Decree-Law n.º 58/2018, of July 23, established the compulsory Unmanned Aircraft Systems (UAS), in other words, drones and their remote control systems are registered on the Autoridade Nacional de Aviação (ANAC), to be able to be operated. This registration must be made within 60 days from the date of the availability of the electronic platform for this purpose.
However, operators not resident in Portugal who use UAS in national territory for a period not exceeding one month are not subject to this mandatory obligation of registration. In these cases, operators must make a prior communication on the electronic platform, and they are assigned a provisional registration number valid for the duration of their stay in national territory.
Registration is public and is likely to affect the privacy of citizens.
The fees charged by the ANAC for registration are reduced by half if they are charged to members of sporting associations that engage in aeromodelling. Specifically, the fees will be fixed by ordinance of the members of the government responsible for the areas of finance and civil aviation.
After payment of the fee, an identification code will be assigned to the registration label which must be placed on thedrone so that it is legible.
The registration of UAS operators is valid for five years and may be revalidated within 90 days prior to the end of this period.
UAS operators are obliged to take out compulsory civil liability insurance for property damage caused by UAS whose aircraft have a maximum weight exceeding 900 grams. The operators of these devices are liable for property damage, regardless of fault.
The transfer of ownership must be communicated to ANAC through the electronic platform, as well as any other relevant events.
The misconduct applicable to the violation of this law varies from very serious, serious and light, and its limits are as follows:
- For individuals, the fines are between € 300 and € 3.500;
- For companies, the fines are between € 800 and € 7.500.
ANAC may determine the application of the accessory sanction of interdiction of the exercise of activities with recourse to UAS for a period not exceeding two years, as well as declare the loss of UAS in favor of the State.
Managers of airport infrastructure with a total traffic volume of more than one million passengers per year are required to install UAS detection and inhibition systems.
The administrative rules that determine the rates applicable to registrations and which regulate the minimum coverage, conditions and capital of the compulsory insurance contract must be approved within 60 days after entry into force of Decree-Law no. 58/2018, of 23 July.
Decree-Law no. 58/2018 of 23 July came into force on 28 July 2018.