Drones and regulations - changes in Polish law
New regulations for drones - VLOS (VLOS) flights. Visual Line of Sight- within sight)
1. Allowing loss of eye contact-if:
"a. to carry out by the operator control of the flight parameters transmitted by devices that are ground equipment of the flying model,
b. overflying behind an obstacle that impedes the observation of a flying model after first ensuring that the flight can be made safely and with extreme caution".
2. Flight under VLOS rules presupposes the use of at least one observer-consolidating the interpretation of the previous regulation, which vaguely regulated whether there could be only one or more observers.
3. FOR UAVO OPERATORS, the provisions for flying at a safe distance have been removed horizontal- uAVO VLOS-certified operators will be able to fly in built-up areas (over buildings), people, vehicles and other airspace users taking care only of the safe distance, the definition of which is:
"The safe distance is the distance of the unmanned aircraft from other aircraft, obstacles, people or animals to avoid collision, resulting from an analysis of the prevailing meteorological conditions, the environment and obstacles located in the flight area, as well as the type of unmanned aircraft used and the qualifications of the operator".
3a. Recreational and sport flying (for users without UAVO rating) - it is assumed that flying directly over people, animals, obstacles and other aircraft is prohibited (ensuring a safe distance horizontal)-This regulation also applies to flights within the VLOS range with models weighing less than 0.6 kg;
Importantly, models weighing <600g are exempt from enrollment:
"3) maintaining a horizontal distance of not less than 100 m from the development of villages, towns, settlements or from gatherings of people in the open air.
4) maintaining a horizontal distance of not less than 30 m from persons, vehicles, construction objects that are not at the disposal or control of the operator".
4. A new category of flight- FPV drone up to 2 kg has been created and regulations have been introduced for it.
"In first-person view FPV operations, the operator makes the flight:
(a) to an altitude of no more than 50 m AGL (Above Ground Level- above sea level),
(b) at a horizontal distance of no more than 200 m from the operator,
(c) at a horizontal distance of not less than 100 m from the development of villages, towns, (d) settlements or from gatherings of people in the open air.".
Importantly, looking at the screen of a tablet/smartphone while flying will be acceptable and will not be treated as a BVLOS flight.
5. Restriction of no-fly (or ability to fly only with permission for operators with UAVO) to objects marked in boxes art. 5(5). 1 and 2 of the Act of August 22, 1997. on the protection of persons and property (Dz. U. of 2014. pos. 1099) ie:
In addition, flights over are banned:
"4) military units and training grounds; 5) persons and gatherings of people in the open air, not at the disposal or under the control of the operator. 6) in EP zone R40 Slupsk".
6. Exercise extreme caution:
"3) flying over fuel pipelines, power lines and telecommunication lines, water dams and sluices, as well as other equipment located in open terrain, the destruction or damage of which may pose a threat to human life or health, the environment or cause serious property damage".
7. Increased the distance for recreational/sports flights to 500 m from the site of a P-zone protected facility(for drones <0.6 kg). (As a reminder: P (Prohibited) - forbidden zones created over objects of strategic importance or over objects whose damage could be tragic in its consequences (chemical plants, power plants, etc.)).)
8. The need to obtain permission to fly in the R (Restricted)-zones with restricted traffic over national parks) only directly over the park area- the approval of the sphere manager is not needed for flights in the R zone outside the park area.
9. Also:
"14) in the case of an operator who is a minor, flights shall be performed under the supervision of an adult".
New regulations for drones - BVLOS flights. Beyond Visual Line of Sight)
1. Flying devices and unmanned aircraft with a takeoff weight of 25 kg or less, used in operations beyond the visual range of BVLOS, are subject to mandatory registration in the aircraft register.
2. Flights within BVLOS range must be reported to the air traffic service provider at least 7 days prior to the flight.
Added conditions that such flights must meet:
"Operational, specialized or training flights:
(a) up to a height of no more than 120 m above ground level (AGL),
(b) at a speed of no more than 80 kts;
Automatic flights:
a) up to an altitude of 50 m AGL or up to an altitude of 50 m above the highest obstacle located within a radius of 100 m from the place of flight,
b) carried out at a horizontal distance of less than 100 m from the development of towns, cities or settlements shall be carried out with the consent and under the conditions of the authorities of the town or city".
3. In addition to this BSP for BVLOS flight, the drone must be equipped:
"with anti-collision and positioning lights as on a manned aircraft as defined in the regulations issued pursuant to Art. 159(1). 1 of the Law;
with devices or systems mounted on its board or which are its ground equipment that allow: a) maintaining the assumed flight parameters, b) ongoing monitoring of flight parameters, including the determination of: - flight path, - flight speed, - flight altitude via barometric altimeter, - charge level of power batteries or fuel consumption rate, - quality and strength of the communication signal between the unmanned aircraft and the remote control station",
Equipment of BSPs performing automatic flights at a horizontal distance of less than 100 m from the development of villages, towns or settlements:
"(1) at least 6 propulsion engines in the case of an unmanned aircraft that is a multi-rotor aircraft; (2) an emergency parachute, limiting to 69 J the kinetic energy released when the unmanned aircraft hits the ground or an obstacle, and an audible warning system, activated automatically or remotely by the operator in the event of an emergency that prevents continued flight".
In our next article, we'll touch on changes to UAVO training and exams.
Article written on the basis of the Decree of the Minister of Infrastructure (..) amending the Regulation on the exclusion of the application of certain provisions of the Aviation Law to certain types of aircraft and determining the conditions and requirements for the use of such aircraft.