Project Objectives



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Educational for Drone (eDrone)

(Project Number 574090-EPP-1-2016-1-IT-EPPKA2-CBHE-JP)

WP2, D2.1, D2.2 and D2.4

D2.1 -State of Art of Drones Laws in Programme Countries

D2.2 - State of Art of drone laws in Partner Countries

D2.4 Regulatory Needs in Partner Countries

|Deliverable Type |Report |

|Result |Report |

|Date of Delivery |21/08/2017 |

|Author(s) |P7 - Civil Aviation Authority |

|Reviewer |Augustin Lupu |

|Review date |8/08/2017-21/08/2017 |

|Reviewer |Francesco Lamonaca |

|Review date |10/08/2017-21/08/2017 |

Table of content

INTRODUCTION / FOREWORD 8

State of Art of drones laws in Programme Countries 10

Italy 11

Regulatory framework of Drones 11

Requirements for registration of Drones 13

Requirements for remotely pilots 14

Operations (altitude, restricted areas, etc.) 15

Classification of drones 17

Privacy and data protection 17

Authorities involved in regulation and oversight of Drones operations 18

Enforcement measures 18

France 19

General Information 19

Drone categories 19

Operational limitations 19

Principles of regulation for Specific Activities 19

The Operator 21

Handbook of Specific Activities 22

Remote Pilots 23

The Registration of Drones 23

Privacy Data Protection 24

Synthesis of Required Authorization 25

Synthesis of the steps 26

Poland 27

Regulatory framework of Drones 27

Authorities involved in regulation and oversight of Drones operations 29

Enforcement measures 30

Romania 31

The regulatory framework of drones in Romania 31

Authorities involved in regulation and oversight of drones operations 39

Enforcement measures 39

State of Art of drones laws in Other European Countries 40

United Kingdom 41

Regulatory framework of Drones 41

Authorities involved in regulation and oversight of Drones operations 45

Enforcement measures 50

Hungary 51

Regulatory framework 51

Mandatory registration, training and inspection 51

Upcoming legislation 52

Enforcement (who is responsible, fines, etc.) 52

State of Art of drones laws in ASIA 53

Japan 54

Summary from the Civil Aviation Bureau (CAB) 54

Operational Limitations 55

Exceptions 55

China 56

Regulatory framework of drones 56

Requirements for registration of drones 57

Requirements for remotely pilots 58

Operations (Altitude, restricted areas, etc.) 59

Classification of drones 60

Privacy, data protection 64

Authorities involved in Regulation and oversight of drones operations 65

Enforcement measures 66

State of Art of drones laws in Middle East 68

United Arab Emirates 69

Legal and regulatory framework of Drones in United Arab Emirates 69

Regulation at the Federal Level 69

Regulation at an Emirate-Specific Level 72

Law enforcements 72

Definitions 73

Type of users: 74

Requirements 74

Drones Flying Zones 76

Latest developments 77

Getting Dubai drone licence 78

State of Art of drones laws in North America 80

Canada 81

General Regulatory framework of Drones 81

The requirements for registration of Drones 81

Requirements for remotely pilots 82

Operations (altitude, restricted areas, etc.) 83

Classification of drones 84

Privacy data protection 86

Authorities involved in regulation and oversight of Drones operations 87

Enforcement measures 88

United States of America 89

General Regulatory framework for Drones in the USA 89

The requirements for registration of Drones 90

Certification and Responsibilities of Remote Pilot in Command 91

Operation parameters (altitude, restricted areas, etc.) 92

Classification of drones 94

Privacy and data protection 99

Authorities involved in regulation and supervision of Drones operations 100

Enforcement measures 101

State of Art of drones laws in Oceania 102

Australia 103

State of Art of drone laws in Partner Countries 105

Moldova 106

Georgia 107

Introduction 107

Regulatory framework of Drones 108

Requirements for remotely pilots, operations (altitude, restricted areas, etc.) 109

Privacy data protection 111

Authorities involved in regulation and oversight of Drones operations 111

Enforcement measures 112

Belarus 113

Regulatory framework of Drones. 113

Authorities involved in regulation and oversight of Drones operations 115

Enforcement measures 115

Armenia 116

State of Art of drone laws in other Non-EU Country 117

Russian Federation 118

REGULATORY NEEDS IN PARTNER COUNTRIES 122

Moldova 123

Georgia 124

Belarus 125

Armenia 126

Conclusion 127

Versioning and Contribution History

The following is the document control for revisions to this document.

|Version |Date |Reason |Modified by |

|1 |7/08/2017 |Submitted for review |Constantin Vozian |

|2 |8/08/2017 |Implement reviewer suggestions |Constantin Vozian |

|3 |10/08/2017 |Solve stylistic concerns, and |Francesco Lamonaca |

|4 |17/08/2017 |Implement reviewer suggestions |Constantin Vozian |

|5 |20/08/2017 |correct according to eDrone |Francesco Lamonaca |

| | |document template format | |

|6 |10/01/2018 |Add quality information, little |Francesco Lamonaca |

| | |change in the title of the document| |

Please include here also information on: when was the concept note submitted, when was feedback received, etc.

The deliverables where approved also by the participants at the 1st Consortium Meeting in Chisinau-Moldova.

Project Number: 574090-EPP-1-2016-1-IT-EPPKA2-CBHE-JP

Project Acronym: eDrone

Result: WPX – Title of WP

Deliverable number and title: DX.Y – Title of Deliverable

Type of deliverable: XXXX

|Required date of delivery: |

|Date of last version delivery: |

|Work package: |

|Lead responsible partner:I |

|Responsible person: |

|Other cooperating partners: |

|Total number of pages: |

Elaborated by:

Name, affiliation (PARTNER)

INTRODUCTION / FOREWORD

It is well known that science is in a permanent development and emergence of new technologies takes place at an unimaginable speed. Currently we are witnessing projects that some decades ago seemed to be detached from science fiction movies. We can see the greatest ascents in the development of industrial machinery, military technologies, development of robots and artificial intelligence.

An eloquent example of the technology development is the emergence of unmanned aircraft or as it is widely called - Drones.

Development of such devices started more "from the water than the air" and originates from the late nineteenth century when Nicola Tesla has built and demonstrated the first radio-operated mini-ship, which was not left unobserved by scientists from that period, constituting the first step in the further development of remote controlled technologies.

Being inspired by the success of the Wright Brothers who for the first time in the history of aeronautics succeeded to perform a flight conducted with a motorized aircraft, the American military engineer Charles F. Kettering proposes in 1910 development of an aircraft which was not to be controlled by a human factor, but by a clockwork. Despite the fact that it was difficult to imagine such a project for those times, the manufacturer managed to get financing from the US Army. However, after a series of failures, the project was withdrawn and it was not even used during the Second World War.

Accordingly, year 1933 represents the period in which it is believed that the appearance of what is now known - unmanned aircraft. Namely in this year, the British engineers have built the first unmanned airplane that could take off and land, and could be used many times. Subsequently, have followed similar inventions of other great powers of those times (USA, USSR, Germany), these being largely used in the Second World War.

Although Drones has emerged and developed in the military sector, their use in the civilian circuit cannot be neglected and in the last period it is spreading more and more widely. So, their number is continuous growth. The civilian drones appeared just in 2000, being significantly different from the military ones. Since the appearance of unmanned aircraft, these have seen an increasing popularity.

In this respect, there is an increase in the number of uses of Civil Drones in activities such as:

• Mapping and topography of the territory.

• Search and rescue operations.

• Agriculture.

• Aero photography.

• Inspection of communication networks (pipelines, high voltage buses, wires, etc.).

The advantage of using unmanned aircraft to the detriment of other devices is that these can save financial resources and can be used in places where the human being is practically impossible to be involved (natural calamities, fires, hardly accessible areas etc.).

Although the use of Drones in such activities brings a lot of benefits, one of the major problems at the moment, both internationally, regionally and nationally, is that there is not a clear regulatory framework that would cover into the legal framework the air operations performed with such devices.

Currently, the international organizations such as the International Civil Aviation Organization, the European Aviation Safety Agency undertake measures to regulate this field, as well as at the national level by most countries where the phenomenon of Drones is becoming more and more widely used.

Concerns of the states to regulate the use of the Drones are based on the intention to ensure the safety of third parties who may suffer from their use, through measures that would ensure the flights safety of civil aircraft and aviation security, the life and health of human beings, privacy etc. On the other hand, it is necessary to create favorable conditions for drone users, so that this technology that we can rightly call a device of the future brings many benefits to the users and should not be used or be allowed under restrictions or requirements that are too strict.

For this purpose, the competent bodies shall take into account numerous criteria, including the dimensions of unmanned aircraft, the airspace zones in which they are used, the territory over which the flight is performed etc., and these requirements must be directly proportional to the risks presented by Drones.

In this context, we shall analyze the practice of several states while developing the normative framework for the use of unmanned aircraft.

State of Art of drones laws in

Programme Countries

Italy

Regulatory framework of Drones

In Italy, the regulation for Remotely Piloted Aerial Vehicles (RPAS) is managed from the Italian Civil Aviation Authority (ENAC). It was established on 25th July 1997 by Legislative Decree no.250/97 as the National Authority committed to oversee the technical regulation, the surveillance and the control in the civil aviation field, including RPAS. It is applied for RPAS with weight lower or equal to 150 kg. For RPAS with weight higher than 150 kg, the European regulation is applied as reported in the Briefing of the October 2015 of the “EPRS | European Parliamentary Research Service” entitled “Civil drones in the European Union” available at: (2015)571305_EN.pdf.

ENAC is engaged in dealing with the diverse regulatory aspects of air transport system and performs monitoring functions related to the enforcement of the adopted rules regulating administrative and economic issues. Further information on ENAC are available at

As concerning RPAS, many regulations were produced, and the hope is to have a common European regulation before 2018. The last Italian Regulation, entitled “Remotely Piloted Aerial Vehicles Regulation” was published the 3rd January 2017, and it is available at .

The ENAC Regulation provides safety levels for different RPAS kind of operations. It is composed by 37 articles divided in VII sections. Section I provides general definitions, applicability purposes and references. In sections II and III the Regulation defines provisions for operating different classes of RPAS depending on the take-off operating mass. Section IV defines provisions for piloting RPAS, Section V defines provisions regarding procedures in air navigation and airspace use applicable to RPAS in the national airspace and Section VI defines general provisions for RPAS. Section VII provides provisions and limitations to be complied with for the use of model aircraft in the National airspace. In the follow is reported the contents of the Regulation divided in the seven sections:

• Section I – General.

o Art. 1 Forward.

o Art. 2 Applicability.

o Art. 3 Purpose.

o Art. 4 References.

o Art. 5 Glossary and acronyms.

o Art. 6 RPAS classification.

o Art. 7 RPAS operations.

• Section II – Remotely Piloted Aircraft System with aircraft having operating take-off mass of less than 25 kg.

o Art. 8 General provisions for operating RPAS.

o Art. 9 Non-critical operations.

o Art.10 Critical operations.

o Art.11 Authorization and declaration.

o Art.12 Operations with aircraft with operating take-off mass of less than or equal to 2 kg.

o Art.13 Certification of the design.

• Section III – Remotely Piloted Aircraft System with aircraft having operating take-off mass of more than or equal to 25 kg.

o Art. 14 Registration and identification.

o Art. 15 Airworthiness.

o Art. 16 Acoustic Certificate.

o Art. 17 Operator approval.

o Art. 18 Operator Organization.

o Art. 19 RPAS maintenance.

• Section IV – Provisions for piloting RPAS.

o Art. 20 RPAS pilot.

o Art. 21 RPAS pilot certificate.

o Art. 22 RPAS pilot license.

o Art. 23 RPAS Training Centre.

• Section V – Rules of circulation and use of airspace.

o Art. 24 VLOS operations.

o Art. 25 EVLOS operations.

o Art. 26 BVLOS operations.

o Art. 27 Specific procedures and provision of air navigation services.

• Section VI – General Provisions for RPAS.

o Art. 28 Record keeping.

o Art. 29 Occurrence reporting and investigation.

o Art. 30 Penalties.

o Art. 31 Data Link.

o Art. 32 Insurance.

o Art. 33 Security.

o Art. 34 Data protection and privacy.

• Section VII – Model Aircraft.

o Art. 35 General provisions Section VIII – Final provisions.

o Art. 36 Fees and charges.

o Art. 37 Entry into force and transition period.

The documents begun with the definition of Remotely Piloted Aerial Vehicles. To this aim the Regulament, in Art.1.1 refers to the Article 743 of the Italian Navigation Code, titled "Concept of aircraft". It introduces in the definition of aircraft, the notion of remotely piloted aerial vehicle: "Aircraft shall mean any machine designed for the transportation by air of persons or property. Remotely piloted aerial vehicles are also considered aircraft, as defined by special laws, ENAC regulations and, for the military, by decrees of the Ministry of Defense. The distinctions of the aircraft, according to their technical specifications and use shall be established by ENAC with its regulations and, in any case, by special legislation in this field”.

The Regulation, as implementing art. 743 of the Italian Navigation Code, splits remotely piloted aerial vehicles in Remotely Piloted Aircraft Systems and Model Aircraft for the purpose of applying the provisions of the Code (Art.1.2).

Requirements for registration of Drones

As laid down in Art.14 (registration and identification) of ENAC regulation, RPAS with RPA with operating take-off mass more than or equal to 25 kg, flying inside the Italian airspace, shall be registered by ENAC in the RPAS register, by assigning dedicated registration marks; identical registration marks are to be shown on the remote ground pilot stations. Moreover, the identification plates shall be installed on the RPA and on the remote ground pilot station. The application for registration shall be made by the RPAS owner in a form and manner established by ENAC (Art.14.2).

Art.15 deals with airworthiness. RPAS are approved to fly by holding a Permit to Fly or a Restricted Certificate of Airworthiness for RPAS holding a Restricted Type Certificate (Art.15.1). The Permit to Fly is issued for the purpose of (Art.15.2): a) carrying out experimental activities for research and development or for compliance demonstration to the certification basis in case of application for a Restricted Type Certificate or; b) carrying out specialized operations for RPAS without a series production and thus not holding any Restricted Type Certificate. The Permit to Fly specifies conditions and/or limitations for the operations (Art.15.3), these include applicable limitations concerning the nature and characteristics of the overflown areas. In order to be issued the Permit to Flight for experimental activity as per the Art.15.2.a: the owner of the RPAS shall apply to ENAC and provide documents justifying the system is capable of a safe experimental activity. The experimental activity shall be carried out over areas with a limited population density, adequate for the risk posed by the operations. The applicant shall submit the application for the segregation of airspace to ENAC, pursuant to ENAC provisions in force, when necessary. ENAC shall issue the permit to fly for experimental activity upon successful review of the submitted documentation. The Permit to Fly is valid for the period of time necessary to carry out the activity (Art.15.5). The Permit to Fly for specialized operations is obtained upon application of the RPAS’s owner after successful completion of initial test flights performed under the Permit to Fly with purpose experimental activity (Art.15.6). The Permit to Fly for specialized operations shall be issued by ENAC upon successful completion of the review necessary to verify that the proposed operations can be carried out with an adequate level of safety. The Permit to Fly has a maximum validity period of three years (Art.15.7). Upon dedicated application and when conditions are fulfilled, ENAC may renew or issue a new Permit to Fly as applicable for a RPAS, depending on the purpose of the Permit to Fly. The Permit to Fly is invalid when applicable conditions and limitations are violated, when the system is modified without ENAC approval, as well as in case of incompliance with requirements referred to in Art.16 et seq.

For RPAS intended to be manufactured in series the manufacturer shall apply to ENAC for the restricted type certificate (Art.15.8). The certificate attests the compliance with the certification basis as established by ENAC, determined taking into account the characteristics of the system and the kind and modes of operations. The associated Type Specification data sheet defines the conditions and/or limitations under which the system shall be used, including also the restrictions on the areas of operations and of the use of airspace. In the case of RPAS which has been granted a Restricted Type Certificate, the associated Restricted Certificate of Airworthiness shall be issues when the RPA conforms to the type specification data sheet and it is shown to be in conditions for safe operations. The organization in charge of the design and the production of the RPAS shall be approved by ENAC(Art.15.8).

As lay down by Art.15.9, the Restricted Certificate of Airworthiness and the Type Certification Data Sheet are issued upon successful completion of the demonstration of compliance with the certification basis and of the experimental activity. The Restricted Certificate of Airworthiness is issued for the individual RPA upon submission by the owner of a statement by the manufacturer attesting that the RPA conforms to the Restricted Type Certificate (Art.15.10). The restricted certificate of airworthiness has unlimited duration. The certificate of airworthiness in invalid in case of violation of applicable conditions and/or limitations, in case the system is modified without ENAC approval or in case of incompliance with the provisions laid down in articles 18 and 19. ENAC reserves the right to perform spot checks to verify the continued validity of the Restricted Certificate of Airworthiness (Art.15.10).

Requirements for remotely pilots

As laid down in Art.17 of the ENAC regulation (Operator’s Approval) In order to carry out specialized operations, the operator of the RPAS shall have ENAC authorization, by demonstrating to fulfil requirements laid down in Articles 18 and 19. Investigations made by ENAC are proportionate with the level of risk posed by the proposed operations(Art.17.2).

Art. 18 deals with Operator’s organization. As laid down by Art.18.1, the Operator is entitled to have the authorization after demonstration of:

• having a technical and operational organization adequate for the activities it intends to perform and for the type and size of the fleet. The pilots designated by the operator shall have the qualifications required to conduct the planned activity;

• appointing a Technical Manager for the management of operations, airworthiness and training;

• operating RPAS granted with the necessary certificates/authorizations and in configuration required for the proposed specialized operations;

• designating pilots with certificates and licenses adequate to the RPAS to be piloted;

• having established the “Operation Manual”, providing instructions or procedures as necessary for the management of operations, in normal and emergency conditions, of the airworthiness and of the training and making the manual available to all personnel involved in the activities;

• being able to carry out operations according to limitations and conditions set forth in the authorization.

Operations (altitude, restricted areas, etc.)

VLOS operations are regulated by Art.24 of the ENAC regulation. They are reported in the follow:

1. In VLOS operations the pilot shall maintain the direct visual contact with the RPA to manage the flight with regard to other airspace users, persons, vessels, vehicles and infrastructures in order to avoid collisions.

2. VLOS operations are permitted in daylight, up to maximum height of 150 m AGL, within maximum horizontal distance of 500 m, and shall be carried out safely, without causing damages to third parties. Higher distances and heights may be evaluated and authorized by ENAC as appropriate, following submission of an appropriate risk assessment by the RPAS operator.

3. In case of loss of visual contact with the RPA, either horizontally or vertically, the pilot shall terminate the flight as soon as possible.

4. Except as required by point 6 below, RPAS operations shall not be conducted:

5. within ATZ and beneath take-off and landing paths or at a distance less than 5 km from the airport (ARP or published geographical coordinates) where ATZ is not established;

6. within CTR, without prejudice to point 5 below;

7. within active restricted areas and prohibited areas.

8. Operations within CTR are permitted only to RPA with operating take-off mass less than 25 kg, up to maximum height of 70 m AGL and within maximum horizontal distance of 200 m. Beneath take-off and landing paths, beyond ATZ boundaries and up to 15 km from the airport, maximum height shall be 30 m AGL.

9. When operations do not meet the requirements set forth in points 4a), 4b) and 5 above, operations shall be carried out according to procedures published by ENAC. When it is required to operate within airspace as referred in point 4c) above, operations shall be subject to specific authorization according to procedures published by ENAC.

EVLOS operations are regulated by Art.25 of the ENAC regulation. They are reported in the follow

1. In EVLOS operations, carried out according to VLOS horizontal and vertical distances or beyond such limits when so authorized, the pilot shall retain responsibility to avoid collision by adopting alternative means to maintain the visual contact with the RPA. Such responsibility can be discharged by means of visual observation, through observer and/or additional remote ground pilot stations. EVLOS operations shall be authorized by ENAC.

10. EVLOS operations shall be permitted according to the limitations and conditions required for VLOS operations, in accordance to provisions set forth in art. 24 above.

BVLOS Operations are regulated by Art.26 of the ENAC regulation. They are reported in the follow:

1. BVLOS operations are carried out beyond VLOS horizontal or vertical distances, at a distance where procedure to avoid collisions by visual observation cannot be applied. BVLOS operations require systems and procedures to maintain separations and avoid collision which shall be authorized by ENAC.

2. BVLOS operations may require airspace segregation (permanent or temporary), without prejudice to limitations and conditions established by ENAC, based on the kind of operation and the findings of the risk assessment performed by the RPAS operator.

Specific procedures and provision of air navigation services are reported in Art.27 of the ENAC regulation, as reported in the follow:

1. In case of interfering traffic, VLOS and EVLOS RPAS operations shall not have right of way. By using capability to “see and avoid”, the remote pilot shall immediately land or descend to a safe height of 25 m or below, such as not to interfere with other aircraft.

2. “Non critical” VLOS and EVLOS operations conducted with RPA having operating take-off mass less than 25 kg, shall be permitted at a safe horizontal distance of at least 150 m from congested areas and at least 50 m from persons that are not under the direct control of the RPAS operator. In all other cases, the RPAS operator shall submit an appropriate risk assessment to ENAC.

3. Unless specific provisions by ENAC for particular operations and subject to agreement with the competent Air Navigation Service provider, by derogation to provisions set forth in the Regulation (EU) n. 923/2012 (SERA) and to ENAC Regulation “Regole dell’Aria Italia” (RAIT), air traffic services are not provided to RPAS operations and use of the transponder within national airspace is not required.

Classification of drones

In the scope of the ENAC Regulation (Art.6), RPAS are classified according to the operating take-off mass of the RPA, as follows: a) RPAS with RPA having operating take-off mass of less than 25 kg b) RPAS with RPA having operating take-off mass equal to or more than 25 kg and less than 150 kg. In particular, Section II deals with RPAS with aircraft with operating take-off mass of less than 25 kg, Section III deals with RPAS with aircraft with operating take-off mass of more than or equal to 25 kg. RPAS with weight higher than 150 kg refers to the European regulations as reported in the Briefing of the October 2015 of the “EPRS | European Parliamentary Research Service” entitled “Civil drones in the European Union”.

Privacy and data protection

The rules concerning data protection and privacy are described in Art. 34 of Italian Regulations. When operations carried out by a RPAS could lead to necessity of the treatment of personal data, this fact shall be referred to in the documentation submitted for the application of the authorization (Art.34.1). Personal data shall be processed pursuant to Decree 30 June 2013 No 196, as amended (Italian Data Protection Code), with regard to the use of modalities that allow the identification of a person only upon necessity, pursuant to Art. 3 of the referred Code, as well as in accordance with the measures and precautions to protect people concerned as prescribed by the Authority in charge of the protection of personal data (Art.34.2).

Authorities involved in regulation and oversight of Drones operations

For RPAS with an operating mass higher than 150 kg are applied the European regulation as reported in the Briefing of the October 2015 of the “EPRS | European Parliamentary Research Service” entitled “Civil drones in the European Union” available at: (2015)571305_EN.pdf.

Enforcement measures

From 2019, the national rules should be replaced by European rules. This will facilitate the expansion of professional business and create a truly European market for drone applications.

France

General Information

Outdoor use of flying craft, even small and unmanned aircraft, is considered an aviation activity and therefore falls within the scope of the civil aviation regulations.

Two directives dated 17/12/2015 define the regulations for the use of civilian unmanned aircrafts:

• the first one relates to the design of the aircrafts, their use and pilot qualifications.

• the second concerns the definition of the drones.

Drone categories

This regulation indicates a regulatory framework of three categories which is operation centric, risk and performance based:

• Model Aircraft - Drone use is limited to leisure or competition.

• Experimental Aircraft - Drone is used for test flights.

• Specific Activities – Drone used for activities not included in the previous two categories.

Operational limitations

The above directives apply to all unmanned aircrafts for the category of Specific Activities with the following limitations:

• Aircraft mass over 150 kg.

• Government-operated drones.

• Indoor use.

Principles of regulation for Specific Activities

The regulation identifies four Operational Scenarios for which the conditions of authorization have been defined in detail:

• S-1: use allowed outside populated areas, without overflight of third-party premises, with line of sight visual control and with a maximum horizontal distance of 200 meters from the remote pilot;

• S-2: use allowed outside populated areas, without overflight of third-party premises, not meeting the criteria of scenario S-1, with a maximum horizontal distance of 1 km from the remote pilot (only aircraft with mass less than or equal to 2 kg above 50m);

• S-3: use allowed in populated areas, without overflight of third-party premises, with line of sight visual control and with a maximum horizontal distance of 100 meters from the remote pilot (Non-tethered aircraft: only aircraft weighing less than or equal to 8 kg);

• S-4: use allowed outside populated areas not meeting criteria for scenarios S-1 and S-2 (only aircraft with mass less than or equal to 2 kg).

Any flight activity not contemplated by the above four scenarios or deviating from these conditions can only be considered within the framework of a specific authorization, after a case-by-case study of a file assuring an acceptable level of safety.

The Regulations also lay down provisions about the use of unmanned aerial vehicles, and the conditions under which they are used, for third-party protection on the ground and airspace limits.

• Third-party protection.

o The flight over some sensitive sites is either not allowed or allowed but subject to prior authorization.

o In the general case, a safety perimeter must be established on the ground so that the aircraft remains away from any person not involved in the flight activities.

o Flight over third party premises is only possible outside of agglomerations and at a safe distance from people, for aircraft weighting less than 2 kg and based on a dedicated risk analysis.

o In agglomerations or near people, the maximum mass of unmanned aerial vehicles is limited and aircrafts weighing more than 2 kg must be tethered or equipped with a device limiting the impact damage in case of crash (ex: parachute).

o Flights in areas with buildings must be declared to the concerned prefecture (DSAC: Direction de Securité de l’Aviation Civile).

o Except for the simplest types of operations, unmanned aircraft must be certified by a Certificate of Design released by the DGAC (Direction Generale de l’Aviation Civile).

o Aircraft weighing more than 25 kg or used outside the above limits must satisfy specific technical conditions on a case-by-case basis.

• Airspace Limits and Operations

o Unless otherwise authorized, unmanned aerial vehicles are only allowed to fly below 150 meters. Aircrafts of category S-2 can fly above 50 meters only if their mass is less than or equal to 2 kg;

o any out of sight use of the UAV, near the aerodrome, within controlled areas or controlled access, is subject to an authorization or a prior notification;

o over-fly sensitive sites is prohibited (nuclear power stations, military sites, historic monuments, hospitals, prisons, national parks, nature reserves, etc.).

The Operator

The operator of an aircraft used for Specific Activities must declare his activity to the DGAC and renew his declaration every 24 months.

The operator must keep a log of his activities and of all regulatory obligations in a specific manual of activities (MAP).

In this declaration, the operator shall:

• identify the operational scenarios;

• identify the reference and revision index of its specific activity manual (MAP);

• certify compliancy with regulatory obligations.

Moreover:

• An operator can only claim an operational scenario in his statement if the MAP covers this scenario and the declaration includes at least one aircraft that can be used for this scenario.

• An aircraft may be listed in the declaration for a given scenario and mass only if that aircraft holds a valid Design Certificate for that scenario and mass or, where such a certificate is not required, the operator certifies that the aircraft meets the applicable technical conditions.

The operator must ensure, prior to any flight, that the flight is compatible with the conditions defined in the MAP, that notifications or pre-flight agreement depending on the site, altitude or nature of the flight have been made or obtained, and that the conditions defined in a possible protocol are respected.

For each flight, the operator shall define the flight envelope within which the pilot shall ensure that the airplane is maintained at any time.

These limits (ceiling and horizontal limits) shall be determined considering:

• trajectories intended to satisfy the operational objective of the mission (with sufficient margin to take account of imprecisions in the holding of trajectory);

• the environment of the mission site (e.g. obstacles);

• regulatory constraints (air space, proximity to an aerodrome ...);

• protection obligations regard of third parties on the ground.

The operator shall take any measure that he deems necessary, by means of ground management and/or personnel, to keep people not involved in the flight operations off the area of operations to limit the risks in the event of a crash or emergency landing.

The regulations do not preclude the overflight of third party premises on the ground during operations conducted under scenario S-4, but require that these operations are carried out in an unpopulated zone:

• outside the agglomeration;

• more than 50 m from people gathering.

The operator must therefore ensure that the intended trajectory is compatible with these criteria, by incorporating reasonable operating margins to consider of the imprecision of the tracking stability (steering precision or automatic navigation, wind, etc.) and emergency procedures in the event of a breakdown.

Handbook of Specific Activities

Each operator must prepare a Handbook of Specific Activities (MAP “Manuel d’Activités Particulières”) describing the procedures for implementing its regulatory obligations.

The content of the MAP must take in account the following items:

• Operator Organization Chart.

• Description of the specific activities and for each type of activity:

o feasible scenarios;

o usable aircrafts;

o sharing of responsibilities when several people are required for the safe operation of the aircraft.

• List of authorized remote pilots.

Moreover, several flight procedures must be inserted in the MAP:

• Flight Preparation.

• Protection of third parties on the ground.

Remote Pilots

Remote Pilots must be in possession of a Theoretical Certificate of Aptitude as a pilot of a manned aircraft and the operator must ensure their practical competence. More in detail, the operator shall, for each remote pilot:

• Determine the subjects of the required practical training, which may be provided by the operator himself or subcontracted to another organization.

• Evaluate his practical competence.

• Deliver a Declaration of Competency Level (DNC).

Before any flight, the pilot must carry out the necessary security checks:

• Weather conditions should be within the operating limits of the aircraft.

• The flight shall not be undertaken in the event of any abnormality which may affect the aircraft's flight capability.

• The pilot shall ensure that the energy reserves necessary for the flight allow the intended flight to be carried out with a suitable margin of safety to cover the predictable alias.

• To verify that the vertical and horizontal limits have been correctly programmed

• The verification that the fail-safe mode in case of loss of control link has been correctly programmed.

The flight must be carried out under constant pilot control, hence only the automatic flight of the aircraft is allowed, the autonomous flight is not allowed.

The pilot shall ensure that the aircraft remains within the maximum flight volume defined by the horizontal and vertical operational limits.

When the aircraft leaves the maximum volume of flight, the pilot shall immediately take the necessary actions to restore the flight safety or, if necessary, order an emergency landing.

The Registration of Drones

A Certificate of Design is required for aircraft in the following cases:

• Aircraft weight higher than 25 kg

• Aircraft used Under Scenario S-2

• Aircraft weight higher than 2 kg, used in scenario S-3

• Aircraft used under Scenario S-4

To obtain a Certificate of Design, Unmanned Aircraft must be compliant with:

• Security Requirements

• Aircraft Specific Conditions

Certificate of Design is issued by the DSAC:

• The operator may apply for a Certificate of Design limited to a specific aircraft or, in the case of an aircraft manufactured in series, obtain a so-called "type design" certificate valid for all aircraft of the same type, held by the manufacturer.

• In the cases of aircraft weight lower than 25 Kg (Scenario S-1) and aircraft weight lower than 2 Kg (Scenario S-3), no Certificate of Design is required; it is responsibility of the operator to ensure that the aircraft meets the applicable technical design requirements which are resumed hereafter.

Tethered aircraft: mechanical strength of the retaining means

Non-tethered aircraft: Altitude information based on a barometric sensor

Ability to program a maximum flight altitude

Possibility of engines cut-off in flight

Fail-safe function in case of loss of control link

Privacy Data Protection

The regulations do not allow taking pictures of certain sensitive sites and the use of any device for recording images or data outside of the visible spectrum with prior authorization.

The right to privacy of individuals must be respected. Involved persons must at least be informed if the aircraft is equipped with a camera or other sensors capable of recording data concerning them.

In addition, any broadcasting of images permitting the recognition or identification of persons must be authorized by the persons concerned, or the owner in the case of a private space.

Synthesis of Required Authorization

|Categories |Required authorizations |

|Manufacturers |Obtain a standard Certificate of Design specifying the aircraft category, the nature of the |

| |activity and the mission scenario |

|Operators |Be on the list established by the DGAC, indicating the nature of the activity, the mission |

| |scenario (S1 to S4), the manufacturer and the aircraft model used |

|Remote Pilot |Obtain formal certification (theoretical training) and have a DNC (Declaration of Competence |

| |Level) |

|Flight Authorization |Required deposit of the Specific Activity Manual (MAP) to the DSAC (Prefectures) |

Synthesis of the steps

|Aircraft (Manufacturers) related procedures: |

|Write an owner's manual. |

|Obtain a Type Design Certificate. |

|Issue a Certificate of Conformity for a specific aircraft to a Type Design Certificate. |

|Obtain identification marks for an aircraft over 25 kg that is the subject of a Type Design Certificate. |

|Pilots related procedures: |

|Register for a Pilot Theoretical Exam. |

|Issue a declaration of skill level (DNC – Declaration Niveau Competence)). |

|Obtain a certificate of competence. |

|Operator related procedures: |

|Write a specific activity manual (MAP – Manuel d’Activités Particulières). |

|Reporting activity. |

|Send an annual activity report. |

|Reporting an event in use. |

|Procedures for carrying out a mission: |

|Declare a flight in a populated area. |

|Notify a flight out of sight or at more than 50 m altitude in a military training area. |

|Obtain a prefectural derogation for a night flight. |

|Obtain a prefectural derogation for exceeding the altitude limits in flight out of sight. |

|Obtain the agreement of the regional airspace management committees for a permanent or temporary activity at more than 150 m altitude. |

|Obtain the approval of the competent authority for a flight near an aerodrome, above a protected area or in a portion of airspace that is |

|regulated. |

|Declare the use of an autonomous captive aerostat. |

Poland

Regulatory framework of Drones

Polish drones regulations distinguish two cases of their use:

1. recreational or sports,

2. commercial.

If UAV is operated for recreational or sport, the license is not needed. It is required to maintain horizontal distance of not less than 100 meters from the boundaries of buildings, towns, settlements or gathering people in the open air. The next demand is to keep the horizontal distance of not less than 30 meters from people, vehicles, buildings not under your control or the operator.

UAV can be only operated with visual line of sight (VLOS) at safe distance from other aircraft, obstacles, animals and property. VLOS is an operation in which remote pilot or observer maintains direct unaided visual contact with the remotely piloted aircraft. Pilot and/or observer must monitor the flight path in relation to other aircraft, persons, obstacles (e.g. vehicles, vessels, structures, terrain) for the purpose of maintaining separations and avoiding collisions. The direct visual contact must be ensured without visual aids (e.g. telescope, binoculars, etc.) or other than corrective lenses. VLOS operations should be operated in such meteorological conditions that the remote pilot or observer is able to avoid conflicting traffic and other safety risks related to the hazards present in the operating environment. The conditions must allow for visual detection of other aircraft, gliders, paragliders, etc. in the vicinity.

The main requirement for commercial use of drones is to gain Remote Pilot License. It is necessary to successfully go thru theoretical and practical examination and to make basic medical tests. The operator must have a knowledge in the area of aviation law, man as a pilot and UAV operator, flight rules and flight safety. It is also needed to present mastered skills like preparation for flights, UAV ground support including airworthiness rating and ability to perform safe flight operations.

Every Remote Pilot Licence has a few ratings. A rating is a CAA endorsement that grants additional privileges:

• VLOS (rating that allows a pilot to fly only in his line of sight).

• BVLOS(rating that allows a pilot to fly beyond line of sight).

• RPA class (aeroplane, helicopter, airship, multirotor).

• Weight category ( ................
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