Unmanned aerial vehicles (UAVs). What has changed with the amendment to the Aviation Act?

In today’s reality, no one can deny that unmanned aerial vehicles (UAVs), which until recently were somewhat neglected and sometimes treated with a pinch of salt, are becoming an increasingly important user of airspace. In response to the rapid development of the UAV market, most of the provisions of the important amendment to the Aviation Act came into force in February.

The amendment to the Aviation Act_^[1] was prepared in order to integrate Polish regulations with EU regulations, in particular with Regulation 2018/1139^[2] and Regulation 2019/947^[3]. In this way, the full and correct implementation of the European regulations at the national level was possible.

Safety first

The amendment adopted in January places the emphasis on the issue that is always paramount in aviation operations, namely safety. Among other things, the new regulations introduce the obligation for UAV operators to carry out a detailed risk analysis (depending, of course, on the category of operation being carried out or planned), with the aim of preventing situations that could jeopardise air traffic safety.

Another important obligation affecting air traffic safety is the need to register UAVs intended for operations in the “certified” category and their operators. This is to facilitate the rapid identification of both the aircraft and its operator in the event of an aviation incident.

Precise definitions – changes important for UAV operators

The amendment introduces precise definitions of UAVs and the UAV system, with references to the relevant European regulations, in line with the above-mentioned EU regulations. Thus, an unmanned aircraft system (Article 2(1a) of the AvAct) is any aircraft that performs or is intended to perform operations independently or is remotely piloted without a pilot on board. On the other hand, a UAV system (Article 2(1b) of the AvAct) is a UAV with equipment for remote control. The new regulations also include a definition of a UAV system operator (Article 2(24) AvAct), i.e. a legal or natural person who operates or intends to operate at least one UAV system, and a UAV pilot, i.e. a natural person who is responsible for the safe execution of a UAV flight by manually controlling the flight or, if the UAV flies automatically, by monitoring its course and maintaining the ability to intervene and change course at any time (Article 2(25) AvAct).

UAV flight operations – categories

One of the most important changes introduced by the January amendment is the introduction of the division of UAV flight operations into three categories, following Regulation 2019/947:

• Open
• Specific
• Certified

This division is justified by the different degree of complexity and risk of a given operation.

Open category operations

Open category operations are characterised by relatively low risk – they are conducted at a safe distance from people and are not conducted over gatherings of people by UAVs with a maximum take-off weight (MTOW) of less than 25 kg. Flights in this category are conducted in accordance with VLOS (visual line of sight) rules, except in cases where they are conducted in base station tracking mode or with the use of an observer. When flying in the open category, the UAV is kept at a distance of no more than 120 m from the nearest point of the earth’s surface (except when flying over an obstacle). The UAV must not carry or drop any hazardous materials.

This category includes all recreational flights and some commercial flights.

There are three sub-categories within this category:

• A1 – operations over people permitted for UAVs with the lowest risk of harm to bystanders, i.e. UAVs with an MTOW of less than 250 g. Larger UAVs (MTOW between 250 g and 900 g) may conduct operations in this category provided that the time spent over bystanders is kept to a minimum;
• A2 – operations close to people, i.e. at a horizontal distance of not less than 30 m from bystanders (the distance may be reduced to 5 m only if the pilot is operating a UAV with a slow speed mode function activated and after assessing the situation in terms of weather conditions, UAV performance and area separation);
• A3 – operations away from people, in an area where the UAV pilot can be confident that the operation will not, under normal circumstances, pose a threat to bystanders.

Specific category operations

Operations in the specific category carry a higher risk than the open category and require a detailed risk assessment and obtaining an authorisation or submission of a declaration of the standard scenario by the UAV system operator to the President of the CAA. Obtaining an operational permit depends, inter alia, on the UAV system operator carrying out a risk assessment in accordance with the guidelines of the President of the CAA. Its purpose is to ensure the safe development, evaluation and conduct of UAV operations.

Carrying out operations in the specific category on the basis of the standard scenario does not require a permit, but only the submission of an appropriate declaration by the operator.

Specific category operations should be performed in accordance with the operational constraints specified in an authorisation or in the standard scenario and include both VLOS and BVLOS (beyond visual line of sight) operations.

This category allows UAVs with an MTOW greater than 25 kg to fly at altitudes greater than 120 m.

Certified category operations

Certified category operations are operations of the highest complexity and risk and may include flights over crowded places, the transport of people or the transport of hazardous materials. This category requires additional UAV design requirements, UAV registration and certification.

UAV-free zones?

Taking a comprehensive approach to safety issues, lawmakers introduced new provisions into the Aviation Act requiring PANSA (Polish Air Navigation Services Agency) to designate geographical zones where UAV operations are restricted or prohibited. This is a major change from the current situation, where restrictions on the use of UAVs were mainly based on safety rules and local regulations. On the basis of the new regulations, PANSA will be able to formally designate the zones in which UAV flights will be prohibited or require additional authorisation, either on its own initiative or at the request of authorised entities.

Detailed rules for the designation of such geographical zones will be set out in a regulation to be issued by the Minister of Infrastructure.

“Control tower” for UAVs

The new regulations are intended to help eliminate, or at least significantly limit, the “lawlessness” of UAV pilots. Currently, any operation using the UAV system must be notified to PANSA through a special Drone Tower application, which not only allows the planned flight to be checked in, but also allows non-verbal communication with TWR controllers and FIS informants. For example, in the case of an air rescue helicopter flight, the controller will be able to order (and the FIS informant will be able to suggest) the UAV pilot to stop the operation immediately.

Through the Drone Tower, air traffic services will also be able to modify the parameters of the planned or executed UAV operation, e.g. by changing the flight altitude or shortening the flight time.

Through the Drone Tower application, the UAV system operator and the UAV pilot will be able to check the geographical zones where UAV traffic has been banned or restricted.

New regulations – mandatory registration

As I have already mentioned, the Aviation Act has introduced a provision that requires the registration of UAVs used to perform operations in the “certified” category. This means that only UAVs that meet strictly defined design and technical requirements and whose design, production and maintenance are subject to certification in accordance with Regulation 2019/945 will be subject to registration. Separate UAV registers have been established for the Military Police, Police, Border Guard, State Fire Service, National Security Agency, Internal Security Agency and Intelligence Agency.

The amendment also introduced a register of operators of UAV systems. The following are subject to registration in the register:

1. UAV system operators conducting operations in the open category with the use of UAVs:

• of MTOW of at least 250 g capable of transmitting kinetic energy in excess of 80 J to humans in the event of impact; or
• equipped with a sensor capable of collecting personal data (e.g. a camera)

2. UAV system operators performing operations in the specific category regardless of weight.

Operator with third party liability insurance

Another important obligation introduced under the new regulations is the need for all operators of UAV systems with a MTOW of between 250g and 20kg to have third party liability insurance. The insurance is intended to cover damage caused by UAVs during flight operations. It is worth noting that this obligation applies to both operators – natural persons (including recreational users of UAVs), as well as legal persons and defective legal persons engaged in commercial activities.

It is difficult not to praise this change. The dynamic development of the UAV market and their growing popularity have measurably increased the risk of incidents involving them. We are talking about situations such as an unmanned aircraft falling on someone’s property, personal injury, invasion of privacy or collision with another aircraft.

However, this obligation will not come into force until 9 months after the date of the announcement, i.e. 12 November 2025.

Powers of the services

A number of uniformed services and formations have been given control rights over people using UAV systems. Officers and soldiers will be able to check that UAV operations are carried out in accordance with the law and to issue binding instructions. There is no obligation to announce such an inspection.

In addition, soldiers and officers of strictly defined formations have gained the right to take control of the UAV or even destroy it in enumerated situations. This is a provision that will certainly be controversial and give rise to numerous disputes, but objectively it must be considered positive. Finally, the services have been given a legal instrument that will enable them to react effectively in the event of a threat to health or life, for example, or a violation of the space above the protected installation. In the context of the ongoing war in Ukraine and the ever-increasing tensions in our part of Europe, this solution seems fully justified.

Unmanned future?

There is no doubt that unmanned aerial vehicles will become an increasingly common sight in our skies. Their popularity is growing as the range of UAVs available on the market expands. We should not be under any illusion that this development will suddenly stop.

It is therefore good that the law introducing detailed regulations on unmanned aerial vehicles has finally been passed and signed by the President. It is just regrettable that we have had to wait more than five years since the provisions of Regulation 2019/947 came into force.

[1] Act of 24 January 2025 amending the Aviation Act and certain other acts (Journal of Laws, item 179)
[2] Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 of the European Parliament and of the Council and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council,  and repealing Regulation (EC) No 552/2004 and (EC) No 2016/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91
[3] Commission Implementing Regulation (EU) 2019/945 of 24 May 2019 on the rules and procedures for the operation of unmanned aerial vehicles