Portaria n.º 2/2021
Court: | Finanças e Infraestruturas e Habitação |
ELI: | https://data.dre.pt/eli/port/2/2021/01/04/p/dre |
Publication Date: | 04 Jan 2021 |
Portaria n.º 2/2021
de 4 de janeiro
Sumário: Define as coberturas, condições e capitais mínimos aplicáveis ao seguro de responsabilidade civil previsto no artigo 10.º do Decreto-Lei n.º 58/2018, de 23 de julho, a celebrar pelos operadores de aeronaves civis não tripuladas («operadores de UAS» Unmanned Aircraft System).
O Decreto-Lei n.º 58/2018, de 23 de julho, estabelece um regime obrigatório de registo e de seguro de responsabilidade civil aplicável a operadores de sistemas de aeronaves civis não tripuladas no espaço aéreo nacional, usualmente designadas por drones.
O n.º 1 do artigo 10.º do Decreto-Lei n.º 58/2018, de 23 de julho, cria o referido seguro obrigatório para o uso de aeronaves cuja massa máxima operacional seja superior a 900 gramas, cuja cobertura atende à responsabilidade civil subjetiva nos termos gerais e à responsabilidade civil objetiva prevista no artigo 9.º do mesmo diploma legal.
Por sua vez, o n.º 3 do mesmo artigo 10.º estabelece que as coberturas, condições e capitais mínimos do seguro de responsabilidade civil dos operadores de sistema de aeronave não tripulada são regulados por portaria dos membros do Governo responsáveis pelas áreas das finanças e da aviação civil, devendo modular o regime atendendo à variação do risco coberto em função das diferentes massas máximas operacionais das aeronaves.
Em cumprimento de tal disposição, a presente portaria estabelece as coberturas, condições e capitais mínimos a preencher pelo contrato de seguro a subscrever pelos operadores de sistema de aeronave não tripulada.
Na presente portaria, optou-se por estratificar a cobertura mínima do seguro em função do peso ou massa máxima operacional das aeronaves, tendo por base os riscos associados a diversos fatores ou características das mesmas, bem como o regime do Regulamento (CE) n.º 785/2004, do Parlamento Europeu e do Conselho, de 21 de abril de 2004, relativo aos requisitos do seguro para transportadoras aéreas e operadores de aeronaves.
Tal como previsto no Regulamento (CE) n.º 785/2004, o critério seguido para fixar os limites mínimos do seguro obrigatório de responsabilidade civil relativamente a danos provocados a terceiros reflete a relação entre o peso e os danos potenciais que cada tipo de aeronave pode causar. Assim, a cobertura de seguro mínima por acidente e por aeronave dependerá da massa máxima operacional da mesma.
Com efeito, através dos pressupostos usados para os cálculos da energia cinética de impacto, resultante do peso, área frontal, altura, densidade atmosférica e velocidade terminal de queda, categorizou-se a cobertura mínima entre os 900 gr e os 20 kg, de forma a acautelar quaisquer danos que possam resultar da operação, em particular pela não observância das condições impostas pela Autoridade Nacional da Aviação Civil (ANAC), através do Regulamento n.º 1093/2016, de 14 de dezembro.
Foram, assim, consideradas quedas a diferentes altitudes, tendo-se concluído que, independentemente da queda balística, numa área de proteção de 30 metros estabelecida na vizinhança de uma infraestrutura aeroportuária ou a 120 metros em espaço aéreo não controlado, a energia de impacto será sempre inferior a 700J, considerando os pressupostos usados nos cálculos para aeronaves com massa máxima operacional inferior a 1,5 kg.
De modo a encontrar um valor percentual de redução ajustado, procedeu-se ainda a uma comparação da variação entre as categorias da tabela constante do artigo 7.º do Regulamento (CE) n.º 785/2004, tendo-se verificado que o valor médio de aumento entre as 10 categorias é de 112,9 %, duplicando-se...
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