This shows you the differences between two versions of the page.
Both sides previous revisionPrevious revisionNext revision | Previous revision | ||
en:drones:regulations [2020/01/22 12:42] – oleg | en:drones:regulations [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
---|---|---|---|
Line 1: | Line 1: | ||
===== Regulations on UAV Operations ===== | ===== Regulations on UAV Operations ===== | ||
- | == Overview of the EU UAV Regulations == | + | ==== Overview of the EU UAV Regulations |
- | 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 rapid changing drone market. | + | 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 |
- | The new regulations divide the operations | + | The new regulations divide the operations |
- | 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). | + | 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). | + | 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, | 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, | ||
- | 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 standardise | + | 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 responsibility for the operation of civil drones in European airspace below 150 kg MTOM (**M**aximum **T**ake **O**ff **M**ass) was transferred from the National aviation authorities to the European Commission on the 7thof December 2018. | The responsibility for the operation of civil drones in European airspace below 150 kg MTOM (**M**aximum **T**ake **O**ff **M**ass) 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. | + | 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** (**E**uropean Union **A**viation **S**afety **A**gency) 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. | **EASA** (**E**uropean Union **A**viation **S**afety **A**gency) 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. | ||
Line 23: | Line 23: | ||
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 **Implementing Act** consists of two documents, the **Commission Implementing Regulations** and the **Annex** to the regulations. These set out amongst others the following: | ||
- Different (sub)categories of UAV operations, | - Different (sub)categories of UAV operations, | ||
- | - Rules, procedures, competency and the minimum age for pilots, | + | - Rules, procedures, competency, and the minimum age for pilots, |
- Airworthiness requirements for the UAV, | - Airworthiness requirements for the UAV, | ||
- Cross border operations, | - Cross border operations, | ||
Line 32: | Line 32: | ||
- CE and operator markings on a UAV, | - CE and operator markings on a UAV, | ||
- Technical requirements per UAV category, | - Technical requirements per UAV category, | ||
- | - Obligations of manufacturers, | + | - Obligations of manufacturers, |
- Requirements on non-EU country operators, | - Requirements on non-EU country operators, | ||
- Remote identification, | - Remote identification, | ||
Line 38: | Line 38: | ||
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/ | 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/ | ||
- | == The EU Regulations == | + | ==== The EU Regulations |
- | 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. | + | 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. | + | 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. | 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. | ||
Line 47: | Line 47: | ||
Other main principles in the new regulations are: | Other main principles in the new regulations are: | ||
- Rules are made at European Level, | - Rules are made at European Level, | ||
- | - Implementation is done at national level, | + | - Implementation is done at the national level, |
- No differentiation between commercial or recreational use, | - No differentiation between commercial or recreational use, | ||
- Regulations are a mix of product specifications and aviation regulations, | - Regulations are a mix of product specifications and aviation regulations, | ||
Line 54: | Line 54: | ||
- Operators can be natural persons as well as legal entities, | - Operators can be natural persons as well as legal entities, | ||
- | The product specifications for drones have been introduced since technical developments of drones have progressed | + | The product specifications for drones have been introduced since technical developments of drones have progressed |
Under the new regulations, | Under the new regulations, | ||
- | - In the **open category**, operations can take place that is considered low risk and does not require prior authorisation. | + | - In the **open category**, operations can take place that is considered low risk and does not require prior authorization. |
- | - In the **specific category**, operations take place that considering the risks require | + | - In the **specific category**, operations take place that considering the risks require |
- | - In the **certified category** operations take place that considering the risks require a certified drone, a licensed pilot and an organisation | + | - In the **certified category** operations take place that considering the risks require a certified drone, a licensed pilot, and an organization |
The current proposed regulations do not cover the certified category. | The current proposed regulations do not cover the certified category. | ||
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 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). | + | 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. | 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. | ||
- | == OPEN CATEGORY == | + | ==== OPEN CATEGORY |
- | The Open Category is meant for low-risk operations whereby no prior authorisation | + | The Open Category is meant for low-risk operations whereby no prior authorization |
- | This category caters | + | This category caters |
< | < | ||
< | < | ||
Line 99: | Line 99: | ||
**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. | **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. | + | 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 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 previous distinction between recreational and professional use of drones is removed. | - The previous distinction between recreational and professional use of drones is removed. | ||
- The maximum height limit is set at 120 m. | - The maximum height limit is set at 120 m. | ||
- | - The safe distance from people is a minimum of 5 metres | + | - The safe distance from people is a minimum of 5 meters |
- Minimum age is 16 | - Minimum age is 16 | ||
- | == SPECIFIC CATEGORY == | + | ==== SPECIFIC CATEGORY |
- | 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 authorised | + | 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 |
- | To assess risks a standard methodology has been devised by **JARUS** (**J**oint **A**uthority for **R**ulemaking 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** (**S**pecific **O**peration **R**isk **A**ssessment). | + | To assess risks a standard methodology has been devised by **JARUS** (**J**oint **A**uthority for **R**ulemaking 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** (**S**pecific **O**peration **R**isk **A**ssessment). |
The **SORA** methodology divides the risk of a drone operation into two distinct classes: | The **SORA** methodology divides the risk of a drone operation into two distinct classes: | ||
- **Air Risk**: the risk of a collision between the drone and another airspace user. | - **Air Risk**: the risk of a collision between the drone and another airspace user. | ||
- | - **Ground Risk**: the risk of collision of the drone with people, animals or objects on the ground. | + | - **Ground Risk**: the risk of collision of the drone with people, animals, or objects on the ground. |
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. | 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. | ||
Line 120: | Line 120: | ||
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. | 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. | ||
- | == European Institutions and Rule Making == | + | ==== European Institutions and Rule Making |
- | 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 | + | 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 |
- | **Legal Acts** of the EU are laws which are adopted by the institutions of the EU and come in various forms. | + | **Legal Acts** of the EU are laws that are adopted by the institutions of the EU and come in various forms. |
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). | 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). | ||
Line 131: | Line 131: | ||
{{ : | {{ : | ||
- | ====== Polish Civil Aviation Authority Drones Regulations | + | ===== Polish Civil Aviation Authority Drones Regulations ===== |
- | == Recreational or Sport Drones flights == | + | ==== Recreational or Sport Drones flights |
- Drone operator which wants to fly drones for fun or sports competitions can use it: | - Drone operator which wants to fly drones for fun or sports competitions can use it: | ||
- without a UAVO certificate of qualification, | - without a UAVO certificate of qualification, | ||
Line 139: | Line 139: | ||
- without aero-medical examinations, | - without aero-medical examinations, | ||
- | The drone operator is responsible to take extreme caution due to the air traffic safety and public order. | + | The drone operator is responsible to take extreme caution due to air traffic safety and public order. |
- | == General rules for recreational drone flights == | + | ==== General rules for recreational drone flights |
- | In case if the weight of the UAV doesn' | + | In case if the weight of the UAV doesn' |
If the **UAV exceeds 600g** the drone operator must follow the rules: | If the **UAV exceeds 600g** the drone operator must follow the rules: | ||
- | - maintain a horizontal distance of not less than 100 m from the buildings of towns, cities, settlements or gatherings of people in the open air (operator can fly in the city if he finds enough space); | + | - maintain a horizontal distance of not less than 100 m from the buildings of towns, cities, settlements, or gatherings of people in the open air (operator can fly in the city if he finds enough space); |
- | - maintain a horizontal distance of not less than 30 m from people, vehicles or constructions l (UAV should not fly directly over people). | + | - maintain a horizontal distance of not less than 30 m from people, vehicles, or constructions l (UAV should not fly directly over people). |
Regardless of the weight of the drone or UAV model, the operator should also follow rules: | Regardless of the weight of the drone or UAV model, the operator should also follow rules: | ||
Line 156: | Line 156: | ||
- at a distance of fewer than 100 m from the building or from gatherings of people in the open air. | - at a distance of fewer than 100 m from the building or from gatherings of people in the open air. | ||
- | 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, | + | 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: |
- | - Airports, firing ranges and military units, | + | - Airports, firing ranges, and military units, |
- Prohibited Area (P) – the UAV flights are permitted only with the clearance provided by the prohibited area operator and under conditions defined by the operator, | - Prohibited Area (P) – the UAV flights are permitted only with the clearance provided by the prohibited area operator and under conditions defined by the operator, | ||
- Control Zone (CTR) and Aerodrome Traffic Zone (ATZ) – UAV flights only under conditions specified by the air traffic service provider or with the clearance of CTR or ATZ operator and under conditions defined by the operator. The operator doesn’t need clearance in cases: | - Control Zone (CTR) and Aerodrome Traffic Zone (ATZ) – UAV flights only under conditions specified by the air traffic service provider or with the clearance of CTR or ATZ operator and under conditions defined by the operator. The operator doesn’t need clearance in cases: | ||
Line 165: | Line 165: | ||
- Military Control Area (MCTR) – UAV can only fly with the clearance of the MCTR operator and under conditions defined by the operator; | - Military Control Area (MCTR) – UAV can only fly with the clearance of the MCTR operator and under conditions defined by the operator; | ||
- Military Aerodrome Traffic Zone(MATZ) – UAV can only fly with the clearance of the MATZ operator and under conditions defined by the operator; | - Military Aerodrome Traffic Zone(MATZ) – UAV can only fly with the clearance of the MATZ operator and under conditions defined by the operator; | ||
- | - Restricted Area (R) – in case of drones and flying models, this is the area covering the airspace located directly over the national park where drones can fly with the clearance of the operator of the given national park and under conditions defined by the operator; | + | - Restricted Area (R) – in the case of drones and flying models, this is the area covering the airspace located directly over the national park where drones can fly with the clearance of the operator of the given national park and under conditions defined by the operator; |
- | - Air Defense Identification Zone (ADIZ) – this zone is located along the entire eastern border of Poland. In this zone, drones can fly after notifying their location and time of flight to air traffic service (ATS) unit responsible for the airspace in which the flight is to be performed, or to AMC Polska (Airspace Management Cell of the Polish Air Navigation Services Agency). | + | - Air Defense Identification Zone (ADIZ) – this zone is located along the entire eastern border of Poland. In this zone, drones can fly after notifying their location and time of flight to the air traffic service (ATS) unit responsible for the airspace in which the flight is to be performed, or to AMC Polska (Airspace Management Cell of the Polish Air Navigation Services Agency). |
- | == Flights other than recreational or sports flights with visual line of sight (VLOS) == | + | ==== Flights other than recreational or sports flights with visual line of sight (VLOS) |
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. | 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** | **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 operator | + | 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 |
**Aero-medical examination** | **Aero-medical examination** | ||
Line 178: | Line 178: | ||
**Responsibility** | **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 an unmanned aircraft. | + | 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. |
- | == Rules of VLOS and FPV flight == | + | ==== Rules of VLOS and FPV flight |
In **VLOS** operations: | In **VLOS** operations: | ||
- | * The operator must maintain a safe distance from aircraft, buildings, gatherings of persons in the open air as well as from persons, vehicles and constructions | + | * The operator must maintain a safe distance from aircraft, buildings, gatherings of persons in the open air as well as from persons, vehicles, and constructions |
- | * Operator or at least one observer should keep eye contact (with the unaided eye) with UAV in order to determine its location in the airspace and ensure a safe distance from other aircraft, obstacles, people or animals. In VLOS operations operator may temporarily lose eye contact with UAV when checking flight parameters transmitted by equipment being a UAV ground equipment; | + | * Operator or at least one observer should keep eye contact (with the unaided eye) with UAV in order to determine its location in the airspace and ensure a safe distance from other aircraft, obstacles, people, or animals. In VLOS operations operator may temporarily lose eye contact with UAV when checking flight parameters transmitted by equipment being a UAV ground equipment; |
In **FPV** operations: | In **FPV** operations: | ||
Line 189: | Line 189: | ||
* up to a height of not more than 50 m above the ground level; | * up to a height of not more than 50 m above the ground level; | ||
* at a horizontal distance of not more than 200 m from the operator; | * at a horizontal distance of not more than 200 m from the operator; | ||
- | * at a horizontal distance of not less than 100 m from the buildings of towns, cities, settlements or gatherings of people in the open air; | + | * at a horizontal distance of not less than 100 m from the buildings of towns, cities, settlements, or gatherings of people in the open air; |
In **VLOS** and **FPV** operations: | In **VLOS** and **FPV** operations: | ||
* providing full flight control, in particular by remote control using radio waves, | * providing full flight control, in particular by remote control using radio waves, | ||
- | * taking into account the meteorological conditions, structure and classification of airspace as well as information on air traffic limitations, | + | * taking into account the meteorological conditions, structure, and classification of airspace as well as information on air traffic limitations, |
* in CTR: under conditions specified by the air traffic service provider, | * in CTR: under conditions specified by the air traffic service provider, | ||
* in ATZ: with the clearance of the ATZ operator and under conditions specified by the operator, | * in ATZ: with the clearance of the ATZ operator and under conditions specified by the operator, | ||
* in Danger Area, MCTR or MATZ: only as cleared and needed by the area/zone operator and under conditions specified by the operator, | * in Danger Area, MCTR or MATZ: only as cleared and needed by the area/zone operator and under conditions specified by the operator, | ||
* in Restricted Area covering the airspace located directly over the area of the national park the drone can fly with the clearance of the operator of the given national park and under conditions defined by the operator, | * in Restricted Area covering the airspace located directly over the area of the national park the drone can fly with the clearance of the operator of the given national park and under conditions defined by the operator, | ||
- | * in EP R40 Słupsk: only the aircraft referred to in Article VII para. 3 of the Implementing Agreement between the Government of the Republic of Poland and the Government of the United States of America to the Agreement between the Government of the Republic of Poland and the Government of the United States of America concerning the deployment of ballistic missile defense system in the territory of the Republic of Poland regarding use of land areas and airspace surrounding the ballistic missile defense system base, signed in Warsaw on 27 April 2015 (Journal of Laws of 2016, item 234), upon approval referred to in this provision, | + | * in EP R40 Słupsk: only the aircraft referred to in Article VII para. 3 of the Implementing Agreement between the Government of the Republic of Poland and the Government of the United States of America to the Agreement between the Government of the Republic of Poland and the Government of the United States of America concerning the deployment of the ballistic missile defense system in the territory of the Republic of Poland regarding use of land areas and airspace surrounding the ballistic missile defense system base, signed in Warsaw on 27 April 2015 (Journal of Laws of 2016, item 234), upon approval referred to in this provision, |
* in Prohibited Area: only as cleared and needed by the area operator and under conditions specified by the operator, | * in Prohibited Area: only as cleared and needed by the area operator and under conditions specified by the operator, | ||
* in ADIZ: after notifying drone location and time of flight to air traffic service (ATS) unit responsible for the airspace in which the flight is to be performed, or to AMC Polska (Airspace Management Cell of the Polish Air Navigation Services Agency), | * in ADIZ: after notifying drone location and time of flight to air traffic service (ATS) unit responsible for the airspace in which the flight is to be performed, or to AMC Polska (Airspace Management Cell of the Polish Air Navigation Services Agency), | ||
Line 205: | Line 205: | ||
* closed areas, | * closed areas, | ||
* nuclear facilities, | * nuclear facilities, | ||
- | * areas, facilities and devices referred to in Article 5 para. 2, point 1, letter a and b, point 2. letter a and b and point 3, letter a and b of the Act of 22 August 1997 on the protection of people and property (Journal of Laws of 2018, item 2142), | + | * areas, facilities, and devices referred to in Article 5 para. 2, point 1, letter a and b, point 2. letter a and b and point 3, letter a and b of the Act of 22 August 1997 on the protection of people and property (Journal of Laws of 2018, item 2142), |
* military units and firing ranges, | * military units and firing ranges, | ||
- | * can be performed only as cleared and needed by the area/ | + | * Can be performed only as cleared and needed by the area/ |
- | * flights over fuel pipelines, power lines and telecommunications lines, water dams and locks and other devices located in an open area, the destruction or damage of which may endanger human life or health, the environment or cause serious material damage, is carried out with extreme caution; | + | * flights over fuel pipelines, power lines and telecommunications lines, water dams and locks, and other devices located in an open area, the destruction or damage of which may endanger human life or health, the environment, or cause serious material damage, is carried out with extreme caution; |
- | * operations in CTR, ATZ, ADIZ and Prohibited areas may be performed by UAVs with a mass not exceeding 600 g in VLOS conditions without issuing clearances by the operator under conditions specified above, when flying at a distance of more than 1 km from the airport boundary or 500 m from the site protected by the Prohibited area and up to 30 m or up to the highest obstacle, including trees or building structures, within a radius of up to 100 m from the operator; | + | * operations in CTR, ATZ, ADIZ, and Prohibited areas may be performed by UAVs with a mass not exceeding 600 g in VLOS conditions without issuing clearances by the operator under conditions specified above, when flying at a distance of more than 1 km from the airport boundary or 500 m from the site protected by the Prohibited area and up to 30 m or up to the highest obstacle, including trees or building structures, within a radius of up to 100 m from the operator; |
* operations in CTR and ATZ may be performed by UAVs with a mass not exceeding 25 kg in VLOS conditions without issuing clearances by the operator under conditions specified above when flying at a distance of more than 6 km from the airport boundary and up to 100 m above the level area. | * operations in CTR and ATZ may be performed by UAVs with a mass not exceeding 25 kg in VLOS conditions without issuing clearances by the operator under conditions specified above when flying at a distance of more than 6 km from the airport boundary and up to 100 m above the level area. | ||
- | == UAV operation rules == | + | ==== UAV operation rules ==== |
In addition to the requirements concerning flight rules and operators' | In addition to the requirements concerning flight rules and operators' | ||
- the entity operating a UAV is obliged to: | - the entity operating a UAV is obliged to: | ||
Line 233: | Line 233: | ||
* takes into account preventive recommendations of the President of the Civil Aviation Office issued on the basis of Article 21 para. 2, point 15, letter c of the Aviation Law Act. | * takes into account preventive recommendations of the President of the Civil Aviation Office issued on the basis of Article 21 para. 2, point 15, letter c of the Aviation Law Act. | ||
- | == Flights other than recreational or sports flights beyond visual line of sight (BVLOS) == | + | ==== Flights other than recreational or sports flights beyond visual line of sight (BVLOS) |
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. | 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** | **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, | + | 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, |
- operational flights are carried out as part of or for the purposes of activities: | - operational flights are carried out as part of or for the purposes of activities: | ||
* of state aviation (armed forces, police, border guard, state fire-fighting service), | * of state aviation (armed forces, police, border guard, state fire-fighting service), | ||
Line 247: | Line 247: | ||
* related to the recognition of safety hazards and environmental protection, | * related to the recognition of safety hazards and environmental protection, | ||
- specialized flights are carried out as part of or for the purposes of: | - specialized flights are carried out as part of or for the purposes of: | ||
- | * supervision, | + | * supervision, |
* geodetic activities related to agriculture or forestry, | * geodetic activities related to agriculture or forestry, | ||
* research, test, trial or demonstration flights, | * research, test, trial or demonstration flights, | ||
- automatic flights are carried out as part of or for the purposes of: | - automatic flights are carried out as part of or for the purposes of: | ||
- | * supervision, | + | * supervision, |
* agro-aerial activities, | * agro-aerial activities, | ||
* medical supplies, | * medical supplies, | ||
Line 258: | Line 258: | ||
**Clearance to perform operations** | **Clearance to perform operations** | ||
- | It should be remembered that operational, | + | It should be remembered that operational, |
- | **Obtaining clearance for operational, | + | **Obtaining clearance for operational, |
The issuance of clearance referred to above is dependent on the appropriate UAV equipment, which is as follows: | The issuance of clearance referred to above is dependent on the appropriate UAV equipment, which is as follows: | ||
- | - in case of a UAV is an aeroplane, it shall be equipped with: | + | - in case of a UAV is an airplane, it shall be equipped with: |
* green continuous light, placed on the right-wing, visible above and below the horizontal plane of the wing; | * green continuous light, placed on the right-wing, visible above and below the horizontal plane of the wing; | ||
* red continuous light, located on the left-wing, visible above and below the horizontal plane of the wing; | * red continuous light, located on the left-wing, visible above and below the horizontal plane of the wing; | ||
* white flashing light placed on the top of a vertical stabilizer or, in the absence thereof, on the upper surface of the hull in a manner ensuring an omnidirectional light distribution; | * white flashing light placed on the top of a vertical stabilizer or, in the absence thereof, on the upper surface of the hull in a manner ensuring an omnidirectional light distribution; | ||
- | - in case of an unmanned aerial vehicle being a multirotor, helicopter or aerostat, it shall be equipped with white flashing light, placed on the upper surface of the hull in a manner ensuring an omnidirectional light distribution; | + | - in case of an unmanned aerial vehicle being a multirotor, helicopter, or aerostat, it shall be equipped with white flashing light, placed on the upper surface of the hull in a manner ensuring an omnidirectional light distribution; |
- each UAV used in BVLOS operations should be equipped with devices or systems mounted on board or being its ground equipment, to enable: | - each UAV used in BVLOS operations should be equipped with devices or systems mounted on board or being its ground equipment, to enable: | ||
* preservation of assumed flight parameters; | * preservation of assumed flight parameters; | ||
* ongoing monitoring of flight parameters, including the definition of the flight path, flight speed, flight altitude using a barometric altimeter, the degree of battery charging or the degree of fuel consumption, | * ongoing monitoring of flight parameters, including the definition of the flight path, flight speed, flight altitude using a barometric altimeter, the degree of battery charging or the degree of fuel consumption, | ||
- | * basic location – determination of current location, speed, altitude and direction of UAV flight in order to transfer these data to air traffic service provider via CIS system or by telephone as requested by ATS unit; | + | * basic location – determination of current location, speed, altitude, and direction of UAV flight in order to transfer these data to air traffic service provider via CIS system or by telephone as requested by ATS unit; |
* emergency location – the operator' | * emergency location – the operator' | ||
* automatic execution of an emergency procedure, including flight termination by emergency landing, or continuing a flight on a pre-programmed route, or on arrival to a pre-programmed location; | * automatic execution of an emergency procedure, including flight termination by emergency landing, or continuing a flight on a pre-programmed route, or on arrival to a pre-programmed location; | ||
Line 278: | Line 278: | ||
**Requirements related to the entity performing flights** | **Requirements related to the entity performing flights** | ||
- | Each entity performing operational, | + | Each entity performing operational, |
- | * name and address of the registered office of the entity providing aerial services, its telephone number, e-mail address, tax identification number (NIP) or number in another register in which the entity was registered; | + | * name and address of the registered office of the entity providing aerial services, its telephone number, e-mail address, tax identification number (NIP), or number in another register in which the entity was registered; |
* a list of unmanned aerial vehicles used, including their identification marks; | * a list of unmanned aerial vehicles used, including their identification marks; | ||
- | * first and last name, number of the certificate of qualification and validity date of liability insurance of the operator performing or supervising the flight; | + | * first and last name, number of the certificate of qualification, and validity date of liability insurance of the operator performing or supervising the flight; |
* assessment and information on the method of limiting the risk of flight operations; | * assessment and information on the method of limiting the risk of flight operations; | ||
* the general list of control activities carried out before takeoff and after landing; | * the general list of control activities carried out before takeoff and after landing; | ||
Line 288: | Line 288: | ||
* procedure for providing inspections of UAV technical condition. | * procedure for providing inspections of UAV technical condition. | ||
- | In addition, every operator performing flights | + | In addition, every operator performing flights |
**Obtaining clearance** | **Obtaining clearance** | ||
- | Clearance for operational, | + | Clearance for operational, |
- | Clearance is issued after the President of the Civil Aviation Authority verified that the entity meets the requirements concerning operations manual, personnel qualifications, | + | Clearance is issued after the President of the Civil Aviation Authority verified that the entity meets the requirements concerning operations manual, personnel qualifications, |
The President of the Civil Aviation Authority notifies PANSA about entities that have obtained clearance to perform operational, | The President of the Civil Aviation Authority notifies PANSA about entities that have obtained clearance to perform operational, | ||
**Flight conditions** | **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 | + | 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 |
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: | 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: | ||
- UAV planned flights: | - UAV planned flights: | ||
- | * at least 2 days before the flight date – in case of operational, | + | * at least 2 days before the flight date – in case of operational, |
* on the day of flights – in case of operational flights, if it was not possible to plan the flight earlier; | * on the day of flights – in case of operational flights, if it was not possible to plan the flight earlier; | ||
- UAV performed flights providing: | - UAV performed flights providing: | ||
Line 310: | Line 310: | ||
* UAV identification mark. | * UAV identification mark. | ||
- | 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), | + | 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), |
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. | 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. | ||
Line 322: | Line 322: | ||
- automatic flights, | - automatic flights, | ||
* up to 50 m above ground level or up to 50 m above the highest obstacle within a radius of 100 m from the place of flight, | * up to 50 m above ground level or up to 50 m above the highest obstacle within a radius of 100 m from the place of flight, | ||
- | * at a horizontal distance of fewer than 100 m from buildings of towns, cities or settlements under permission and conditions specified by town/city authorities, | + | * at a horizontal distance of fewer than 100 m from buildings of towns, cities, or settlements under permission and conditions specified by town/city authorities, |
* at a speed of not more than 150 km/h, | * at a speed of not more than 150 km/h, | ||
- | - training flights at a horizontal distance of at least 150 m from housing estates and other population | + | - training flights at a horizontal distance of at least 150 m from housing estates and other population |
- ensuring full flight control, | - ensuring full flight control, | ||
- | - at a safe distance from other aircraft, obstacles, persons or animals, taking into account the meteorological conditions and information on air traffic restrictions, | + | - at a safe distance from other aircraft, obstacles, persons, or animals, taking into account the meteorological conditions and information on air traffic restrictions, |
- in CTR: under conditions specified by PANSA, | - in CTR: under conditions specified by PANSA, | ||
- in ATZ: under clearance and conditions specified by ATZ operator, | - in ATZ: under clearance and conditions specified by ATZ operator, | ||
Line 332: | Line 332: | ||
- in Prohibited Area: under clearance and conditions specified by the area operator, | - in Prohibited Area: under clearance and conditions specified by the area operator, | ||
- in Restricted Area covering the airspace located directly over the area of the national park, under clearance and conditions specified the operator of a given national park, | - in Restricted Area covering the airspace located directly over the area of the national park, under clearance and conditions specified the operator of a given national park, | ||
- | - in EP R40 Słupsk: only the aircraft referred to in Article VII para 3 of the Implementing Agreement between the Government of the Republic of Poland and the Government of the United States of America to the Agreement between the Government of the Republic of Poland and the Government of the United States of America concerning the deployment of ballistic missile defense system in the territory of the Republic of Poland regarding use of land areas and airspace surrounding the ballistic missile defense system base, signed in Warsaw on 27 April 2015 (Journal of Laws of 2016, item 234), upon approval referred to in this provision, | + | - in EP R40 Słupsk: only the aircraft referred to in Article VII para 3 of the Implementing Agreement between the Government of the Republic of Poland and the Government of the United States of America to the Agreement between the Government of the Republic of Poland and the Government of the United States of America concerning the deployment of the ballistic missile defense system in the territory of the Republic of Poland regarding use of land areas and airspace surrounding the ballistic missile defense system base, signed in Warsaw on 27 April 2015 (Journal of Laws of 2016, item 234), upon approval referred to in this provision, |
- | - in ADIZ: after notifying your location and time of flight to air traffic service (ATS) unit responsible for the airspace in which the flight is to be performed, or to AMC Polska (Airspace Management Cell of the Polish Air Navigation Services Agency), | + | - in ADIZ: after notifying your location and time of flight to the air traffic service (ATS) unit responsible for the airspace in which the flight is to be performed, or to AMC Polska (Airspace Management Cell of the Polish Air Navigation Services Agency), |
- in case of flights within building structures: as cleared by the facility operator and in accordance with agreed safety rules, | - in case of flights within building structures: as cleared by the facility operator and in accordance with agreed safety rules, | ||
- In addition, flights performed over: | - In addition, flights performed over: | ||
* closed areas, | * closed areas, | ||
* nuclear facilities, | * nuclear facilities, | ||
- | * areas, facilities and devices referred to in Article 5 para. 2, point 1 letter a and b, point 2, letter a and b and point 3, letter a and b of the Act of 22 August 1997 on the protection of people and property (Journal of Laws of 2018, item 2142), | + | * areas, facilities, and devices referred to in Article 5 para. 2, point 1 letter a and b, point 2, letter a and b and point 3, letter a and b of the Act of 22 August 1997 on the protection of people and property (Journal of Laws of 2018, item 2142), |
* military units and firing ranges, | * military units and firing ranges, | ||
- can be performed only as cleared and needed by the area/ | - can be performed only as cleared and needed by the area/ | ||
- | - flights over fuel pipelines, power lines and telecommunications lines, water dams and locks and other devices located in an open area, the destruction or damage of which may endanger human life or health, the environment or cause serious material damage, is carried out with extreme caution, | + | - flights over fuel pipelines, power lines, and telecommunications lines, water dams and locks, and other devices located in an open area, the destruction or damage of which may endanger human life or health, the environment or cause serious material damage, is carried out with extreme caution, |
- | - in case of flights related to safety and public order, security and defence | + | - in case of flights related to safety and public order, security and defense |
** In case of the failure event ** | ** In case of the failure event ** | ||
Line 349: | Line 349: | ||
- provide the ATS unit with the following information: | - provide the ATS unit with the following information: | ||
- | ====== Latvian Civil Aviation Authority Drones Regulations | + | ===== Latvian Civil Aviation Authority Drones Regulations ===== |
- | == General Rules == | + | ==== General Rules ==== |
- **Maximum flight altitude**: In Latvia, drones are allowed to fly up to a height of 120 meters. | - **Maximum flight altitude**: In Latvia, drones are allowed to fly up to a height of 120 meters. | ||
- | - **Maximum horizontal distance and FPV**: You should also operate your drone only in visibility | + | - **Maximum horizontal distance and FPV**: You should also operate your drone only invisibility |
- | - **Compulsory insurance**: | + | - **Compulsory insurance**: |
- | - **Maximum take-off weight (MTOW)**: The maximum weight for unmanned | + | - **Maximum take-off weight (MTOW)**: The maximum weight for unmanned |
- | - **Distance to airports**: You have to keep a distance of 10 kilometres | + | - **Distance to airports**: You have to keep a distance of 10 kilometers |
- | - **Other safe distances**: | + | - **Other safe distances**: |
- **Flight bans**: Drone operator is not allowed to fly over the following objects: buildings, bridges, railways, motorways, motorway crossroads, electricity and communications lines, cemeteries, gatherings of people, pilgrimage churches, and military infrastructures. He must maintain a distance of 200 meters. | - **Flight bans**: Drone operator is not allowed to fly over the following objects: buildings, bridges, railways, motorways, motorway crossroads, electricity and communications lines, cemeteries, gatherings of people, pilgrimage churches, and military infrastructures. He must maintain a distance of 200 meters. | ||
- **Regulations for commercial pilots**: As far as today there is no subdivision of private and commercial drone flights in Latvia. | - **Regulations for commercial pilots**: As far as today there is no subdivision of private and commercial drone flights in Latvia. | ||
Line 362: | Line 362: | ||
According to the new regulations approved by the **Cabinet of Ministers**, | According to the new regulations approved by the **Cabinet of Ministers**, | ||
- | 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, | + | 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, |
+ | ===== Last UAV Operations rules changes in Poland 31 Dec 2020 ===== | ||
+ | According to the new European regulations, | ||
+ | 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 // | ||
+ | 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. | ||
+ | * There will be no obligation to register every drone, | ||
+ | * There will be an obligation to register a UAS operating in the **open** and **specific** categories, | ||
+ | * Drone operators will put the registration number on the drones, | ||
+ | * Minors over 14 years of age will be able to register in the **Operators Register**. To do this, the consent of the legal guardian will be required. In the case of a minor up to 14 years of age, drone operations may be performed by him/her on his own, when the drone is a toy and the flights are performed under the direct supervision of an adult. | ||