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en:drones:regulations [2019/11/05 17:35]
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-====== Regulations on UAV Operations ======+===== Regulations on UAV Operations ===== 
 +== 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. 
 + 
 +The new regulations divide the operations to 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 standardise 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 (**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. 
 + 
 +**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. 
 + 
 +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:​ 
 +  - Different (sub)categories of UAV operations,​ 
 +  - Rules, procedures, competency and the minimum age for pilots, 
 +  - Airworthiness requirements for the UAV, 
 +  - Cross border operations,​ 
 +  - Registration of UAV operators,​ 
 +  - Tasks and designation of competent authorities,​ 
 + 
 +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:​ 
 +  - CE and operator markings on a UAV, 
 +  - Technical requirements per UAV category, 
 +  - Obligations of manufacturers,​ importers and distributors of UAV, 
 +  - Requirements on non-EU country operators,​ 
 +  - Remote identification,​ 
 + 
 +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 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. 
 + 
 +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: 
 +  - Rules are made at European Level, 
 +  - Implementation is done at national level, 
 +  - No differentiation between commercial or recreational use, 
 +  - Regulations are a mix of product specifications and aviation regulations,​ 
 +  - Drones in the open category must be CE certified (with the exception of self-build drones), 
 +  - Drones will be partially removed from strict aviation regulations in most countries,​ 
 +  - 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 in 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:​ 
 +  - In the **open category**, operations can take place that is considered low risk and does not require prior authorisation. 
 +  - In the **specific category**, operations take place that considering the risks require authorisation by a competent authority before the operation takes place. A risk assessment must be carried out and mitigation measures identified unless the operation is very common. In the latter case, the risk assessment and mitigation measures have been previously identified and part of a ‘standard scenario’ which is approved by EASA. 
 +  - In the **certified category** operations take place that considering the risks require a certified drone, a licensed pilot and an organisation approved by a competent authority to ensure an appropriate level of safety. 
 + 
 +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. 
 +== OPEN CATEGORY == 
 +The Open Category is meant for low-risk operations whereby no prior authorisation is required. Depending on the subcategory it can be as simple as ‘**Buy and Fly**’. 
 + 
 +This category caters for all recreational drone users as well as for 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 the pilot requirements. The table below shows a simplified version of the subcategories. 
 +<​table>​ 
 +<​caption>​Subcategories in the Open Category</​caption>​ 
 +^  **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  | 
 +</​table>​ 
 + 
 +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**. 
 +<​table>​ 
 +<​caption>​Technical specifications in the Open Category</​caption>​ 
 +^  **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 ​ ||||| 
 +</​table>​ 
 + 
 +**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 previous distinction between recreational and professional use of drones is removed. 
 +  - The maximum height limit is set at 120 m. 
 +  - The safe distance from people is a minimum of 5 metres (if the drone is equipped with a low-speed mode, otherwise it’s 30 meters) and equal to the height at which the drone is flown (1:1 rule). 
 +  - Minimum age is 16 
 + 
 +== 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 by the CAA of the member state. 
 + 
 +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: 
 +  - **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. 
 + 
 +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.  
 + 
 +== 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 adopts 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 or 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 which 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>​ 
 +{{ :​en:​av:​regulations_timeline.png?​direct |}} 
 + 
 +====== Polish Civil Aviation Authority Drones Regulations ====== 
 +== Recreational or Sport Drones flights == 
 +  - Drone operator which wants to fly drones for fun or sports competitions can use it: 
 +  - without a UAVO certificate of qualification,​ 
 +  - within visual line of sight, 
 +  - in FPV if the drone does not exceed 2kg, 
 +  - without aero-medical examinations,​ 
 + 
 +The drone operator is responsible to take extreme caution due to the air traffic safety and public order. 
 + 
 +== General rules for recreational drone flights == 
 +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 concentration of people in the open air. This distance isn’t defined in meters. The operator decides what distance is safe for equipment which is in use to fly. 
 + 
 +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 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: 
 +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: 
 +  - higher than 50 m above ground level, 
 +  - at a horizontal distance of more than 200 m from each other, 
 +  - 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,  on the **Polish Air Navigation Services Agency** (PANSA) website is 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, 
 +  - 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: 
 +      * for flights within visual line of sight (VLOS) with drones or flying models weighing not more than 25 kg at a distance of more than 6 km from the airport boundary and up to 100 m above ground level; 
 +      * for flights within visual line of sight (VLOS) with drones or flying models weighing less than 600 g at a distance of less than 1 km from the airport boundary and not higher than 30 m or up to the highest obstacle, including trees or buildings within a radius of up to 100 m from UAV, 
 +  - Danger Area (D) – UAV only fly with the clearance of the danger area 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; 
 +  - 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; 
 +  - 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). 
 + 
 +== 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. 
 + 
 +**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 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 an unmanned aircraft. 
 + 
 +== Rules of VLOS and FPV flight == 
 +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 which are not under operator control in each phase of flight. The safe distance is not determined by the rules in meters. The operator decides what distance is necessary for the UAV flight not hurt anyone; 
 +  * 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:​ 
 +  * UAV with a maximum take-off weight of 2 kg; 
 +  * 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 less than 100 m from the buildings of towns, cities, settlements or gatherings of people in the open air; 
 + 
 +In **VLOS** and **FPV** operations:​ 
 +  * 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,​ 
 +  * 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 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 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 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 case of flights within building structures: as cleared by the facility operator and in accordance with agreed safety rules, 
 +  * flights performed over: 
 +     * closed areas, 
 +     * 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), 
 +     * military units and firing ranges, 
 +  * can be performed only as cleared and needed by the area/​facility/​device operator. 
 +  * 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 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 == 
 +In addition to the requirements concerning flight rules and operators'​ ratings, regulations also specify obligations of entities operating UAVs: 
 +  - the entity operating a UAV is obliged to: 
 +    * label all equipment with a nameplate containing the name of the entity owning the unmanned aircraft, 
 +    * include preventive recommendations of the Civil Aviation Authority (CAA), if issued, in the operations manual, 
 +  - UAVs used for flights earlier than 30 minutes before sunrise and later than 30 minutes after sunset must be fitted with a warning light mounted in a manner that provides an omnidirectional light distribution,​ visible from above and below; 
 +  - UAV must be fitted with a "​failsafe"​ system programmed in a manner consistent with the CAA preventive recommendations if issued; 
 +  - the operator performing the flight is required to wear a warning vest; 
 +  - an entity providing aerial services using unmanned aircraft must develop an Operational Manual which: 
 +    * defines a safe way to provide aerial services and includes in particular:​ 
 +    * data of the entity providing services, 
 +    * list of operated UAVs, 
 +    * personnel data indicating their ratings, 
 +    * process of risk analysis of air operations in relation to operate UAVs, 
 +    * list of control activities carried out before take-off and after landing, 
 +    * procedures and principles of performing air operations,​ 
 +    * emergency procedures,​ 
 +    * is subject of review if requested by the President of the Civil Aviation Authority,​ 
 +    * is supplemented and amended in the manner necessary to keep it up to date, 
 +    * 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) == 
 +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: 
 +  - 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 customs-tax service, 
 +    * related to preventing or combating natural disasters or catastrophes,​ 
 +    * related to health care systems, 
 +    * related to search or rescue, 
 +    * related to the protection of the internal security of the state, 
 +    * related to the recognition of safety hazards and environmental protection,​ 
 +  - specialized flights are carried out as part of or for the purposes of: 
 +    * supervision,​ monitoring, control or protection of land or water civil engineering works, forest or water areas, people or property, 
 +    * geodetic activities related to agriculture or forestry, 
 +    * research, test, trial or demonstration flights, 
 +  - automatic flights are carried out as part of or for the purposes of: 
 +    * supervision,​ monitoring, control or protection of land or water civil engineering works, forest or water areas, 
 +    * agro-aerial activities,​ 
 +    * medical supplies, 
 +    * research, test, trial or demonstration flights, 
 +  - training flights are carried out as part of the training activities referred to in Article 95a of the Aviation Law Act. 
 + 
 +**Clearance to perform operations** 
 +It should be remembered that operational,​ specialized,​ automatic and training flights can be performed only by authorized entities which received clearance of 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: 
 +  - in case of a UAV is an aeroplane, it shall be equipped with: 
 +    * 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; 
 +    * 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;​ 
 +  - 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;​ 
 +    * 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,​ quality and power of the communication signal between unmanned aerial vehicle and remote control station; 
 +    * 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'​s determination of UAV current position in the event of irretrievable loss of UAV control capabilities or the occurrence of communication breaks between the UAV control station and the UAV; 
 +    * 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; 
 +    * recording of flight parameters from the moment when the UAV control system is started until the system is turned off; 
 +  - UAV should also be equipped with a camera allowing observation of its surroundings in order to reduce the risk of collision with another aircraft or obstacle. 
 + 
 +**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 which 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: 
 +  * 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; 
 +  * 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;​ 
 +  * the general list of control activities carried out before takeoff and after landing; 
 +  * procedures and rules for performing air operations;​ 
 +  * general emergency procedures;​ 
 +  * procedure for providing inspections of UAV technical condition. 
 + 
 +In addition, every operator performing flights are 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 fulfilment 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: 
 +  - UAV planned flights: 
 +    * at least 2 days before the flight date – in case of operational,​ specialized,​ automatic and training flights; 
 +    * on the day of flights – in case of operational flights, if it was not possible to plan the flight earlier; 
 +  - UAV performed flights providing:​ 
 +    * the route of the flight or the area in which the flight will take place; 
 +    * flight altitude above mean sea level (AMSL) along the entire route or on individual sections of the route; 
 +    * flight time planned by the operator; 
 +    * 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),​ 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: 
 +  - taking into account the comments provided by PANSA regarding the route and the area in which the flight will take place, 
 +  - operational,​ specialized or training flights, 
 +    * up to not more than 120 m above ground level, 
 +    * at a speed of not more than 150 km/h, 
 +  - 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, 
 +    * 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, 
 +  - training flights at a horizontal distance of at least 150 m from housing estates and other population centres and at a horizontal distance of not more than 500 m from the operator performing the flight, 
 +  - 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,​ 
 +  - in CTR: under conditions specified by PANSA, 
 +  - in ATZ: under clearance and conditions specified by ATZ operator, 
 +  - in Danger Area, MCTR or MATZ: only as cleared and needed by area/zone operator and under conditions specified by the 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 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 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 case of flights within building structures: as cleared by the facility operator and in accordance with agreed safety rules, 
 +  - In addition, flights performed over: 
 +    * closed areas, 
 +    * 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), 
 +    * military units and firing ranges, 
 +  - can be performed only as cleared and needed by the area/​facility/​device operator, 
 +  - 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 of the state, protection of the state border, protection of the internal safety of the state or search and rescue, provisions regarding flights in Prohibited and Restricted areas covering airspace immediately above the area of the national park do not apply, 
 + 
 +** 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:​ 
 +  - notify the competent ATS unit by telephone, via electronic communication means of communication and information system, and attempt to regain communication with the UAV; 
 +  - provide the ATS unit with the following information:​ UAV current location identified by emergency location device, UAV last known location in the event of failure of the emergency location device, time of communication loss, last recorded speed, UAV altitude and heading, expected time to run out of fuel or depletion of power to the propulsion system. 
 + 
 +====== Latvian Civil Aviation Authority Drones Regulations ====== 
 +== General Rules == 
 +  - **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 (VLOS) in Latvia. 
 +  - **Compulsory insurance**:​ We recommend you complete an aviation liability coverage for your drone. 
 +  - **Maximum take-off weight (MTOW)**: The maximum weight for unmanned aeroplanes is 20 kg. 
 +  - **Distance to airports**: You have to keep a distance of 10 kilometres to airfields. 
 +  - **Other safe distances**:​ Your copter must not approach people, animals, vehicles and flammable/​explosive objects closer than 50 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. 
 +  - **Good to know**: Drones must be able to land autonomously in Latvia in the case of disconnection of the radio link (failsafe function). 
 + 
 +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 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 on the European Union (EU) level. 
 + 
 + 
en/drones/regulations.1572968149.txt.gz · Last modified: 2019/11/05 17:35 by tomykalm
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