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Exciting new applications for drones are evolving almost daily in tech hungry Japan, but strict regulations control the airspace

Drone flight regulations

Drones weighing 100 grams or more in combined weight of the body and battery are defined as ¡°unmanned aerial vehicles¡± (UAVs), and are subject to regulation under Japan¡¯s Aeronautics Law, which controls commercial applications ranging from surveying and agricultural monitoring to infrastructure and environmental inspection, express delivery and disaster response.

This article introduces the general regulations for commercially flying drones in Japan.

UAV registration

Under the law, UAVs must be registered in the Unmanned Aerial Vehicle Registry, marked with a registration ID, and fitted with a remote ID function before they can be used for outdoor aviation purposes.

Therefore, anyone planning to use a drone classified as a UAV in Japan needs to apply for registration with the Ministry of Land, Infrastructure, Transport and Tourism (MLIT). Additionally, if there are any changes in certain details, notification of the change must be submitted within 15 days, and registration must be renewed every three years.

Airspace restrictions

Flying drones in the following airspace generally requires permission from the MLIT under the Aeronautics Law:

1. Areas around airports;
2. Emergency zones (airspace where UAV flight is generally prohibited to allow for emergency aircraft operations such as police or firefighting activities);
3. Airspace more than 150 metres above the ground; and
4. Airspace above densely inhabited districts.

Even outside the above-mentioned airspace, flying drones over “important facilities” as defined by the Small Unmanned Aircraft Prohibition Act ¨C such as the National Diet building, Prime Minister¡¯s office, Supreme Court, nuclear power plants, and within about 300 metres of these facilities ¨C requires consent from the facility manager and/or landowner, and prior notification to the prefectural public safety commission.

Unlike the Aeronautics Law, the Unmanned Aircraft Regulation Law applies to drones weighing less than 100 grams.

Flight regulations

Flight methods prohibited by the Aeronautics Law are listed below. However, exceptions may be made for methods (5) to (10) if approval is obtained from the MLIT:

1. Flying under the influence of alcohol or drugs;
2. Flying without pre-flight checks (such as weather information);
3. Flying without taking measures to prevent collisions with other aircraft;
4. Flying in a manner that causes annoyance to others (such as sudden dives or close approaches to people);
5. Flying at night;
6. Flying beyond the visual line of sight;
7. Flying without maintaining a distance of 30 metres from people or objects;
8. Flying over event sites;
9. Transporting hazardous materials; and
10. Dropping objects.

Permission or approval

Flights requiring permission from the MLIT (as described in the above-mentioned Airspace restrictions), or approval for specific flight methods (as described in items (5) to (10)) are defined as ¡°specific flights¡± under the Aeronautics Law. Necessary permissions or approvals required for specific flights are according to risk category. Flight modes are classified into three categories according to risk, with different screening criteria and rules to follow depending on the category. Therefore, when obtaining permission or approval from the MLIT, it is necessary to determine which category the intended flight falls into:

• Category I. Flights that do not qualify as specific flights. No aeronautics law flight permission or approval procedures are required.
• Category II. Specific flights with entry control measures (flights that do not occur over third parties).
• Category III. Specific flights without entry control measures (flights that occur over third parties).

Note that ¡°entry control measures¡± refer to restricting third-party access to the area under the drone¡¯s flight path.

Category II flights

If a specific flight falls under the category on the left side of the accompanying table, it qualifies as a Category II flight. In such cases, it is generally necessary to implement entry control measures and obtain individual permission or approval as outlined on the right side of the table.

Category III flights

Specific flights that do not implement entry control measures fall under Category III, and as a general rule such flights are not permitted.

However, as an exception, if the flight is conducted by a pilot with class 1 unmanned aircraft pilot certification using an unmanned aerial vehicle with type 1 airworthiness certification, the flight may be allowed, provided that permission or approval are obtained for each flight.

Radio Act

The remote control of drones, as well as the transmission of images and data from drones, involves the use of radio waves. When using radio equipment for transmitting and receiving radio waves, the establishment of a ¡°radio station¡± under the Radio Act generally requires a licence from the Minister of Internal Affairs and Communications.

However, there are exceptions where a licence is not required, such as for low-power radio stations or specific-purpose low-power radio stations.

Many hobby drones use radio stations that do not require a licence. However, for industrial drones that transmit large volumes of data and images over long distances, the use of radio waves designated for robots is required, necessitating a radio station licence.

Please refer to the website of the Ministry of Internal Affairs and Communications for the list of major wireless communication systems that are expected to be used with drones and similar devices in Japan at
.

Land ownership rights

When flying a drone over a third party¡¯s land, there is concern that it may infringe on the landowner¡¯s rights. According to the Civil Law, ¡°Ownership in land extends to above and below the surface of the land, within the limits of laws and regulations¡±.

However, even if permission under the Aeronautics Law has been obtained for drone flights, this does not mean that land ownership rights are automatically exempt from consideration due to ¡°limits of laws and regulations¡±.

On the other hand, the scope of the airspace to which ownership extends is interpreted as limited to the extent of the landowner¡¯s ¡°interest¡±. Therefore, it is not always necessary to obtain the landowner¡¯s consent when flying a drone.

According to the Cabinet Secretariat¡¯s clarification, the ¡°extent of interest¡± is determined on a case-by-case basis, considering factors such as specific use of the land and including the presence of buildings or structures. See ).

If the drone flight does not interfere with the land¡¯s use, considering these specific circumstances, it is likely that the landowner¡¯s consent is not required.

Foreign investment

Under the Foreign Exchange and Foreign Trade Act, when a ¡°foreign investor¡± acquires shares in a Japanese company engaged in designated industries, prior notification to the Minister of Finance and the relevant minister overseeing the industry is generally required.

If prior notification is required, the investment cannot be executed until 30 days have passed from the date of notification acceptance. For investments in Japanese companies engaged in the manufacturing, machinery repair or software development related to UAVs, prior notification is required, if even just a single share is acquired in an unlisted company.

For listed companies, prior notification is necessary if the investment results in a stake of 1% or more.

CHUO SOGO LAW OFFICE, PC
Hibiya Kokusai Building, 18th floor,2-2-3,
Uchisaiwaicho, Chiyoda-ku,
Tokyo, 100-0011, Japan
Tel: +81-3-3539-1877
Fax: +81-3-3539-1878