Drones in Brazilian agriculture: challenges of current regulation and Agriculture 4.0

By Viviane Kunisawa and Angela Fonseca

The news about a cloud of locusts approaching the southern borders of Brazil highlighted the importance of adopting new technologies in the country’s agriculture. 

Among the phytosanitary emergency measures adopted by the government is the use of pesticides to combat the locusts, with aerial spraying as one of the main means of application. It can be made by manned aircraft or unmanned vehicles, the ones popularly known by the sound figure "drones". Its use calls for greater precision in the application, which, in the case of combating locusts, is essential to minimize impacts on the affected area.

Drones can be unmanned aerial vehicles ("UAV") or remotely piloted aircraft ("RPA") and are one of the technological tools applied in the so-called "smart farming", or "Agriculture 4.0". Drones have limitations on flight range, as well as restrictions related to weight, which, as we will see, impacts on their regulatory classification. However, there is no denying that they have efficiency gains and positive sustainability effects on manned vehicles, using electricity instead of fossil fuels.

Its applications in agriculture range from mapping areas, assessing the stage of crops and vigor, in addition to phytosanitary problems and impacts due to drought and hail, including crop planning, to the spraying of fertilizers and pesticides.

The lightest UAVs, used in data collection and mapping, with a maximum takeoff weight of up to 25 kilos (Class 3) and visual line performance (VLOS) of up to 400 feet, do not even require a remote pilot license and license, as well as use of transponder. In agriculture, the highlights are the insurance requirements, Responsibility of the Explorer and Air Carrier (Reta), registration with ANAC (SISANT) for non-recreational use and approval certificate with Anatel. A minimum of 30 meters must be kept from uninvolved and non-consenting persons, or from buildings.

There is criticism that a UAV would not have the capacity or autonomy to transport fertilizers or other products. The question is to identify in which applications the drone can replace manned vehicles.

Anyway, there is constant innovation in UAVs with the aim of making them more and more productive. There is news of the launch of agricultural cargo models, with a maximum take-off weight of 600 kilos and a flight autonomy of two hours, ideal for remote regions with adverse weather conditions.

For these models of UAVs, currently classified as Class 1, in addition to the requirements of Class 3, an Airworthiness Certificate, Annual Maintenance Inspection, licensed remote pilot, with an Aeronautical Medical Certificate are required. Flights with a magnitude of more than 30 meters, reaching the airspace, depend on a Special Authorization to be issued by the Airspace Control Department (DECEA), through the SARPAS system, within the anticipation set forth in Decree No. 112 of 2020.

In the context of aerial spraying of pesticides, it is, in general, a small piece of equipment, carrying less syrup, which makes its productivity relatively limited. But the device has already demonstrated better operating performance than the costly application, with the advantage of having low drift due to the “downwash” effect resulting from its wings, which increases the precision in the application of the product and, undoubtedly, reduces the exposure the applicator to minimum levels.

The expansion of the use of drones in the context of improving the quality of the application of pesticides, especially in small properties, should be encouraged. With more efficient equipment, it is possible to have a reduction in costs and associated risks - especially the direct contact of the applicator with the pesticide.

In the context of Agriculture 4.0, the order of the day is to incorporate applications and hardware with communication systems and the Internet of Things (IoT) throughout the rural production chain, such as meters that collect climatic data, sensors in dairy and beef animals and the aforementioned drones, as well as cloud computing services. The development of private network structures and increased latency are some of the regulatory challenges to be faced in the coming years by Anatel and the Management and Monitoring Chamber for the Development of Communication Systems Machine to Machine and Internet of Things - (“IoT Chamber”), formed, among others, by representatives of the Ministry of Agriculture, Livestock and Supply (MAPA).

The original Portuguese version of this report is from Estadão.