Aeromodelling in the light of drone regulations

The rapid growth of the drone market has meant that under the term unmanned aerial vehicles (UAV), we see primarily multi-rotor vertical take-off and landing devices. The most common ones are lightweight and at the same time very stable. They can also float in the air without moving. An additional advantage is that they are easy to control and manoeuvre. One should not forget, however, that before these types of devices began to take to the air, the lead was taken by members of aeronautical modelling clubs and associations.

However, the issue of aeromodelling has not been forgotten by the EU legislator. It is regulated in Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on rules and procedures for the operation of unmanned aircraft. The specific approach to the subject is evidenced at least in paragraph 27 of the preamble:
“As model aircraft are recognised as unmanned aerial systems and given the high level of safety evidenced by the operation of model aircraft in clubs and associations so far, it is necessary to ensure a smooth transition from the different national regimes to the new EU regulatory framework so that model aircraft clubs and associations can continue to operate in the same way as they do today, also taking into account existing best practices in the Member States.”

It can be concluded from the above that the Commission has taken into account in a peculiar way – compared to ‘standard’ UAV pilots – the higher degree of professionalisation of the users of these models.

It would seem that model aircraft are not the same as unmanned aerial vehicles, but Regulation 2018/1139 equates these categories of aircraft for the application of its provisions, if the models are used gów recreational purposes. The legislative act specifies that the implementing and delegated regulations should take into account that such model aircraft have so far had a good safety record, in particular models operated by members of modelling associations or clubs that have developed specific codes of conduct for such activities. In addition, when adopting these delegated and implementing acts, the Commission should take into account the need for a smooth transition from the individual national regimes to the new EU regulatory framework, so that model aircraft can continue to be operated as they are today, and should also take into account existing best practices in the Member States (recital 34 of Regulation 2018/1139).

According to Article 2(10) of Regulation (EU) 2019/947, ‘aeromodelling club or association’ means an organisation legally constituted in a Member State for the purpose of recreational flying, demonstration flying, sporting activities or competition using unmanned aerial systems.

Relevant from the modellers’ point of view is Article 16 of Regulation (EU) 2019/947, which provides for the possibility to exempt a number of provisions that limit the possibility to perform drone flights performed within the framework of aerial modelling clubs or associations. These provisions are intended to provide a way for aeromodelling enthusiasts to continue their hobby activities in a similar way as before and to allow modelling, as an aeronautical sport (including the conduct of competitions), for recreational flying, demonstration flying – in the same way as before the new regulations came into force.

Important for modellers is the fact that the transitional period foreseen for them, in accordance with Article 21(3) of Implementing Regulation 2019/947, came to an end on 31.12.2022. From 1.01.2023, operations using unmanned aircraft systems within aeronautical modelling clubs or associations may be carried out once the club and association and each member of the club or association have registered with the UAV operator registration system.

In order to fly within the framework of aeronautical modelling clubs or associations from 1 January 2023, it is necessary to apply to the President of the Civil Aviation Office for a permit to operate within the framework of aeronautical modelling clubs and associations. This permit will contain the conditions under which the operations may be performed and is limited to the territory of Poland.

The President of the Authority has at least 30 days to issue the authorisation.

The club or association, once approved, will be responsible for supervising the members of the organisation and ensuring that:

1. affiliated pilots are informed of the conditions and restrictions set out in the permit issued to their organisation;
2. . affiliated pilots shall be supported in achieving the minimum level of competence required to operate a remotely piloted flying model in a safe manner and in accordance with the conditions and limitations specified in the authorisation;
3. a model flying club or association shall take appropriate action if it becomes aware that a model flying pilot operating within the club or association is not complying with the conditions and restrictions set out in the permit and, if necessary, shall inform the Civil Aviation Authority;
4. the aeronautical modelling club or association shall make available, on request to the Civil Aviation Authority, the documentation required for supervision and monitoring purposes.

Importantly, it is important to emphasise that the authorisation of operations within aeronautical modelling clubs and associations does not exempt from the obligation to register with the UAV operators’ register.

An application for an operating permit for aeronautical model clubs and associations must be submitted using the template available at: https://ulc.gov.pl/_download/Drony/Wniosek_o_zezwolenie_modelarze_30_11.docx.

When filling it in, the entity concerned must, inter alia, indicate:

1. registration number from the register of operators of Unmanned Aircraft Systems belonging to an aeronautical modelling club or association generated from the drones.ulc.gov.pl/ system in accordance with Article 14 of Regulation (EU) 2019/947;
2. the name of the club or association declared during registration in the drones.ulc.gov.pl/ system;
3. the number in the National Court Register (KRS) or in the Register of Ordinary Associations kept by the supervising authority competent for the seat of the ordinary association;
4. the exact address of the registered office of the club or aircraft modelling association;
5. the contact details of the person responsible for the operations of the club or air model association and for answering any questions concerning the submitted documentation from the Civil Aviation Authority. If this is a person other than the one entered as the representative of the club or association in the KRS or in the Register of Ordinary Associations, a power of attorney to represent the club or association in question must be attached to the application;
6. the locations where the modelling club or association intends to carry out operations, indicated e.g. by geographical coordinates;
7. the purpose of the operation – for example, recreational flying, demonstration flying, sports activities or conducting competitions using unmanned aircraft systems. All the purposes of the operation that the club in question will carry out must be indicated. In the case of demonstration flights, the requirements set out in Article 123 of the Act of 3 July 2002 must be met. Aviation Law (Journal of Laws of 2022, item 1235, as amended) for air shows;
8. Type of operation – VLOS (flying within visual line of sight) or BVLOS (flying beyond visual line of sight);
9. the maximum altitude at which flying model operations will be performed and the maximum flight range (horizontal distance of the flights performed);
10. the minimum age of a person who can be a member of the association – specified in the statutory documents of the club or the aeronautical modelling association (e.g. statutes or by-laws). Indicate the point in the statutory document of the aeronautical modelling club or association attached to the application;
11. the required skills and competencies that a pilot must possess to fly within the above mentioned club or aero-modelling association. Reference may be made to a point in the documentation attached to the application.

Enclosures to the application should be a stamp duty receipt of PLN 10 for issuing a permit for operations in the ‘special category’ by decision. In the title it should be written: “Name of UAV operator, stamp duty for issuance of permit for operations performed within aeronautical modelling clubs and associations”.

For, pursuant to Article 261 of the Code of Administrative Procedure, there is an obligation to pay stamp duty for issuing a permit for operations by way of a decision. The stamp duty is set out in the Annex to the Act of 16 November 2016 on stamp duty (Journal of Laws 2022, item 2142, as amended). Stamp duty for the issuance of a permit for operations within aeromodelling clubs and associations should be paid to the Taxpayer Service Centre of the City of Warsaw by bank transfer to the bank account number 21 1030 1508 0000 0005 5000 0070 or in cash at the cash desk of the Taxpayer Service Centre, 57 Obozowa Street, 01-161 Warsaw.

The application shall also be accompanied by a copy of the document setting out the organisational structure of the club or aeronautical modelling association. In addition, the application should include as an attachment a copy of the third-party liability insurance or a document stating that the aeronautical modelling club or association has paid the premium for this insurance. According to Article 209(1) of the “Aviation Law”, there is an obligation to have third party liability insurance when operating a UAV with an MTOM ≥20 kg. In terms of third-party liability, the minimum guarantee amount of insurance in the event of an accident for each aircraft for UAV with an MTOM of up to 500 kg is 0.75 SDR. For more information, see Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (OJ EU L 138, 30.4.2004, p. 1; OJ EU Polish Special Edition, Chapter 7, Vol. 8, p. 160).