New EU regulations for using civil drones are prepared to be published in the summer of 2019. It will take one year to implement these new rules in all EU countries. The new regulations aim to create a level playing field in Europe and will remove drone operations from the aviation domain in terms of regulation. Current manned aviation regulations are rule-based and have proven to be insufficiently flexible for the rapidly changing drone market.
The new regulations divide the operations into the commercial and recreational which are risk-based, assigned them into the low-risk category (open category) and a medium-risk category (specific category). The high-risk operations will remain in the (manned) aviation domain under the certified category (which is currently not addressed in the new regulations).
The open category places very few demands on the pilot or operator and implies a buy-and-fly approach. Pilot qualification can be as simple as an online exam. The drones themselves will need to have a European-approved product certification (CE marking).
Current commercial drone operations will be possible in this open category as long as they do not take place over or near (30m) people. This will imply a heavy influx of companies of all EU member states wanting to use drones as a tool (rather than drone-centric service operators).
All other operations, unless high risk, are performed in the specific category. For this category, a risk assessment must be carried out by the operator with associated mitigation measures implemented, and approval requested from their National aviation authority.
Regulations are addressed to the people who are hobbyists or drone professionals and are expected to be published between May and July of 2019. The aim of the new regulatory framework is to standardize the operational regulations in Europe and create a common market.
The responsibility for the operation of civil drones in European airspace below 150 kg MTOM (Maximum Take Off Mass) was transferred from the National aviation authorities to the European Commission on the 7thof December 2018.
Civil drones refer to all drone usage other than by the military, police, or emergency services. They, therefore, range from hobbyists operating a DJI Mavic to cargo delivery.
EASA (European Union Aviation Safety Agency) has been appointed by the European Parliament to propose to the European Commission the technical expertise to regulate drones below a maximum take-off mass of 150 kg.
The proposed regulations by EASA have been unanimously accepted by the European Commission on the 28th of February 2019. These regulations are called the Implementing Act and are accompanied by the Delegated Act that was adopted by the European Commission on the 12th of March 2019.
The Implementing Act consists of two documents, the Commission Implementing Regulations and the Annex to the regulations. These set out amongst others the following:
The Delegated Act also contains two documents, the Commission Delegated Regulation and the Annex to the regulations. The delegated regulations cover amongst others the following:
Between May and July of 2019, the new regulations will be published. The national CAA’s then have one year to implement these regulations before these come into force in July 2020. Up until that date, it is still possible to operate under the current regulations and even apply for a permit/exemption based on these regulations. From July 2020 onward it is still possible to use previously obtained permits and exemptions for a period of two years up to July 2022. From then on it is only the EU regulations that are applicable.
The new European Regulations will have an impact on the whole drone industry. The main gain is that it creates a European-wide structure and uniformity in comparison to the current shattered and incomprehensible regulations that differ in each country. The regulations also give UAV pilots more privileges than in the past.
Local Civil Aviation Authorities still have some say in matters such as designating no-fly zones or creating special zones with specific regulations. However, the implementing act prevails over local regulations meaning that individual CAA’s cannot make the rules stricter.
The main change is that the new regulations are risk-based. This means that the risks of each type of operation and with different types of drones are evaluated. For example, flying a heavy drone over a populated area carries a far greater risk than flying a little hobby drone in a remote area. Only the location matters, i.e. where drone flights will be relevant but not what they are doing.
Other main principles in the new regulations are:
The product specifications for drones have been introduced since technical developments of drones have progressed at such a rapid pace that legislation was no longer able to keep up. At present, a new model drone replaces the earlier version at an average rate of 9 months comparing this to manned aviation where this cycle takes around 7 to 9 years.
Under the new regulations, drone operations in the EU are subdivided into three categories:
The current proposed regulations do not cover the certified category. In this category, the drones will have to comply with standard aviation requirements and the operational rules are the same as for manned aviation.
The regulations provide more freedom for the UAV operator in the fact that certain aspects have not been made explicit in the new regulations. For example, most countries in Europe would define VLOS (Visual Line Of Sight) as the distance to which the UAV can be seen but to a maximum of 500 meters. This is also the maximum distance from the pilot that a drone can currently be flown under most European Regulations at present. But this 500-meter limit is not present in the new regulations. If the UAV can be seen at 1,500 meters distance, it can be used free. The other important fact is that the regulations do not address drones as remotely piloted aircraft but as unmanned aircraft. In the new regulations, an autonomous flight will be permitted as the drone is not remotely piloted (with the exception of subcategory C4 in the open category).
Last but not least, the main identified risk factor is flights over – or near – people. Buildings are not addressed, and this offers further opportunities to operate in dense urban areas.
The Open Category is meant for low-risk operations whereby no prior authorization is required. Depending on the subcategory it can be as simple as ‘Buy and Fly’.
This category caters to all recreational drone users as well as to some commercial drone activities. The Open Category is subdivided into three subcategories that stipulate the use of a specific type of drone, whether the drone is to be registered, needs electronic ID, and pilot requirements. The table below shows a simplified version of the subcategories.
Subcategory | Description | Drone Class | MTOM | Pilot Skills | Tech. Requirements | Electronic Id | Operator Registration |
---|---|---|---|---|---|---|---|
A1 Over people | Uninvolved people but not crowds | C0 | < 250 g | None | < 19 m/s, Max Height | No | No |
C1 | < 900 g | Online training, Online tests | < 19 m/s, Max Height, Fail Safe | No | Yes | ||
A2 Close to people | At a safe distance from uninvolved people | C2 | < 4 kg | Online training, Online tests, Theoretical Test | Max Height, Fail Safe | Yes/SN | Yes |
A3 Far from people | Safe distance from urban areas | C3 | < 25 kg | Online training, Online tests | Max height, Fail Safe | Yes/SN | Yes |
C4 | No Automatic Flight | If required | Yes |
So, for example, if a drone operator wants to fly over uninvolved people this will mean that he can operate in the Open Category, but only with a drone that weighs less than 900 g. If drone operator wants to fly over people with a DJI Matrice 600 (MTOM > 7kg) then this operation would automatically fall into the Specific Category.
C0 | C1 | C2 | C3 | C4 |
---|---|---|---|---|
Toy | DJI Spark/Mavic | DJI Phantom/Inspire | DJI M210/M600 | Model Aircraft |
< 250 g | < 900 g | < 4 kg | < 25 kg | |
Max speed 19 m/s | n/a | Low Speed max 3 m/s | n/a | Not autonomus |
n/a | Unique SN required | n/a | ||
Deviation possible | Fire proof marking of registration | Deviation possible | ||
n/a | E-identification and Geo-awareness (geofencing) required) | In specific areas | ||
n/a | Data link protection required | n/a | ||
n/a | Lighting required | n/a | ||
n/a | Registration required (national responsibility) | n/a | ||
Manufacturer to supply safety leaflet and product information |
Market Product Legislation (better known as CE markings) will be required for all drones operating in the open category and will demonstrate compliance with the technical specifications. The CE marking and the subcategory must be clearly marked on the drone. A certificate of airworthiness is not a requirement for the open category.
However, this CE marking is not mandatory until at least July 2022, and even then, there will most likely be a transition phase whereby drones produced before will not yet have to be CE certified.
The exact details of the pilot training, who should examine them, or how to register a drone, are all unclear at present. The following (operational) issues are already clear:
The ‘specific’ category is for all operations that do not comply with the limits of the ‘open’ category. In this category, a risk assessment must be carried out for each and every operation, and mitigation measures must be identified and adopted. The outcome of the risk assessment must be authorized by the CAA of the member state.
To assess risks a standard methodology has been devised by JARUS (Joint Authority for Rulemaking on Unmanned Systems). JARUS is a group of experts from National Civil Aviation Authorities worldwide that make recommendations on technical, operational, and safety requirements for the safe integration of drones into the manned airspace. This methodology is called the SORA (Specific Operation Risk Assessment).
The SORA methodology divides the risk of a drone operation into two distinct classes:
For any operation that is not covered by a standard scenario, the operator must conduct the full (SORA) risk assessment and obtain permission from the CAA to go ahead with the operation.
Besides conducting the SORA risk assessment, or using a standard scenario, there is a third way in how an operator can qualify for an operation in the specific category. This is through the process of obtaining the Light UAS Operator Certificate (LUC). A LUC qualified operator is allowed to assess the risks themselves and implement their own mitigation measures. Obtaining the LUC will not be an easy matter and cannot be compared to any existing permit in Europe.
All EU member states are sovereign, independent countries but they have pooled their sovereignty on some matters to obtain benefits of size. At the heart of the EU decision making process are the EU institutions such as the Parliament(voted directly by all citizens), the EU Commission (EU government with one member per Member State), and the European Council (heads of state of each country). Generally, the European Commission proposes new laws, and the Parliament and the Council adopt these new laws. This means that both Parliament and the Council must agree independently to these new laws, after which the Member States and implements them. In practice, this means that if neither the Council nor Parliament object within a two-month time frame, the new EU regulations on drone operations will be published in 2019.
Legal Acts of the EU are laws that are adopted by the institutions of the EU and come in various forms. A regulation is a law that is binding for all Member States. A directive is a law that binds the Member States to achieve a particular objective. A recommendation or opinion has no binding force.
The new drone regulations are found in the Implementing and Delegated Act. This is a European invention to simplify the system of rulemaking by separating the ‘legislative’ (Delegated Acts) from its executive aspects (Implementing Acts).
In dummy terms, the implementing act is more political and describes the regulation on broader terms and on the ‘how’. The delegated act comes closer to real rulemaking and describes the ‘what’ of the regulation as laid out in the implementing act. The regulations in the delegated act come directly from the European Commission.
<caption>EU acceptation for UAV rules timeline</caption>
The drone operator is responsible to take extreme caution due to air traffic safety and public order.
In case if the weight of the UAV doesn't exceed the weight of 600g operator must maintain a safe distance from cities, settlements, or the concentration of people in the open air. This distance isn’t defined in meters. The operator decides what distance is safe for equipment that is in use to fly.
If the UAV exceeds 600g the drone operator must follow the rules:
Regardless of the weight of the drone or UAV model, the operator should also follow rules: Operator or assisting person should constantly keep eye contact with the drone or model, so that it can easily determine its flight and, if necessary, avoid collision with other airspace objects or obstacles. The operator may temporarily lose eye contact with the drone or model when checking flight parameters transmitted by equipment being a drone or flying model equipment;
If the UAV is equipped with a camera (FPV) and there is nobody who can observe the drone or model in the flight, it is restricted not to fly:
In the Polish airspace are such places where UAV can’t fly for safety reasons or operator must obtain a special clearance for a flight in a given zone. To easily check where UAV can fly or not, the Polish Air Navigation Services Agency (PANSA) website is an available application to download which shows these zones which are restricted. Some regulations where UAV are restricted to fly are listed below:
If the drone is flying for purposes other than recreation or sport (e.g. use for the business using the unmanned aerial vehicle UAV), the drone operator must operate as a UAV operator.
General conditions and rules of flights The drone operator must obtain a “certificate of qualification of unmanned aerial vehicle operator (UAVO)” used for purposes other than recreation or sport with a rating to perform VLOS operations (it also entitled to limited FPV flights). This document is issued by the President of the Civil Aviation Authority (CAA). UAV operators will receive it after completing a special training course and passing the necessary exams. If the operator is under 18 then he will need the consent of his legal guardians to obtain a certificate of qualification. He will need also to fly under the supervision of an adult. One of the conditions is also having appropriate third-party liability insurance.
Aero-medical examination If the UAV is heavier than 5 kg, the drone operator must also need to obtain the appropriate aero-medical examinations.
Responsibility First of all, when flying, the operator is responsible for exercising extreme caution due to air traffic safety and peace, and public order. The flying equipment must be technically efficient. The operator is responsible for the safe and lawful use of unmanned aircraft.
In VLOS operations:
In FPV operations:
In VLOS and FPV operations:
In addition to the requirements concerning flight rules and operators' ratings, regulations also specify obligations of entities operating UAVs:
If the drone operator is flying an unmanned aerial vehicle (UAV) for purposes other than recreation or sport (e.g. you run a business using UAV or use it as part of its job) and plan to use it in BVLOS operations, he must follow rules as a UAV operator.
Types of flights that can be carried out BVLOS flights, which can be performed as part of the clearance obtained in compliance with applicable regulations are divided into several categories, which differ in terms of the scope of requirements that must be fulfilled to be carried out. These are operational, specialized, automatic, and training flights:
Clearance to perform operations It should be remembered that operational, specialized, automatic, and training flights can be performed only by authorized entities that received clearance from the President of the Civil Aviation Authority. Clearance may be granted only after meeting the requirements by the requesting entity and by the unmanned aircraft that will be used as part of the clearance.
Obtaining clearance for operational, specialized, automatic, and training lights - requirements related to unmanned aerial vehicles.
The issuance of clearance referred to above is dependent on the appropriate UAV equipment, which is as follows:
Requirements related to the entity performing flights Each entity performing operational, specialized, training, and automatic flights are obliged to have and use an operational manual that is constantly updated, takes into account preventive recommendations of the * President of the Civil Aviation Authority, and is made in Polish or English. The manual must contain the following elements:
In addition, every operator performing flights is required to wear a warning vest while performing air operations. If the operator is not in an open area, it should be clearly indicated where he is located.
Obtaining clearance Clearance for operational, specialized, training, and automatic flights is obtained at the request of the entity that intends to perform such flights.
Clearance is issued after the President of the Civil Aviation Authority verified that the entity meets the requirements concerning operations manual, personnel qualifications, insurance, and UAV equipment required by the regulations. Clearance is issued for a period of 12 months.
The President of the Civil Aviation Authority notifies PANSA about entities that have obtained clearance to perform operational, specialized, automatic and training flights. Information is provided within two working days from the date the clearance is issued by the President of the Civil Aviation Authority.
Flight conditions The basic condition that must be met to perform the operations described above is the notification of the willingness to perform a flight to PANSA and publication by the Agency, information on UAV planned and implemented flights. Without fulfillment of these conditions, the flight cannot take place.
The entity wishing to perform a flight informs PANSA about its intention to perform the flight at least 7 days before the date of the flight. Then PANSA publishes information about:
Both the entity submitting to PANSA the desire to perform the flight and the Agency itself will use communication and information system or electronic communication means (e-mail, website, or special application), as indicated by PANSA, to communicate between themselves and to publish flight information.
PANSA will issue flight conditions and publish information on their implementation only in the case of entities that have previously received clearance of the President of the Civil Aviation Authority to perform BVLOS operations.
Flight performance Once the flight information has been published, the operations must be carried out under the following conditions and rules:
In case of the failure event All technical devices may fail. However, such a situation in the case of UAV may carry a high risk, so in the event of UAV loss of control or UAV loss, the operator must immediately:
According to the new regulations approved by the Cabinet of Ministers, drones can be piloted by persons from the age of 16, while flights in heightened risk circumstances can be piloted from the age of 18. Those wishing to fly unmanned aircraft in heightened risk circumstances will also have to obtain a permit from the Civil Aviation Agency. In order to obtain such a permit, the candidate will have to pass a theoretical and practical exam, as well as a flight risk assessment. The theory exam and practical flight tests can be completed free of charge. When the permit is received from the Civil Aviation Agency, it will be possible for persons to fly drones near public events. At the same time, regulations for flying drones near or above infrastructure objects will be made easier. Furthermore, informative signs will be put up in areas where unmanned flights are prohibited. The new rules will also regulate the observations of safe distances, while at the same differentiating the weight of the unmanned aircraft and its speed. The regulations are supplemented by minimum liability limits for civil liability insurance. It will henceforth be extended to unmanned aircraft with a total take-off mass of over 250 grams for high-risk flights. On the other hand, unmanned aircraft with a take-off mass above 1.5 kg will require third-party liability insurance regardless of the risk of flight. The regulations impose stricter requirements for the operation of unmanned aircraft near airports, airfields, or elsewhere that impose restrictions on the use of airspace. The Cabinet of Ministers regulations will come into force in the 2019 year after their approval, except for the provisions relating to insurance conditions, the installation of warning signs, and flight model flights. The state-owned air traffic controller Latvijas Gaisa Satiksme will also draw up aeronautical information for unmanned aircraft, and there will be a transition period until January 2, 2020. The aim of the new regulations is to contribute to the safety and security of unmanned aircraft operations, building on the practice of applying the existing regulatory framework, while taking into account aspects of the common regulatory framework already adopted at the European Union (EU) level.
According to the new European regulations, which are to enter into force in Poland at the end of the year, there will be no obligation to register every drone. However, there will be an obligation to register an unmanned vessel operator. Registration can be made on the website of the Civil Aviation Authority.
On December 31, EU regulations and procedures for the operation of unmanned aerial vehicles (UAV) are to enter into force. The European Aviation Safety Agency has decided to unify the rules and procedures for drones in all European Union Member States. The Civil Aviation Authority has developed solutions to improve security and open borders for the unmanned industry in the EU. Therefore, as of 1 January 2021, the national regulations and procedures of the EU Member States dedicated to civilian drone users will no longer apply. One of the biggest changes will be the lack of distinction between sports or recreational flights and non-sports and recreational flights. The current commercial use of drones - possible only for holders of the UAVO operator qualification certificate - will in most cases become generally available. On the other hand, users who fly purely for fun will be faced with additional obligations that did not apply to them until now. A classification of the flights performed will appear, divided into categories: open, special and certified. The division was made based on the risk level of the air operations performed. In the open category, drones weighing less than 25 kg will be able to fly only within sight and up to a height of 120 m. In the special category, consent or declaration is required at the Civil Aviation Authority, and flight conditions are determined based on a risk analysis. Local airspace restrictions may also apply in cities, so it is worth checking them through the website of the Polish Air Navigation Services Agency or a dedicated application. In the open category, any person who wants to fly a drone weighing more than 250g will have to undergo simple online training and pass an online test confirming the acquisition of the required theoretical knowledge. An online mandatory registration system will also be created for all users of drones weighing over 250g.