206 Madagascar

Two equal horizontal bands of red (top) and green with a vertical white band of the same width on hoist side. By tradition, red stands for sovereignty, green for hope, white for purity.

Flag courtesy of the CIA World Factbook

Map courtesy of the CIA World Factbook

Google Earth

The terraced paddy fields of the central highlands of Madagascar (left) give way to tropical rainforest along the eastern coast (right)

Photo courtesy of Wikipedia

Madagascar is a member of ICAO.
Last updated on February 20, 2024

Government

According to Britannica, the Malagasy Republic became independent in 1960, after a brief period as an autonomous republic in the French Community from 1958. Between 1972 and 1975 Madagascar was under military rule. Socialist political and economic reorganization was instituted in 1975, and a new constitution was implemented later that year for the renamed Democratic Republic of Madagascar. The public grew increasingly dissatisfied with the political and economic conditions of the country, and by the early 1990s the demand for change led to a gradual transition to democracy and a free market economy. In 1992 the country adopted a new name, the Republic of Madagascar, along with a new constitution that underwent subsequent revision. In 2009, following months of political unrest, a transitional regime came to power. A new constitution was passed by referendum in November 2010 and promulgated on December 11, 2010. The first democratically elected president under the 2010 constitution was inaugurated in January 2014.

Madagascar’s current constitution provides for a unitary republic with a president as the head of state and a prime minister as the head of government. The president is elected by popular vote to no more than two five-year terms. The president appoints the prime minister, who is presented by the majority party or coalition in the National Assembly. The legislative branch is bicameral and consists of the aforementioned National Assembly and the Senate. The members of the National Assembly are directly elected to five-year terms. The members of the Senate, one-third are presidential appointments, two-thirds are indirectly elected, also have five-year terms.

For administrative purposes, Madagascar is divided into a system of decentralized territorial collectivities: provinces, regions, and communes. The provinces, the largest units, are further divided into regions, which are subdivided into communes. Each province is administered by a directly elected head of the province and an elected provincial council. Regional administrations follow a similar structure, with a directly elected head of the region and an elected regional council. Communes, which are classified as either urban or rural, have directly elected administrations.

The former Merina state that ruled the island throughout the 19th century had an elaborate system of laws, courts, and justice. The present legal system, however, is based upon French codes and practices. There is a High Constitutional Court, a High Court of Justice, a Supreme Court, Courts of Appeal, and tribunals.

Civil / National Aviation Authority (CAA/NAA)

Madagascar Civil Aviation (MCA) was set up by Decree No. 2013-710 of September 17, 2013, stipulated in its article D1.2.2.-1. Their mission is to:

  • Execute the State’s civil aviation policy.
  • Develop, implement and monitor the application of civil aviation regulations in accordance with ICAO standards.
  • Ensure compliance with and maintenance of safety and security standards and the efficiency and regularity of Air Transport, the promotion of civil aviation in Madagascar, healthy competition between operators and service providers, to the protection of the environment.
  • Advise the Minister in charge of civil aviation on transport policy both at national and international level and to ensure its application.

Airspace

SkyVectorGoogle MapsADS-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. AIP ASECNA

Drone Regulations

Madagascar Civil Aviation (MCA)

Drone Laws

1) Decision No. 75 b prohibiting the operation of unmanned aircraft on board of 16-03-15

2) Instruction No. 01 ACM/DRG/17 relating to the operating conditions of remotely piloted aircraft

3) Application form for exceptional authorization to use an aircraft traveling without a pilot on board

application form

application form

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!

Decision No. 75 b prohibiting the operation of unmanned aircraft on board of 16-03-15

THE DIRECTOR GENERAL OF CIVIL AVIATION OF MADAGASCAR,
– Having regard to the Law of April 14, 1962 on the accession of Madagascar to the Convention relating to the International Civil Aviation signed in Chicago on December 7, 1944;
– Having regard to Law No. 2012-011 of August 13, 2012, amended and supplemented by Law No. 2015-006 of February 12, 2015 on the Malagasy Civil Aviation Code;
– Having regard to Decree No. 99-821 of October 20, 1999 amended and supplemented by the Decrees no 2003-790 of July 15, 2003 and no 2011-601 of September 27, 2011 setting the Articles of Association of the Civil Aviation of Madagascar;
– Having regard to Decree No. 2008-187 of February 15, 2008, amended and supplemented by Decree no. 2013-710 of September 17, 2013 on the organization of the Administration of civil aviation and fixing the attributions of the structures which compose it;
– Having regard to Decree No. 2008-190 of February 15, 2008 regulating navigation Aerial;
– Having regard to Decree No. 2014-107 of February 27, 2014 repealing Decree No. 2012-193 of 1 February 2012 and appointing the Director General of Civil Aviation of Madagascar (ACM) with the Ministry of Transport;
– Having regard to Order No. “36 82712013 of December 30, 2013 setting the terms of application of the Decree No. 2008-190 of February 15, 2008 regulating navigation air, of Decree No. 2012-546 of May 15, 2012 regulating safety
the operation of aircraft and Decree No. 2013-027 of January 15, 2013 on aerodrome regulations.
DECIDED

Article 1: Object and scope
1. This Decision is established pursuant to Article L.4.3.2-7 of Law No. 2012-011 of August 13, 2012, amended and supplemented by Law No. 2015-006 of February 12, 2015 on the Malagasy Civil Aviation Code and Article D4.2.1-5 of Decree No. 2008-190 of February 15, 2008 regulating air navigation.

2. It applies to the use of any aircraft without a pilot on board, called a drone, which use is an aeronautical activity or function.

3. For reasons of aviation safety and in the public interest, no one may operate an unmanned aircraft on board outside an enclosed space.

4. Pending the publication of the regulations relating to drones, only the Director General of Civil Aviation of Madagascar may grant an exemption of technical exploitation after analysis of the files and after notice of non-objection administrative authorities concerned. The waiver will explicitly specify the conditions and restrictions of use of the aircraft.

Section 2: Liability
1- The proliferation of this type of device calls for great vigilance and invites everyone’s responsibility to ensure the safety of third parties.
2- Any person having seen or learned of the use of an aircraft without pilot on board is required to notify the nearest local Authority and/or ACM by phone or by email.

Article 3: Penalties
Any use of aircraft without a pilot on board without specific authorization is liable to penalties provided for in Article L.7.1.1-6 of Law No. 2012-011 of August 13, 2012, amended and supplemented by Law No. 2015-006 of February 12, 2015 on the Malagasy Code of civil aviation.

Article 4: Final provisions
This Decision takes effect as soon as it is signed and will be communicated wherever necessary will be.

 

Instruction No. 01 ACM/DRG/17 relating to the operating conditions of remotely piloted aircraft

INSTRUCTION No. 01 ACM/DGE/DRG/{7
Relating to the operating conditions of remotely piloted aircraft
Reference: Paragraph 4 of Article 1 of Decision 75b /ACM/DGE/DRG of March 16, 2015

Article 1: Definitions
For the purposes of this Instruction, the terms below are used with the definitions following:
– Aircraft: any device that can sustain itself in the atmosphere thanks to reactions of the air other than the reactions of the air on the surface of the earth.
– Remotely piloted aircraft: Unmanned aircraft piloted from a remote pilot station.
– Agglomeration: group of dwellings constituting a village or a city regardless of administrative boundaries.
– Recreational activity: use of a remotely piloted aircraft for leisure, recreational or of competition.
– Operator: person, organization or company that engages or proposes to engage in the operation of one or more aircraft
– Aerial work: aerial activity during which an aircraft is used for specialized services such as agriculture, photography, topography, observation and surveillance, search and rescue, aerial advertising, training.
– Populated area: an aircraft is said to evolve in (populated zone)  when it evolves: within or at a horizontal distance of less than 100 meters from a agglomeration appearing on the aeronautical charts in force distributed by the aeronautical information service on a scale of 1:500,000, or;  at a horizontal distance of less than 100 meters from a gathering of people.

Article 2: Operation
(1) A remotely piloted aircraft is operated in such a way that a risk of damage to other aircraft and third parties on the ground. The remote pilot is directly responsible and has final authority over the use of the remotely piloted aircraft.

2) The remote pilot is authorized to refuse a mission if its execution leads to breaching the applicable regulations or if he considers that his own safety or that of third parties is setting game.

3) The maximum authorized mass is 25 kilograms in aerial work.

4) Aircraft over 4 kilograms are prohibited from flying over a built-up area and a populated area.

5) The use of an aircraft for a recreational activity is prohibited.

6) All remotely piloted aircraft operations must be daytime. The operations nights are prohibited.

7) The remote pilot must fly only one remotely piloted aircraft at the same time.

8) The remote pilot shall not operate a remotely piloted aircraft while under the influence of alcohol, drugs or other substances that affect his physical or mental state.

9) An operation protection zone is set up on the ground by the operator in order to avoid that third parties do not interfere with the operation of the remotely piloted aircraft, in particular the takeoff or landing. The operator sets up a safety perimeter, adapted to the size of the equipment and protected, if necessary, with the help of personnel.

10) No remotely piloted aircraft may be used within a horizontal distance of less than 100 meters from any person for aircraft over 4 kilograms and 30 meters for aircraft weighing less than 4 kilograms, except for its remote pilot and, where applicable, a remotely piloted aircraft payload operator. However, it is possible to reduce the distance provided that:
– the presence of people within the distance corresponding to the mass of the aircraft is directly related to the activity;
– the operator has defined a procedure in the event of an incident in flight of the aircraft and has informed the persons concerned in advance;
– each of these persons has signed a certificate stipulating that they have been informed.

11) The remote pilot ensures before any flight of his aircraft that the energy reserves necessary for the flight allow him to perform the planned flight with a margin of safety adapted to cover foreseeable hazards. This provision concerns also the command and control device of the remotely piloted aircraft.

12) During the preparation of the mission, the operator identifies and takes all measures necessary to reduce the risk of people entering the area of operation he takes into account the property limits of the land above which the operation takes place and can rely on the systems implemented by the owner of the land to control access to the area.

13) The remote pilot defines a maximum perimeter of the flight of his remotely piloted aircraft according to the flight height, the type of remotely piloted aircraft and its operating speed, it defines in periphery and within this perimeter a safety zone of sufficient dimensions in which the flight of the remotely piloted aircraft is interrupted when it enters it.

14) For a remotely piloted aircraft operated out of sight, the remote pilot uses a control system and control of the aircraft which has a means of informing the remote pilot on the positioning of the aircraft to monitor that the aircraft stays on the path it has determined. If the aircraft enters the safety zone defined in paragraph or leaves the planned flight space, the remote pilot takes the necessary actions to restore safety of the flight or, if necessary, abort the flight by initiating an emergency landing.

15) The remote pilot manages the emergency landing without unduly endangering people or property on the ground.

16) The remote pilot of an aircraft ensures the safety of the flight vis-à-vis third parties and property.

17) The operator defines the means to ensure the protection of third parties and property he identifies the risks associated with the operation of each type of remotely piloted aircraft or mission and provides solutions.

18) The remote pilot checks the energy reserves of the remotely piloted aircraft and its command and control, which are sufficient to undertake the flight and lead it to its term without additional risks.

Article 3: Use of airspace
1) The provisions relating to the minimum overflight heights provided for by the Regulations Aeronautics of Madagascar relating to air traffic do not apply to remotely piloted aircraft. However, these comply with the prohibitions and restrictions of overflight published in the Aeronautical Information Publication (AlP).

2) Remotely piloted aircraft are prohibited from flying:
– inside a prohibited area;
– through the cloud or fog;
– within 30 meters of vehicles, boats, buildings or people for aircraft less than 4 kilograms and less than 100 m for aircraft
more than 4 kilograms;
– within 8 kilometers of controlled aerodromes and landing sites helicopters and less than 5 kilometers from uncontrolled aerodromes:
– more than 50 meters above the ground;

3) The remotely piloted must not exceed the speed of 80 kilometers per hour, speed calibrated at full power at flight level.

Article 4: Declaration of incidents
Any deviation from the defined path (waypoint or waypoint) and incidents that may jeopardize the safety of property and people in the area take-off or landing must be reported immediately to the Aviation Authority civil.
All other incidents related to the operation of a remotely piloted aircraft must be transmitted to the Civil Aviation Authority within seventy-two (72) hours after the occurrence of the event.

Article 5: Penalties
Without prejudice to the penal sanctions provided for by the regulations in force, the Civil Aviation Authority may withdraw the authorization issued for any violation of the provisions of this instruction.

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 survey the paddy fields in Madagascar, pictured above.

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.

 

 

 

License

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Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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