137 Taiwan (China)
Red field with a dark blue rectangle in the upper hoist-side corner bearing a white sun with 12 triangular rays. The blue and white design of the canton (symbolizing the sun of progress) dates to 1895. It was later adopted as the flag of the Kuomintang Party. Blue signifies liberty, justice, and democracy, red stands for fraternity, sacrifice, and nationalism, and white represents equality, frankness, and the people’s livelihood. The 12 rays of the sun are those of the months and the twelve traditional Chinese hours (each ray equals two hours).
Flag courtesy of the CIA World Factbook
Map courtesy of the CIA World Factbook
Sicao Dazhong Temple, located in Taijiang National Park, honors a Taiwanese general of Koxinga, known as Chen Tze. A fearless warrior, he defeated over 300 Dutch soldiers in one encounter and won numerous other battles during his life. However, after being betrayed by his own people, he drowned himself in the sea. The shrine was established to honor the general, and the title Marshal of the Sea was bestowed posthumously upon him to praise him for his exceptional military service. Sicao Dazhong Temple is three or four centuries old and has been rebuilt several times with the most recent version completed in 1987. The temple roof is a fine example of southern Chinese temple construction style, displaying colorful and animated figures of dragons, lions, and phoenixes boldly lining the elaborate three-tiered roof’s corners and edges.
Photo courtesy of the CIA World Factbook
Last updated on August 18, 2024
Government
According to Britannica, Taiwan had no central governing authority until the Dutch colonized the island in the 1620s. The Dutch era lasted only about 40 years, however, and Taiwan became the first place ever to free itself from Western colonial rule. Subsequently, Taiwan was self-governing, but for only a few decades. Taiwan was then made part of China for two centuries, after which it was a colony of Japan from 1895 to 1945.
With the end of World War II, in 1945, Taiwan was again made part of China, but that arrangement lasted for only four years. In 1949, after the Chinese communists had defeated the Nationalist government on the mainland, the Nationalist leader Chiang Kai-shek moved his government, party, and military to Taiwan. Taiwan, as the Republic of China, represented China in the United Nations until 1971, when the People’s Republic (the regime established by the communists on the mainland was called the People’s Republic of China) took the China seat. Subsequently, Chiang’s government quickly lost its international standing.
Chiang’s government, a mix of presidential, parliamentary, and cabinet models, was based on the constitution promulgated in 1947. However, it worked more as a presidential system, since political power resided largely in the Nationalist Party, or Kuomintang (KMT), over which Chiang presided. A set of “Temporary Provisions” (to the 1947 constitution, rescinding some parts of it) and an emergency decree (characterized by some as martial law) were enacted in 1948 and 1949, respectively, while the Nationalists were still at war on the mainland. The result was a political system that was democratic in form but not very much so in operation.
The government, the police system, the education system, and the military (at the top) were staffed mainly by mainland Chinese who had moved to Taiwan from China after World War II. Hakkas, a local minority that had migrated centuries earlier, whom the mainland Chinese trusted more than the Fukien Taiwanese, assumed positions in the police forces and the railroads. Fukien Taiwanese, Taiwan’s largest ethnic group, comprising about two-thirds of the population, gradually assumed positions in business and local government.
Democratization in Taiwan was introduced in local politics first and favored the Taiwanese, especially the Fukien Taiwanese. By the 1980s, Taiwan had made significant strides toward establishing a working democracy. In 2000 the ruling KMT was defeated in the presidential election by the candidate of the Democratic Progressive Party (DPP), whose base consisted of Fukien Taiwanese. In an election the next year, the DPP won the largest number of seats in Taiwan’s legislature (the Legislative Yuan).
While ethnicity became less of an issue in most respects than it had been in the past, as a result of intermarriage, social change, and urbanization, it continued to play a role in politics, especially during elections. Nevertheless, the KMT regained the presidency and won a majority in the legislature in 2008, on a platform of its being a multiethnic party while advancing better government and ridding politics of the corruption that had plagued the DPP’s Pres. Chen Shui-bian and his party. The DPP rebounded, however, winning both the presidency and a majority of seats in the legislature in 2016.
Taiwan’s 1947 constitution, promulgated while the Nationalist government still ruled the mainland as well as Taiwan, created a republican system of government. The document ensured legislative supremacy and granted a considerable degree of autonomy to local governments. The president, originally chosen by the National Assembly until that body was abolished in 2005, is now elected by popular vote and is head of state. The premier, who is appointed by the president, heads the government. Political parties are not mentioned in the document, although it was assumed that they would play a role in politics.
Instead of the three branches of government that are found in most Western governments, the constitution originally provided for five: the executive, legislative, and judicial components plus a Control Yuan (branch of government) and an Examination Yuan. The two additional branches represented organs of government in traditional China that checked on the bureaucracy and that managed functions such as the civil service examinations and promotions. It was thought that a five-branch system would provide better checks and balances than a three-branch system.
The Temporary Provisions of 1948 gave the president emergency powers, banned the formation of new political parties, and suspended the two-term limit for the president. The 1949 emergency decree granted the military, police, and intelligence bodies broad powers. The two measures truncated constitutional rights and effectively prevented the political system from operating democratically. However, local government was not much affected, nor were economic rights curtailed. The emergency decree was terminated in 1987, and the Temporary Provisions were canceled in 1991.
The constitution was amended a number of times during the 1990s. Until then the government, as the Republic of China, effectively had maintained an electoral college with other powers (the National Assembly) that included representatives from each of the mainland provinces. One of the important changes undertaken in the early part of the decade was the start of a process to get rid of those representatives of China in the elected bodies of government, although overseas Chinese (ethnic Chinese living outside Taiwan and China) were allotted special representation. Other measures included reforms of provincial and local government, equal rights for women, safeguards for the handicapped and the aboriginal peoples, changes in the relationship of the branches of government and the role of the premier, and the start of a process to phase out the National Assembly. In 1993 the Control Yuan ceased to be an elected government body, and its functions were truncated. From early 2005 until mid-2008 it did not function at all, because of a deadlock between the president and the legislature over nominees. The branch has since been reinstated, but it is no longer regarded as an important organ of the government. The Examination Yuan likewise is no longer thought of as a major branch of the government, meaning that Taiwan, for all intents and purposes, has a three-branch system.
In 2003 the legislature passed the Referendum Act, which defined that theretofore unused constitutional provision. Referendums were included in subsequent elections, and some caused considerable controversy. In 2005 the constitution was amended to abolish the National Assembly. The process, however, did not resolve the question of the fundamental structure of the government, though other changes and practice have made it more presidential.
Taiwan’s political system has some of the traits of a federal system, with first or primary jurisdiction belonging to local government in certain realms. In 1992 a constitutional amendment strengthened local government. The way the political system works, in that local politicians can easily make their way to higher positions in the national government, also makes local government more important than it might be otherwise. Finally, many in Taiwan believe that democracy comes from the bottom up and that government reforms more often succeed when starting at the local level. Thus, respect for local government is high.
The administrative units below the national government are special municipalities, counties and provincial municipalities, and county municipalities and townships. Until the late 1990s there was an administratively autonomous Taiwan provincial government, which was headed by a governor and had its own legislature. However, it duplicated most of the national government’s functions. Thus, reforms enacted in the name of efficiency reduced the entity to an agency of the Executive Yuan, and it was progressively diminished in size and function.
Six of Taiwan’s cities are classified as special municipalities and constitute an important segment of local government because of their size and economic importance. Mayors of two of the cities, Taipei and Kao-hsiung (Kaohsiung), have become presidential candidates and presidents, and local elections in the two cities have been important and are thought by some to constitute a bellwether for future national elections. Elections in other cities and in the counties are also considered important.
Taiwan’s Judicial Yuan (the judicial branch of government) is the highest organ in the administration of justice. It is organized into the Council of Grand Justices, three levels of lower courts, administrative courts, and the Committee on the Discipline of Public Functionaries. The Council of Grand Justices has the power of judicial review and hears other important cases that do not involve an interpretation of the constitution. The Supreme Court, which is below the Council of Grand Justices, decides only issues of law.
The 15 members of the Council of Grand Justices are appointed by the president with the approval of the Legislative Yuan. Justices serve a term of eight years and may not serve a second term consecutively. Terms are staggered so that seven or eight new justices are appointed every four years.
In 1980 an act was passed by the legislature that made the judiciary more independent. It is still criticized, however, as not being free enough and not having sufficient power, though Taiwan’s citizens have expressed concern that a more powerful judiciary could sully Taiwan’s democracy. In 2002 the criminal justice system shifted its operating method from a judge-centered inquisitorial system (as in Germany) to an attorney-based adversarial system (like in the United States).
Lawyers and prosecutors have played a much more important role in the judicial process since the late 1980s, though not through becoming judges. Lawsuits have become much more common in Taiwan, an inordinate number stemming from election campaigns. Still, Taiwan would not be called a litigious society.
Civil / National Aviation Authority (CAA/NAA)
The Republic of China set out to build its civil aviation industry early after the country was established. In the eighth year of the R.O.C., an aviation governmental agency was already set up to take charge of the country’s aviation affairs. In the 18th year of the R.O.C., the agency became a sub-unit of the Ministry of Transport and Communications. After the Second World War, to develop and manage civil aviation businesses, on January 20, 1947, the Civil Aeronautics Administration was founded in Nanjing under the MTC, listed as a third-rank central governmental agency under the Executive Yuan. The Administration’s rules for organization structure was released on May 10, 1947. In response to a thriving aviation industry and to fulfill the needs of new airline companies, the rules were modified three times, respectively in 1972, 1998 and 2021. As the Administrative Yuan was reorganized in the 2010s, the (draft for) Organization Act of the Civil Aeronautics Administration of the MOTC was drafted. It was sent to the Legislative Yuan for deliberation and at this moment the deliberation is still being carried out.
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. Taiwan eAIP
Drone Regulations
07-04A – Regulations of Drone
Promulgated on July 23, 2019, and date of enforcement to be March 31, 2020 – Amendment to Articles 2, 3, 17, 20, 31, 32, attachment 9 ~ 13, addition of Article 32- 1, promulgated on July 19, 2021. Addition of Article 41-1, promulgated on November 29, 2021.
The Regulations are enacted in accordance with Article 99-17 of the Civil Aviation Act (the “Act”).
The terms used in the Regulations are defined as follows:
1. Remote control equipment: means the equipment used for controlling the Drone being part of the Drone system.
2. Communication and command/control links: mean the data interface between the Drone and the remote control system used for the purpose of controlling Drone flight.
3. Maximum take off weight: means the designed weight of Drone comprising of the frame, fuel, battery, load equipment and payload.
4. Remote pilot: means the person who actually controls the Drone or commands its flight activities during Drone flight activities.
5. Flight in extended visual range: means the operation method where the visual observer keeps direct visual contact with the Drone within 300-meter radius and provides necessary flight information to Remote pilot who is outside of the visual range of the Drone. The maximum range of the extended visual range is that within 900-meter radius of the Remote pilot and within 400 feet above ground level or sea level.
6. Visual observer: means the person with Remote Pilot License (hereinafter the “License”) who provides remote Pilot with necessary flight information in the course of Drone operation.
7. E-commerce: means advertising, marketing, supply, order and other matters on commercial transactions relating to products or services through the internet.
Drones are classified into the following types in accordance with its structure:
1. Unmanned aeroplane;
2. Unmanned helicopter;
3. Unmanned multi rotor;
4. Other types as announced by the Civil Aeronautics Administration (hereinafter the “CAA”) of the MOTC.
The owner (hereinafter the “Owner”) and the Remote pilot shall be responsible for the flight safety of the Drone, keep the Drone properly maintained and follow flight safety procedure.
During the Drone flight activity, where there are two or more Remote pilots, one of them shall be designated as the Remote pilot in command, failing which no Drone flight activity shall be permitted.
Application for registration shall be submitted to CAA with the documents listed below for the Drone with maximum take off weight exceeding 250g owned by the natural person, and for the Drone owned by the government agencies (institutions), schools or legal persons. Drone can only be operated after the registration is completed and the registration number issued by CAA is displayed on a conspicuous part of the Drone.
1. Natural person: Application form (Attachment 1), and copy of ROC identity card or overseas compatriot resident document.
2. Government agencies (institutions), schools or legal persons: Application form (Attachment 1) and the registration document.
Where the Owner is a national person, he/she shall be at least 16 years of age; any Owner who is under 20 years of age shall also submit the written consent of his/her legal representative. In the event of any change of the following particulars, the Owner shall submit the application form and the registration document as set out in paragraph 1 herein to CAA to apply for change of registration:
1. Name of Owner;
2. Household registration or registered office;
3. Telephone number.
Upon any of the following occurrence to the Drone, the Owner shall apply to CAA for cancellation within 15 days thereof:
1. Missing;
2. Damage beyond repair;
3. Being scrapped;
4. Permanent discontinuation of use;
5. Ownership transfer.
The registration number shall be displayed on a conspicuous part of the Drone in the following manner:
1. It shall be marked with tag, engraved print, paint or other identifiable mode, be ensured that it shall not come off the Drone, and be clear, conspicuous and identifiable during each flight activity.
2. The location of the paint shall be in the conspicuous part of the external fixed structure of Drone.
3. The color shall cause the registration number to be in clear contrast with the background, and be visible with naked eyes.
The registration number may not be falsified, reproduced or altered, and may not be lent and provided to any other person for use on the unregistered Drone.
The registration number shall be valid for two years; Owners may, within 30 days before its expiry date, submit the documents listed in paragraph 1 of Article 6 herein to CAA for renewal.
The Drone with a maximum take off weight exceeding a certain weight shall be equipped with radio frequency identification function. The “certain weight” herein shall be announced by CAA.
The Drone with maximum take off weight over 1 kg and equipped with navigation system shall also be equipped with the geo-fencing database which is capable of preventing the Drone from entering the prohibited area and restricted area, and the range of the distance from the boundary of an airport or airfield. The geographical information shall be in compliance with the range set out in Article 4 and Article 99-13, Paragraph 1 of the Act.
The Drone with navigation system filed for registration from 2026 onwards shall also be equipped with the geo-fencing database which is capable of preventing the Drone from entering the prohibited area and restricted area, the range of the distance from the boundary of an airport or airfield, and the prohibited area and restricted area as announced by the Municipality and County (City) government. The geographical information shall be in compliance with the range and areas set out in Article 4 and Article 99-13, Paragraphs 1-2 of the Act.
The designer, manufacturer and modifier of the Drone shall maintain the accuracy of the geographical information in the preceding two paragraphs, and provide the Owner and the Remote pilot with updates in a timely manner.
With respect to the design, manufacturing and modification of the Drone, the designer, manufacturer or the modifier shall submit the application form (Attachment 2) to CAA for application for type inspection. After passing the type inspection, type inspection certificate (Attachment 3) and type inspection tag (Attachment 4) shall be issued.
With respect to Drones that are imported from overseas, the importer shall apply to CAA for type inspection pursuant to paragraph 1 above, or submit the application form (Attachment 5) to CAA for certification. After such Drone is certified, the certification document and the certification tag (Attachment 4) shall be issued.
No inspection or certification shall be required for those Drones in paragraphs 1 and 2 above that are of simple form and structure as announced by CAA.
The test flight of Drone required for the purpose of various performance inspections during the design, manufacturing and modification stages shall be carried out in compliance with Attachment 6 – Regulations Governing Test Flights, and application for approval shall be submitted to CAA with the following documents:
1. The planning of, coordination for, and application for test flight field;
2. The application for, safety of, and management of test flight areas;
3. The statement of compliance with the inspection standards applicable to the Drone and its relevant equipment;
4. The ground inspection and testing information of the Drone;
5. Test flight plan;
6. The qualification of the Remote pilot;
7. The reporting and handling of flight safety-related event.
In order to ensure the compliance with the various performance requirements including the design, manufacturing and modification of the Drone with maximum take off weight over 25 kg, the Owner shall submit the application form (Attachment 2) to CAA for application for inspection. After passing the inspection, the substantive inspection certificate (Attachment 7) shall be issued.
Where the Drone with maximum take off weight over 25 kg is self-made or for self use, the Owner shall submit the application form in the preceding paragraph to CAA for joint applications for type inspection and inspection. After passing such inspections, the special inspection certificate (Attachment 8) shall be issued.
The inspection certificate shall be valid for three years; the valid term of the special inspection certificate shall be remarked by CAA in the certificate with reference to the various performance requirements including design, manufacturing and modification, which shall not be more than three years.
The holder of the inspection certificate and special inspection certificate shall apply to CAA for re-inspection, with the copy of the inspection certificate and special inspection certificate, within 30 days prior to the expiry date of such inspection certificate and special inspection certificate.
Where there is any change of particular in the inspection certificate or special inspection certificate, the Owner shall, within 15 days of the occurrence of such change, submit the original certificate to CAA for application for replacement thereof.
Where any inspection certificate of Drone is lost or damaged, the Owner shall apply to CAA for the re-issuance or replacement thereof with an explanation of the loss or damage.
Before the sale or importation of the Drone, the manufacturer or the importer, as the case may be, shall apply to CAA for the registration of the product information. The maximum take off weight, registration procedures, type inspection tag or certification tag, inspection remarks, description of operating limitations, administration and penalty for violations shall be marked on the product or the packaging.
When selling the Drone on e-commerce platform, the manufacturer or the importer of the Drone shall mark the following text together on a conspicuous place of e-commerce platform. The same shall apply to the Drone sold by an agent, distributor or other third parties.
1. Application for registration shall be submitted for the Drone with maximum takeoff weight exceeding 250g.
2. Before Drone flight activities, area of activities shall be noted and the Drone flight activities shall be carried out in compliance with operation rules.
3. Please see the website of CAA for related information of area of activities and operation rules.
The Owner of the Drone which is self-made or for self-use shall register the information of the product in accordance with the paragraph 1 above.
In the event of unsafe circumstance occurring to the Drone system with maximum take off weight over 25 kg due to defect in the design, manufacturing or modification thereof, the designer, manufacturer or modifier shall take remedial measures in response to such defect.
The designer, manufacturer or modifier shall submit to CAA a written report on remedial measures within 30 days after such defect is discovered; provided, however, that this time limit shall not apply with justifiable reason and CAA’s approval for extension thereto.
The Remote pilot of the following Drone may only engage in the operation thereof with the remote pilot license issued by CAA:
1. Drone owned by government agencies (institutions), schools or legal person;
2. Drone owned by the natural person with maximum take off weight above 2 kg and below 15 kg with navigation system;
3. Drone with maximum take off weight above 15 kg.
The classification of remote pilot licenses, age of applicants and other rules pertaining to Drones are set out below:
1. Student remote pilot license: Applicants shall be at least 16 years of age, and shall be issued student remote pilot license by CAA after application.
2. General remote pilot license: Applicants shall be at least 18 years of age, and shall be issued general remote pilot license by CAA after passing the written test.
3. Professional remote pilot license: Applicants shall be at least 18 years of age and meet the relevant experience requirements, and shall be issued professional remote pilot license by CAA after passing the physical check, written test and practical test.
The permitted scope of operation for each of the remote pilot licenses in the preceding paragraph is set out below:
1. Student remote pilot license: The holder of the student remote pilot license may learn operating the Drone with maximum take off weight below 25 kg under the supervision of the holder of the general remote pilot license or professional remote pilot license in accordance with the structure and classification contained therein.
2. General remote pilot license: The holder of the general remote pilot license may operate the Drone owned by the natural person with maximum take off weight above 2 kg and below 15 kg and navigation system.
3. Professional remote pilot license: The holder of the professional remote pilot license may operate the Drone owned by government agencies (institutions), schools or legal person, or the Drone owned by the natural person with maximum take off weight above 15 kg.
The eligibility for application, test items, rules governing registration for test, the certificates of physical check, permitted scope of operation and instructor’s qualifications for the remote pilot licenses in paragraph 1 herein are set out in Attachment 9; application form for written and practical tests and application form for remote pilot license are set out in Attachment 10 and Attachment 11 respectively.
The structure, weight, operating limitations and instructor’s qualifications of the Drone shall be specified in the remote pilot license.
In the practical tests, the applicants shall bring their own Drones that meet the requirements set out in Attachment 12 for taking the tests.
Applicants who apply for professional remote pilot licenses shall complete the practical test within one year from the date of passing the written test, failing which the applicants shall be required to re-apply for the written test.
Applicants who fail the practical test for remote pilot license may apply for the second test for the part previously failed within 30 days after receiving the notification of the test result.
Applicants for remote pilot license shall, within 30 days after passing the relevant tests, submit the documents showing the results of written and practical tests to CAA for application for issuance of remote pilot license; provided, however, that this time limit shall not apply with justifiable reason and CAA’s approval for extension thereto.
Remote pilot licenses shall be valid for two years.
The holder of the general remote pilot license and the professional remote pilot license may submit to CAA the ID photo above the waist taken within the past two years and the copy of the valid remote pilot license within 30 days before the expiry date thereof for replacement; provided, however, professional remote pilot licenses shall be replaced after the physical check and relevant tests are passed.
Where the holder of a professional remote pilot license adds items for different structure, weight or advanced practical tests, added rating shall be given after passing the practical tests administered by CAA.
Where any particular in the Drone remote pilot license is changed, the holder shall apply to CAA for the replacement thereof with the original remote pilot license within fifteen (15) days of the occurrence of such change.
Where the Drone remote pilot license is lost or damaged, the holder of the remote pilot license shall apply to CAA for the re-issuance or replacement thereof with an explanation thereto.
Section 1- General operation rules
Remote pilot shall, before Drone flight activities, check the Drone system according to the maintenance manual provided by the Drone manufacturer, and may only engage in the activities after the Drone conforms to the flight safety conditions
Remote pilot shall evaluate the following circumstances before the Drone flight operations:
1. Environment of the operation area, including weather condition, airspace, flight limitations and other hazardous factors in the air or on the ground;
2. General operation, emergency procedures and regulations of Drone;
3. Communication and command/control signals between the remote control equipment and the Drone in good working condition;
4. Carrying sufficient fuel or power in the battery, and having considered the weather condition in the forecast, expected delay and other circumstances under which the landing of the Drone may be delayed.
Remote pilot shall comply with the following when operating the Drone:
1. Blood alcohol content not exceeding 0.02%, or not exceeding 0.01mg per liter when exhaling;
2. Not be affected by substance with psychoactive effect which may cause the capacity to be impaired;
3. Not engaging in any operation which may endanger life or property.
Remote pilot shall comply with the following operating limitations in the course of Drone flight activities:
1. A distance of more than 30 meters shall be kept from highway, freeway/expressway, railway, elevated railway, grounded or elevated mass rapid transit system, building and obstacles;
2. Operation of Drone from moving aircraft, vehicles or ships is prohibited;
3. The maximum flying speed shall not exceed 87 nautical miles or 160 kilometers per hour for Drones with maximum take off weight below 25 kg and navigation system;
4. For flight in extended visual range, the maximum range shall be 900 meters radius from the Remote pilot as the center, and within 400 feet above ground level or sea level; visual observer shall keep visual contacts with the Drone and provide the Remote pilot with necessary flight information.
The limitations in the preceding paragraph shall not apply to government agencies (institutions), schools or legal persons after the approval from CAA is obtained pursuant to Article 32, Paragraph 1 herein.
During the Drone operation, Remote pilot shall keep alert to the flight and surrounding conditions of the Drone, ensure that the other aircraft, ultra-light vehicles, Drone or obstacles shall be detected and avoided, and prevent the Drone from approaching thereto and colliding therewith.
Section 2- Flight Permits for Government agencies (institutions), schools or legal persons
Government agencies (institutions), schools or legal persons shall submit the following documents to CAA for application, and may only engage in Drone flight activities after obtaining CAA’s authorization:
1. Registration document;
2. Checklist of Drone system, and list of operating personnel;
3. Operations manual, the content of which is set out in Attachment 13; where the performance of duties requires the government agencies (institutions), schools or legal persons to operate the flight activities as set out in Article 99-14, Paragraph 1, Subparagraphs 1~8 of the Act, the relevant equipment and procedures for the exclusion of operating limitations shall be specified in the operation manual.
The authorization in the preceding paragraph shall be valid for two years, and government agencies (institutions), schools or legal persons may apply to CAA for the renewal thereof within 30 days before the expiry date thereof.
In the event of any change to the information in Paragraph 1, Subparagraphs 1 and 3 herein, government agencies (institutions), schools or legal persons shall file to CAA within 15 days of the occurrence thereof, and Drone flight activities may only be operated after obtaining CAA’s authorization.
Government agencies (institutions), schools or legal persons shall keep updated the information set out in Paragraph 1, Subparagraphs 2 herein at all times.
Government agencies (institutions), schools or legal persons which engage in Drone flight activity in the prohibited area, restricted area, and the range of the distance from the boundary of an airport or airfield shall submit activity plan (Attachment 14) 15 days prior to the date of the activity for the consent by CAA in consultation with relevant supervisory authority. Provided, however, that where the prohibited area, restricted area or the airport or airfield involves any area administered by the military authorities (agencies), the application shall be filed 30 days prior to the date of the activity.
Government agencies (institutions), schools or legal persons which engage in Drone flight activity in the prohibited area or restricted area notified by the Municipality and County (City) government shall submit activity plan (Attachment 14) 15 days prior to the date of the activity to the Municipality and County (City) government, which shall consult the central government authority for approval. In the event of cross county/city activity, application shall be filed to the Municipality and County (City) government of the take off location for the consent by the Municipality and County (City) government of the take off location and of the location which the flight route crosses.
Before and after each activity in the preceding two paragraphs that has been approved by CAA or the Municipality and County (City) government, flight information shall be registered in the information system designated by CAA within the designated time limit.
The consent document in paragraphs 1 and 2 herein shall be valid for a maximum of three months; provided, however, that where the activity is carried out by legal persons registered and certified by agricultural administration as set out in Article 99-14, Paragraph 1, Subparagraphs 2, 3 and 6 of the Act, the term of this paragraph shall be valid for a maximum of six months; and where the activity is carried out by government agencies (institutions)in the course of performing duties, the term of this paragraph shall be valid for a maximum of one year.
For the Drone flight activity which is carried out within the area set out in Article 99- 13, Paragraph 2 of the Act, paragraph 2 herein shall not apply if the relevant Municipality and County (City) government has enacted regulations regarding the application for such activity.
Government agencies (institutions), schools or legal persons which engage in the flight activity with operating limitations as set out in Article 99-14, Paragraph 1, Subparagraphs 1~8 of the Act shall submit the activity plan (Attachment 14) to CAA for approval 15 days prior to the date of the activity; where the activity shall take place in the space above the crowd or outdoor assembly and parade, the consent document from the Municipality and County (City) government as well as relevant central government agency shall also be submitted.
Before and after each activity in the preceding paragraph that has been approved by CAA, flight information shall be registered in the information system designated by CAA within the designated time limit.
The consent document in paragraph 1 herein shall be valid for a maximum of three months; provided, however, that where the activity is carried out by legal persons registered and certified by agricultural administration as set out in Article 99-14, Paragraph 1, Subparagraphs 2, 3 and 6 of the Act, the term of this paragraph shall be valid for a maximum of six months; and where the activity is carried out by government agencies (institutions)in the course of performing duties, the term of this paragraph shall be valid for a maximum of one year.
Obtaining consent stipulated in Article 31, Paragraph 2 or Article 32, Paragraph 1, relevant central government agency may commission the government agency (institute) or group to perform.
When the relevant central government agency commission in accordance with the preceding paragraph, the target and matter commissioned and the legal basis for such commission shall be publicly announced and published in a government gazette.
Where any disaster occurs, the Drone activities shall be subject to the unified command and dispatch of the commander in the emergency response center of all relevant government levels within the warning area or designated area delineated by relevant government of all levels pursuant to the Disaster Prevention and Protection Act, and application to CAA for approval shall be filed by the emergency response center of all relevant government levels.
For prevention of disaster, recovery and rehabilitation and the occurrence of the emergency other than the disaster, the Drone activities within the warning area or designated area delineated by the government with authority shall be subject to the unified command and dispatch of the commander on site or the person-in-charge on site designated by government with authority; if the warning area or designated area is within the range as set out in Article 99-13, Paragraphs 1 and 2 of the Act, the commander on site or the person-in-charge on site designated by government with authority shall apply to CAA or the Municipality or City (County) government for approval; if the activity involves application of Article 99-14, Paragraphs 1, Subparagraphs 2~8 of the Act, approval by CAA shall be applied for.
Before and after each activity in the preceding two paragraphs that has been approved by CAA, flight information shall be registered in the information system designated by CAA within the designated time limit.
Where the government agency, for the purposes of performing official duties including disaster prevention and rescue, inspection, investigation and corrective measures, needs to operate Drone flight activities within a the range of distance from the boundary of an airport or airfield set forth in Article 99-13, Paragraph 1 of the Act, or within the prohibited or restricted area set forth in Article 99-13, Paragraph 2 of the Act, or needs to engage in the activities set forth in Article 99-14, Paragraph 1, Subparagraphs 2~8 of the Act, it shall be exempted from the restrictions set forth in Article 31, Paragraphs 1-2, and Article 32, Paragraph 1 herein with CAA’s consent.
CAA may specify in the consent document set out in the preceding paragraph the items to be noted with respect to the Drone activities.
The consent document in paragraph 1 herein shall be valid for two years; however, application for renewal may be filed with CAA within 30 days before the expiry date thereof.
Government agencies (institutions), schools or legal persons shall keep the registration number, activity dates, area of activities or flight track, flight time, nature of flight, name of operating personnel, maintenance, repair or modification records of the Drone, for a minimum of two years.
Upon the occurrent of any of the following flight safety-related events in the course of Drone flight, the Owner or Remote pilot shall, within 24 hours of the occurrence or after becoming aware thereof, notify CAA by filling in the Notification Form for Flight Safety-Related Event (Attachment 15):
1. The aviation occurrence involving Drone as set out in the Transportation Occurrence Investigation Act;
2. Actual damage to or disappearance of the Drone with maximum take off weight over 2 kg and equipped with navigation device;
3. Actual damage to or disappearance of the Drone during the course of flight activities within the area as set out in Article 99-13, Paragraphs 1~2 of the Act;
4. Actual damage to or disappearance of the Drone during the course of flight activities as set out in Article 99-14, Paragraph 1, Subparagraphs 1~8 of the Act;
5. Occurrence of incident involving proximity to or collision with other aircraft or obstacle.
Where flight safety-related event as set out in the preceding paragraph occurs involving the Drone, CAA may suspend the operation or the flight activities of the Drone in the event of the following:
1. Necessity to investigate the incident;
2. For the purpose of stabilizing the emotion of the person involved;
3. For the purpose of strengthening personnel training.
4. Other circumstances that affect flight safety.
Foreign nationals who hold valid Drone registration, inspection certificate and remote pilot licenses issued by foreign government shall submit the following documents to CAA, and may only engage in Drone flight activities within Taipei Flight Information Region pursuant to the provisions in the Act after CAA’s certification:
1. Application form (Attachment 16)
2. Copy of passport;
3. Documentary proof of the registration, inspection certificate and remote pilot licenses issued by foreign government or jurisdiction; where such documentary proof is in any foreign language other than English, the Chinese translation shall also be submitted.
The certification of the Drone registration, inspection certificate and remote pilot licenses held by the foreign national shall be valid for a maximum of six month after the date of issuance thereof.
Taiwan national without domestic household registration or foreign national with documentary proof of permitted stay or residency over six months, as well as people in Mainland area, Hong Kong or Macau permitted to stay or reside in Taiwan for over one year may apply for all classes of remote pilot licenses pursuant to Chapter 4 herein.
Foreign government agencies (institutions), schools or legal persons engaging in Drone flight activities within Taipei Flight Information Region shall not be applicable to provisions in Chapter 5, Section 2.
All the applications and notifications under these Regulations may be filed in electronic form through the information system designated by CAA.
All applications under the Regulations shall be charged pursuant to Attachment 17.
The designer, manufacturer, modifier or the Owner of the Drone which has passed the inspection or certification by CAA and been issued relevant certification documents prior to the enactment of the Regulations may apply to CAA for relevant inspection certificate or certification document after the Regulations take effect.
The Remote pilot who has passed CAA’s examination and obtained relevant certification document prior to the enactment of the Regulations may apply to CAA for the relevant remote pilot license after the Regulations take effect.
From May 15 2021, due to the epidemic during the period of the Central Epidemic Command Center was set up and CAA temporary suspend the business for drone inspection or renewal of remote pilot license, the applicant shall state the reason and attach the relevant documents to apply an approval from CAA for issuing the document of extension up to and not exceed 3 months with one of the following conditions:
1. In the event that the applicant cannot apply for re-inspection within the due date set forth in Article 15, Paragraph 4.
2. In the event that the applicant cannot apply for renewal of the remote pilot license within the due date set forth in Article 23, Paragraph 2.
From May 15 2021, due to the epidemic during the period of the Central Epidemic Command Center was set up and CAA temporary suspend the business for test of remote pilot license so that applicant cannot complete the practical test of remote pilot within the due date set forth in Article 22, Paragraph 1, the applicant shall state the reason and attach the relevant documents to apply an approval from CAA for extending the aforementioned due date for 3 months.
Those who have been approved for extension in accordance with the preceding two paragraphs, and still affected by the epidemic during the extension, can apply to CAA for further extension in accordance with the provisions of the preceding two paragraphs.
The date on which the Regulations shall take effect shall be determined by the Ministry of Transportation and Communications.
Advanced Air Mobility (AAM) Regulations & Policies
None found by the author.
However, should you, the reader, happen to stumble across something to the contrary, please email the author at FISHE5CA@erau.edu and you may be mentioned in the ACKNOWLEDGEMENTS section of this book by way of thanks for contributing to this free eBook!
Advanced Air Mobility (AAM) News
None found by the author.
However, should you, the reader, happen to stumble across something to the contrary, please email the author at FISHE5CA@erau.edu and you may be mentioned in the ACKNOWLEDGEMENTS section of this book by way of thanks for contributing to this free eBook!
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 the Temple, 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.