on the type of UA to be used, which must be assessed according to the risk of the operation , in accordance with the guidelines set out in the Annex to this regulation, of which it forms an integral part.
5. Aerial work modalities specifically authorized by the aeronautical authority and in the manner defined by this Agency can only be carried out with UAS.
6. UAS operators and aerial work operators who intend to operate UAS to carry out aerial work activities must provide, together with the corresponding application to be addressed to the aeronautical authority, a study containing a risk analysis, depending on of the activity to be carried out and the type of UA that you intend to use for this purpose.
Article 21 – Authorization regime
1. UAS operators, natural persons, who intend to carry out an aerial work activity, must submit an application to the aeronautical authority to obtain the authorization mentioned in the previous article, mentioning the type or modalities of aerial work that they intend to carry out.
2. The “UAS operator authorizations for aerial work”, in case the operator is a natural person, are specific, specific and case-by-case authorizations, issued by the aeronautical authority for the intended modalities.
3. The period of validity of those mentioned in the previous number coincides with the period of duration of the authorized modalities, expiring automatically with the end of the same.
4. The authorization request must be accompanied by the following documents:
a) Certificate issued by the finance services stating that you are registered to carry out the intended commercial activity;
b) Certificate of the applicant’s criminal record.
c) Study, provided for in paragraph 4 of the previous article, which contains a risk analysis.
5. The application for endorsement of a new type of aerial work using UAS implies the issuance and presentation to the aeronautical authority of a new study related to the intended type.
6. The aeronautical authority has a maximum period of ninety days to issue a final decision on the request, duly documented.
7. The exercise of aerial work activities by natural persons is case-by-case, exceptional and punctual, and should not assume a regular nature, a situation in which the natural UAS operator must constitute a legal person for the purpose, applying in such. If the regime provided for the granting of aerial work licenses in the aerial work regulation of the aeronautical authority, with the necessary adaptations.
8. It is assumed that the exercise of the activity assumes a regular and permanent nature, whenever the aeronautical authority has assigned to the same UAS operator for the same activity, more than ten “UAS operator authorizations for aerial work”, in the period of one year from the date of issue of the first authorization.
9. The fact that the limits set out in the previous number have been exceeded constitutes grounds for preliminary rejection of the application.
Article 22 – Assumptions and requirements applicable to authorization
UAS operators, natural persons, who intend to carry out an aerial work activity with UAS must be considered commercially reputable and none of the following situations must be verified:
a) Legal prohibition of the exercise of commerce;
b) Inhibition from carrying on business, due to insolvency having been declared, until the inhibition is lifted or the rehabilitation of the insolvent person is decreed;
c) Conviction with final and unappealable sentence, not suspended, for an intentional crime against property, with a prison sentence of not less than one year, unless there is rehabilitation;
d) Conviction, final and unappealable, in a sentence of less than six months in prison for a crime against public health or the national economy, unless there is rehabilitation;
e) Condemnation for the practice of illicit or unfair competition, unless there is rehabilitation.
f) The applicant must have one or more aircraft that he owns or is leased.
Article 23 – UAS authorization scheme for aerial work operators
1. Legal persons who are licensed and certified as aerial work operators, and who also intend to use UAS in the exercise of their activities, must comply with the following:
a) Register as a UAS operator in accordance with this Regulation;
b) Submit an application, identifying the registration number of the UAS operator, requesting an endorsement in their aerial work operator certificate, of aerial work modalities to be carried out using UAS;
c) Present a risk assessment, taking into account the characteristics and complexity of the intended modalities and also the type of UA to be used, in accordance with the guidelines set out in the Annex to this regulation, of which it forms an integral part.
2. The aeronautical authority has a maximum period of ninety days to issue a final decision on the request, duly documented.
3. If the request is granted, the aeronautical authority reissues the aerial work operator certificate, noting the applicant’s UAS operator number on the same certificate, as well as the aerial work modalities authorized using UAS.
CHAPTER V – Civil liability and compulsory insurance
Article 24 – Civil responsibility
1. UAS operators are responsible, regardless of fault, for compensation for damages caused to third parties by this system, unless the accident is due to the sole fault of the injured party.
2. Compensation based on damage caused by UAS, when the person responsible is not at fault, has as its maximum limit the minimum capital of the mandatory civil liability insurance provided for in the Regulation of the aeronautical authority that establishes the obligation to carry out insurance contracts.
Article 25 – Compulsory civil liability insurance
1. UAS operators must take out mandatory civil liability insurance for property damage caused by UAS whose respective aircraft have a maximum operational mass greater than 900 grams.
2. The insurance mentioned in the previous number must comply with the provisions of the Regulation of the aeronautical authority that establishes the obligation to carry out insurance contracts.
3. The obligation of insurance provided for in the previous numbers does not apply to UAS operators who have civil liability insurance in the context of sporting activities, namely for model airplane activities.
4. The submission of information and proof of civil liability insurance contracting is done before the operator starts using the UAS.
CHAPTER VI – Final dispositions
Article 26 – electronic platform
1. The aeronautical authority must provide an electronic platform for registration purposes.
2. Notwithstanding the provisions of the previous number, and while the conditions for the operation of the electronic platform are not created, the aeronautical authority must guarantee the registration through the use of documentary means.
3. For the purposes of number 1, the aeronautical authority publishes on its electronic page on the internet, information regarding the date of entry into operation of the said electronic platform.
Article 27 – Simplified information provision
1. The aeronautical authority makes available on its website simplified information regarding the provisions of this regulation, namely the contacts of the air traffic services bodies responsible for providing this service within the aeronautical easement areas of aerodromes existing in Cape Verde, contacts of those responsible for ultralight aircraft runways and maps with information on airport infrastructure and any restricted, prohibited and dangerous areas that exist in national airspace.
2. The list of dangerous, prohibited, reserved and temporarily reserved areas, as well as approved aerodromes and ultralight aircraft runways, and other infrastructure used in civil protection or medical emergency missions, are available on the aeronautical authority’s website .
Article 28 – Implementation
This regulation enters into force on the sixtieth day following its publication.
Board of Directors of the Civil Aviation Agency, in Praia, on xx of xxxx of 2021. — The Chairman of the Board of Directors, Abraão dos Santos Lima
ATTACHMENT
Guidelines for carrying out an operational risk assessment (referred to in paragraph d) of paragraph 4 of article 17, paragraph 4 of article 20 and paragraph c) of paragraph 1 of article 23)
1- An operational risk assessment should:
a) Describe the characteristics of the operation of the UAS;
b) Establish operational safety objectives;
c) Identify the risks of operation on the ground and in the air, considering:
i) The extent to which third parties or their property on the ground may be threatened by the activity;
ii) The complexity, performance and operational characteristics of the UA;
iii) The purpose of the flight, the type of UAS and the class of airspace used by the aircraft;
iv) The type, scale and complexity of the UAS operation or activity, including, where relevant, the size and type of traffic managed by the UAS operator;
v) The extent to which people affected by the risks involved in the operation of the UAS are able to assess and control such risks.
d) Identify the various possible risk mitigation measures;
e) Determine the required level of robustness of the selected mitigation measures, so that the operation can be carried out safely.
2- The description of the UAS operation must include, at least, the following:
a) The nature of the activities carried out;
b) The operational environment and the intended geographical area for the operation, specifically the population flown over, the orography, the types of airspace, the volume of airspace where the operation will be carried out, maintaining the margins of separation and security necessary for mitigation of risk;
c) The complexity of the operation, namely its planning and execution, the skills, experience and composition of the team involved in the operation, as well as the necessary technical means planned to carry out the operation;
d) The technical characteristics of the UAS, including its performance in view of the operating conditions, its serial and registration number, if applicable;
e) The competence of the personnel to carry out the operation, including their composition, roles and responsibilities, training and recent experience.
3- The assessment must identify the level of the operational safety objective, which must, in principle, be equivalent to the level of the operational safety objectives of manned aircraft, given the specific characteristics of the operation, expressed as the number of collisions in the air, per flight hour for airspace risk and as the number of fatal ground injuries per flight hour for ground risk.
4- The identification of risks must include the determination of:
a) The unmitigated risks of the operation, in relation to the ground, taking into account the type of operation and the conditions under which it is carried out, including, at least, the following criteria:
i) VLOS or BVLOS;
ii) The population density of the areas flown over;
iii) Flights over concentrations of people;
iv) The characteristics of the size of the UA.
b) The unmitigated risks of the operation, in relation to airspace, taking into account:
i) The exact volume of airspace where the operation will take place, plus a volume of airspace necessary for contingency procedures;
ii) The airspace class;
iii) The impact on other air traffic, namely, the altitude or altitude of the flight, the airspace controlled as opposed to uncontrolled, the airport environment in the vicinity of aerodromes as opposed to the environment not included in the vicinity of aerodromes, the airspace overlying urban areas as opposed to overlying rural areas and separation from other traffic.
5- The identification of possible measures for the purpose of mitigating the risk, which guarantee a sufficient level of confidence so that the operation can be carried out safely, must consider all or just some of the following hypotheses:
a) Containment measures for persons on the ground;
b) Strategic operational limitations for the operation of the UAS, namely:
i) Restriction of geographical volumes where the operation will take place;
3- The assessment must identify the level of the operational safety objective, which must, in principle, be equivalent to the level of the operational safety objectives of manned aircraft, given the specific characteristics of the operation, expressed as the number of collisions in the air, per flight hour for airspace risk and as the number of fatal ground injuries per flight hour for ground risk.
4- The identification of risks must include the determination of:
a) The unmitigated risks of the operation, in relation to the ground, taking into account the type of operation and the conditions under which it is carried out, including, at least, the following criteria:
i) VLOS or BVLOS;
ii) The population density of the areas flown over;
iii) Flights over concentrations of people;
iv) The characteristics of the size of the UA.
b) The unmitigated risks of the operation, in relation to airspace, taking into account:
i) The exact volume of airspace where the operation will take place, plus a volume of airspace necessary for contingency procedures;
ii) The airspace class;
iii) The impact on other air traffic, namely, the altitude or altitude of the flight, the airspace controlled as opposed to uncontrolled, the airport environment in the vicinity of aerodromes as opposed to the environment not included in the vicinity of aerodromes, the airspace overlying urban areas as opposed to overlying rural areas and separation from other traffic.
5- The identification of possible measures for the purpose of mitigating the risk, which guarantee a sufficient level of confidence so that the operation can be carried out safely, must consider all or just some of the following hypotheses:
a) Containment measures for persons on the ground;
b) Strategic operational limitations for the operation of the UAS, namely:
i) Restriction of geographical volumes where the operation will take place;
ii) Restricting the duration or planning of a specific time slot within which the operation must be carried out;
iii) Restricting the capabilities or behavior of the UA in order to improve predictability for other airspace users.
c) Compliance with flight rules and respect for the airspace structure and the respective services;
d) Ability to deal with possible adverse operating conditions;
e) Organizational factors, namely operational and maintenance procedures prepared by the UAS operator;
f) The level of competence and knowledge of the remote pilot;
g) The risk of human error in the production and manufacture of the UAS and in the application of operational procedures;
h) The characteristics relating to the capabilities and performance of the UAS, namely:
i) The availability of the detect and avoid function;
ii) The availability of systems that limit the impact energy of the UAS;
iii) The design, production and manufacture of the UAS in accordance with recognized standards, in order to avoid failures in operation.
6- The robustness of the proposed mitigation measures must be evaluated, in order to determine whether it is proportional to the operational safety objectives and the risks of the intended operation, specifically to ensure that all stages of the operation are safe.
iii) Restricting the capabilities or behavior of the UA in order to improve predictability for other airspace users.
c) Compliance with flight rules and respect for the airspace structure and the respective services;
d) Ability to deal with possible adverse operating conditions;
e) Organizational factors, namely operational and maintenance procedures prepared by the UAS operator;
f) The level of competence and knowledge of the remote pilot;
g) The risk of human error in the production and manufacture of the UAS and in the application of operational procedures;
h) The characteristics relating to the capabilities and performance of the UAS, namely:
i) The availability of the detect and avoid function;
ii) The availability of systems that limit the impact energy of the UAS;
iii) The design, production and manufacture of the UAS in accordance with recognized standards, in order to avoid failures in operation.
6- The robustness of the proposed mitigation measures must be evaluated, in order to determine whether it is proportional to the operational safety objectives and the risks of the intended operation, specifically to ensure that all stages of the operation are safe.
Advanced Air Mobility (AAM)
Short Essay Questions
Question 1
You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.
They need you to prepare a one-page memo detailing the legalities of using a drone to film in Cabo Verde.
They need you to mention any national laws and local ordinances.
They specifically want to know what airspace you will be operating in and whether or not you need an airspace authorization.
Does it matter whether or not you are a citizen of the country?
Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!
Question 2
Do you need a certificate to fly UAS?
If so, how do you obtain one?
Are there fees associated with this?
If so, how much?
Question 3
May you operate beyond visual line of sight?
If so, what procedures must you follow?
Question 4
Does the country have UAM/AAM laws? If so, describe, citing the exact law.
Question 5
Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.
