Drone Laws in Costa Rica Explained
Before you head out to fly your drone in Costa Rica, you need to know a few basic facts about the laws that apply to what you’re doing. Although the country does have some drone regulations already, drone laws in Central America are still fairly new. It’s clear that drone laws will continue to evolve in the region, but right now, knowing what’s on the books and what the laws say is critically important.
This is particularly true right now, as Costa Rica is considered a strong leader in the drone industry in Central America. Costa Rica has developed a regulatory framework for drones and has already begun implementing many of these laws. It’s one of the first countries in the region to develop drone regulations. But as the technology continues to advance and more and more people begin operating drones regularly , drone laws and regulations in Costa Rica are likely to shift and change over time.
Laws governing the use of drones typically touch on areas such the registration process, licensing, panda the insurance that drone owners have to obtain for their vehicles. In addition, drone laws and regulations also cover areas such as what operators and owners have to do when their drones crash or break down and how close drones can get to certain sensitive locations, like airports and national parks.
Because drone laws and regulations are constantly changing, it’s critical to be up-to-date with what’s happening. You might not want to put off operating a drone in Costa Rica until new laws and regulations are drafted and implemented, as these laws will probably always be changing – instead, you just have to know what the laws and regulations are at the present time.
Drone Registration in Costa Rica
Similar to the laws in the United States and other countries, in Costa Rica owners of drones are required to register their device(s) with the government. The process is straightforward, and drone owners need only provide a few pieces of information about their device(s). The law does not differentiate between commercial and personal drones – owners must register their device(s) either way.
Providing registration details
Drone owners must describe their equipment, which may include the weight, shape or other physical attributes. Drone owners must also provide the model and serial numbers of the drones. Only commercial drone owners must also provide the peso value of their drone(s). Failure to register a drone with the government is subject to penalty.
Fees
The cost for registering a drone is $12, although there is no fee for registering an unmanned aircraft (RPA) used by the government.
Timeline
It typically takes three months for authorities to process a drone registration application.
Licensing and Certification of Drone Pilots in Costa Rica
To legally operate an unmanned aerial vehicle (UAV) or drone in Costa Rica, the pilot must be licensed or certified according to the first category of certification. All UAVs flown for commercial purposes fall under this category.
The requirements to obtain pilot certification are as follows:
-Retail authorization from the Ministry of Public Works and Transportation Decree No.37, dated October 20, 2014.
-Certificate of Medical Attestation signed by a physician.
-Pass a written test on air regulations, meteorology, navigation, aeronautical charts data, aircraft systems, radio telecommunications, procedures and principles of flight.
-Pass a demonstration of flight proficiency of the UAV before CONAREC certified instructor.
A full description of the technical requirements specified in Decree No.37 was set forth in the entry "Drone License and Registrations". As stated above, to obtain a pilot certification for commercial purposes, all the above requirements must be met.
Restrictions on the Operation of Drones in Costa Rica
Once the operator of a drone has obtained their license, they are still subject to significant restrictions. Entry to certain areas is forbidden, as well as certain types of tasks. Above all, no one may operate a drone that exceeds the height or distance rules.
The rules for the altitude that a drone may ascend to are as follows:
Altitudes. Operations are permitted from a height of 60 meters up to a maximum height of 120 meters subject to prior authorization. The rules indicate that the operator must obtain prior consent from the owner, tenant, occupant of the immovable property where the aircraft is intended to be used. If the nearest seat of a residential apartment is to be affected, the owner and the principal tenants have to give consent.
In practice, this means that operators will frequently need permission from individuals to fly a drone. This is very unpopular in most countries and may deter individuals from applying for permission. However, Costa Rica is a country marked by a lack of bureaucracy, and it is likely that individuals will swiftly find another way to do things if permission is required.
No fly zones. Drones must not be closer than 5 km from Hospital, Stadiums, Prison, Convent. Drones are not permitted to be operated within 1.5 km from military or air force buildings, military airports, embassies, consulates, and international schools.
This section bills the operator with responsibility for finding out information about permission to operate drones. In many instances, this information will not be available. For example, many people will not know what constitutes an embassy or consulate. Furthermore, an argument could be made that military buildings do not include National Park buildings, for example. The safest way to proceed is to obtain permission wherever possible.
Night flying. Specific permission is required from the Director of the General Directorate of Civil Aviation to operate a drone at night. It is explicitly forbidden to fly in proximity to people, occupancies, public properties, or moving vehicles. Flights should be performed from a maximum hover position of 10 m from the centre of buildings, opera houses, theatres, concert halls, hospitals, churches, parks, advertisement boards, bancar or money transfer agencies, stadiums, racetracks, Áreas de recreación Zarzaparranda (ratification of ForPres 2006-28), parks, parking lots, car washes, pharmacies, markets, shops, supermarkets, restaurants). It is thus forbidden to operate drones in any public area. This again means that those filming or photographing will need the express permission of every individual in the country. This is an unsustainable way of functioning and it is so impractical that it will inevitably result in anarchy.
Costa Rica Drone Regulations and Privacy Considerations
The proliferation of surveillance and vehicle drones has raised legitimate privacy and data protection concerns around the world, but the Costa Rican government has not yet issued any specific regulations within these areas which directly relate to drone usage. Given the global focus on privacy and data protection, however, it is still essential for operators to be aware of and comply with privacy and data protection laws.
Data Protection Law
Costa Rica has enacted a specialized data protection law (Law No. 8958 of 2011) as well as general privacy laws. The key aspects of this law are:
Privacy Laws
There are two specific privacy laws in Costa Rica:
Faced with increasing privacy concerns , most operators will still need to inform the data subject(s) of the fact that their information, in this case video footage, is being recorded. Transparency about footage use may allay potential concerns. Third party rights should also be respected.
Operators should pay particular attention to whether the recording operation is in a public or private place, as this heavily influences whether individual privacy expectations might exist when recording subjects. Usually, if an operator records individuals who have not given their consent in a private place, or if the recording is not justified under the prohibition of trespass law, that operator could be in violation of the law.
Enforcement and Penalties for Drone Rule Violations in Costa Rica
Failure to adhere to the rigid laws around flying your drone in Costa Rica can potentially lead to costly fines and other penalties. The Directorate General of Civil Aviation (DGAC) is tasked with enforcing all drone laws, and they are known to not tolerate any infractions. This includes any action that goes against the instructions provided with the drone at the time of purchase. If a tourist engages in illegal behavior, they could have their drone confiscated by officials, or be directly fined at the time of the offense.
In the eyes of the law, there is no distinction between user types when it comes to penalties for violations. That means that even if you are in Costa Rica on vacation and not trying to make a profit, penalties can still be stiff.
Violating the specified flight height, for example, can lead to a fine of 20,000 colones (just over $35). It’s possible for violators to face additional fines of up to $5,000 per instance of illegal use, and a flat fee of $2,000 for confiscation of the drone and any other equipment used to conduct the illegal activities. A suspended sentence is issued to first-time offenders, which means that they do not have to spend any time in prison unless they commit an additional violation under the same law within a year of the initial offense.
Best Practices for Operating Drones in Costa Rica
As the popularity of drone technology continues to surge, it’s vital to prioritize safety and compliance when operating drones. Here are some best practices to follow to ensure both safe and responsible flight:
1. Maintain a Safe Distance from People and Protected Areas
It is crucial to respect the privacy and safety of individuals and wildlife when operating your drone. In Costa Rica, it is especially important to avoid flying near national parks and protected areas, where drones can disrupt delicate ecosystems and endanger protected species. When flying in residential areas or near crowds, maintain a safe distance and avoid hovering over people.
2. Avoid Flying Drones Near Airports
Airspace restrictions are a critical component of safe drone operation. Always check the local airspace for restrictions before flying, and ensure you avoid flying within the vicinity of airports and heliports. The Federal Aviation Administration (FAA) provides a data map of restricted airspace areas, making it easier to check restrictions on the fly.
3. Be Responsible When Sharing Photos and Videos Online
Respect the privacy of individuals you may have photographed or filmed with your drone. Before posting online, check that you do not have any images that include people or locations that may be highly sensitive or result in complaints. Additionally, avoid using your drone to verbalize or otherwise indicate a message to onlookers regarding their personal property or otherwise.
4. Respect Wildlife and Protected Areas
Wildlife is an incredibly important aspect of Costa Rica. It is crucial to maintain an appropriate distance when filming or photographing around animals in their natural habitat to prevent potential injury to yourself or disruption to the animals. Keep a safe distance of at least 30 meters, and do not capture images of nests or breeding areas.
5. Always Pay Attention to Other Air Traffic
Remember to keep a lookout for low-flying aircraft and helicopters in certain areas. Activities such as filming commercials or using drones to film private or governmental events may require specific permits and permissions to ensure you are compliant with all applicable laws.
The Future of Drone Legislation in Costa Rica
In light of the rapid pace at which drone technology is evolving, future trends in Costa Rican drone regulations must be continuously monitored. As emerging tools and practices like artificial intelligence (AI), blockchain technology, and the Internet of Things (IoT) become more widely used, Costa Rica’s drone regulations will likely need to adapt to these emerging technologies.
For example, as AI becomes more prevalent in drones, there will be greater concerns about data privacy and security. Drones equipped with facial recognition technology and other forms of AI could be used for mass surveillance without consent, raising significant privacy concerns. Costa Rica, like other countries, may need to impose stricter regulations on the use of AI in drones to prevent these potential abuses of power.
Likewise, blockchain technology may play a role in the future of drone regulations in Costa Rica and beyond. Digital identity verification and secure data storage powered by blockchain technology could help identify the owners and operators of drones . In addition, blockchain could provide a secure way to register and track drones. Such use of blockchain technology would enable Costa Rica to rely on a more transparent and tamper-proof system. Indeed, regulatory compliance for the use of drones may increase as this technology is adopted in more industries.
Finally, the Internet of Things (IoT) could change the way drones are regulated. IoT devices are becoming more prevalent and widespread as more devices and appliances are connected to the Internet. These IoT systems may even be vulnerable to hacking or spoofing, posing a potential security risk. If drones are connected to the Internet and the IoT, they too may be vulnerable to these attacks. In the future, Costa Rica may need to develop heightened standards and requirements specifically related to IoT drones.
Overall, oil and gas companies in Costa Rica will need to stay aware of the latest developments in drone regulations and technology, particularly if their operations involve the use of drones. Those that fail to comply with Costa Rica’s regulatory requirements may be subject to fines and other penalties.