CIC NOTE

2024/11/18

Towards a drone-driven future
Shuntaro Ando
Towards a drone-driven future

2024.11-18

Shuntaro Ando

A whole new kind of nighttime entertainment

Drone shows have quickly become well-known in Japan as they are used in the production of international sporting events, and are now in high demand at events and fireworks festivals at major theme parks.
Autonomous drones equipped with hundreds or thousands of full-color LEDs are coordinated and controlled by a computer program to fly in formation, and by skillfully controlling the LEDs they are equipped with, three-dimensional "light sculptures" and "giant screens" are instantly created in the space.

©️Redcliff Co., Ltd.

Until now, the number of drones in Japan was at most around 1,000. On August 20, 2024, Red Cliff, a major domestic drone show planning and management company, successfully conducted a demonstration experiment of a spectacular performance using 3,000 drones. New light shows using drones equipped with fireworks have also begun to be held. Drone shows are indeed becoming a new genre of modern "nighttime entertainment" in addition to fireworks festivals and illumination events.

©️Redcliff Co., Ltd.

On the other hand, there are also very strict "legal barriers"

In addition to the "drone shows" introduced earlier, drones (unmanned aerial vehicles) are being increasingly used in Japan for aerial photography for video production and television broadcasting, transportation and distribution in depopulated areas, and agriculture, and are seen as a solution to the recent aging population and labor shortages.

However, Japan's legal regulations regarding drones are extremely strict compared to other developed countries. In particular, drones weighing over 100g are legally classified as "unmanned aerial vehicles," and the airspace and methods of flight are strictly regulated by the Aviation Act.

Drones weighing less than 100g are called model aircraft or small unmanned aircraft, and the Small Unmanned Aircraft Prohibition Act restricts their flying over important national facilities, but they can be flown relatively freely in other airspaces.

However, most drones weighing less than 100g are considered toys. Currently, the drones used for aerial photography and drone shows weigh at least 1kg, and most drones used for pesticide spraying and distribution operations weigh over 10kg. Most drones that can be expected to be used for social purposes are classified as "unmanned aerial vehicles" as defined by the Aviation Act, and there are strict restrictions on their flight.

Airspace where permission to fly unmanned aerial vehicles is required (from the Ministry of Land, Infrastructure, Transport and Tourism website)

According to the "No-fly Zones and Flight Methods for Unmanned Aircraft" issued by the Ministry of Land, Infrastructure, Transport and Tourism, there are restrictions on the airspace in which unmanned aircraft can fly and the flight methods, and permission or approval is required to fly within the restrictions. (For more information, please refer to the Ministry of Land, Infrastructure, Transport and Tourism website.)

Particularly strict conditions are "over densely populated areas" as indicated in the flight airspace and "flight without maintaining distance from people or property" as indicated in the flight method. The former densely populated areas are areas with a high concentration of people or houses, as defined by the national census, but most cities, wards, towns, and villages in Tokyo fall under this category, and it is difficult to find other areas in the Kanto region and its suburbs. The latter means that you must fly at a distance of more than 30 meters from third parties or third party property, but this also means that you can only fly over rivers or seas, except within large private areas.
In other words, for most aerial photography and drone shows, flying a drone cannot be done based on one's own judgment or by obtaining permission from individuals or corporations in the flight airspace; permission and approval must be applied for from the Ministry of Land, Infrastructure, Transport and Tourism each time.

In addition, the Aviation Act requires that unmanned aerial vehicles and the person flying them must be registered. It is also mandatory that the aircraft be equipped with a remote ID device that constantly transmits information about the aircraft wirelessly. Flying an aircraft without doing so is a violation of the Aviation Act.
Due to these strict legal regulations in Japan, it is not possible to "fly a drone immediately after purchasing it," which is a major hurdle to the various social implementations of drones.

The importance of operating according to the rules

As such, the legal regulations surrounding "unmanned aerial vehicles," which refer to drones weighing over 100g, are strict, and violations have large penalties and social impacts. Therefore, compliance with laws and regulations is strongly required for drone shows and other social implementations such as aerial photography, transportation, and agricultural use.

First, you can apply to the Civil Aviation Bureau for the airspace and flight methods mentioned in the previous section, and obtain the appropriate permission and approval to clear the restrictions. In addition, registration of aircraft and pilots can be applied for online, so you can just follow the steps of "buy and register" in the same way as for cars and mopeds.

In addition, the recent amendment to the Aviation Act now allows aircraft that have obtained "aircraft certification (type certification)" to be flown by a "license (unmanned aircraft pilot skill certificate)" holder to fly in some airspaces and for some flight methods without permission or approval.

As for myself, I got my license (Second Class UAV Pilot) last year, so when using a type-certified aircraft, I do not need permission for some flights. (Flight plans and flight records must be submitted.)
In addition, many of the companies that hold drone shows and aerial photography have licensed employees who operate drones in compliance with the law, and I believe this trend will continue to spread in the future.

Nomura Co., Ltd. believes that the significance of license holders belonging to the company is not only in actual legal compliance, but also in being able to consider the legal and physical feasibility at the planning and design stages of spatial productions such as drone shows and aerial photography for content creation, as well as providing consulting on what changes to plans are necessary to comply with the law.