Using Drones in Thailand

By John Formichella

john@fosrlaw.com

The Thai Ministry of Transportation has issued a notification categorizing Externally Piloted Aircraft (“Drones”) into two groups depending on their purpose of use:

(1)  Drones for the purpose of recreation (e.g. as a hobby, entertainment or sport);      and,

(2)  Drones for purposes other than those specified in (1) above as follows:

      i)    reporting on news/traffic;

      ii)   photography/filming;

      iii)   research and development of aircraft; and

      iv)  other purposes.

The maximum permitted drone weight for both the above categories is 25 kg.

The Ministry of Transportation’s new Notification on the Rules to Apply for a License and Conditions to Control and Launch Unmanned Aerial Vehicles in the type of Externally Piloted Aircraft B.E. 2558 (2015) (“Notification”) became effective on 28 August 2015, and imposes tighter controls on the launch and control of unmanned aerial vehicles in Thailand.

Under the Notification, drone users are required to apply for a license to launch and control drones with the Ministry of Transportation, must be over 20 years old (except drones used for recreation under 2 kg in weight, where users must be over 18 years old), and must never have been imprisoned for drugs or customs related offences. Registration with the Director-General of the Civil Aviation Department is also required.

Registered controllers must then comply with all provisions specified in the Notification, including pre-launch and flying restrictions for the purposes of safety and privacy, restrictions concerning areas of use as stated in the Aeronautical Information Thailand Publication, restrictions concerning hours of use, and other requirements such as keeping a minimum horizontal distance of at least 50 meters (150 feet) between drones and people, others vehicles and buildings.

The Director-General has the authority to grant permission to comply with different flying requirements when requested to do so in writing by registered controllers.

Operation of drones above 25 kg in weight (regardless of purpose) requires permission from the Director-General and is assessed on a case-by-case basis. Such drones may only be launched and controlled after written permission from the Minister of Transport has been obtained.

This article contains information in summary form and shall be understood as general information only. It is not to be understood as and is not to be relied upon as legal advice.

© John P. Formichella. All rights reserved.