https://doi.org/10.26552/aer.C.2020.2.

NEW REGULATIONS FOR UAS FLIGHTS

INFORMATIVE ARTICLE

Branislav Kandera Filip Škultéty Benedikt Badánik

Air Transport Department Air Transport Department Air Transport Department
University of Žilina University of Žilina University of Žilina
Univerzitná 8215/1 Univerzitná 8215/1 Univerzitná 8215/1
010 26, Žilina 010 26, Žilina 010 26, Žilina
branislav.kandera@ fpedas.uniza.sk [email protected] benedikt.badanik@ fpedas.uniza.sk

Abstract
The paper deals with the legislation in the field of unmanned aircraft systems (UAS) in the Slovak Republic. The main goal of the paper is to
analyse the current legislative framework, which sets the basic rules and restrictions. The article’s contribution is a description of the latest
Implementing Regulation (EU) 2019/947. The solution to the issue consists of an analysis of the requirements for changes in current legislation
based on people’s experience from practice. The reason for the changes is to facilitate flying with UAS for all user groups, provided that safety is
maintained, and risks are minimised. These new regulations are causing the most significant changes, especially for organisations that will
perform aerial work with the UAS in the Specific category. These organisations need to transform their operations manuals and extend the aerial
work system with a risk analysis.

Keywords
UAS, legislation, EASA, Slovak Republic, operation, implementing regulation

Introduction Decision No 2/2019

The new European legislation has brought significant changes The Transport Authority, as a state administration body
to UAS air traffic. On the one hand, it simplifies the possible competent pursuant to § 7 par. 2 of Act No 143/1998 on Civil
commercial operation of “hobby pilots”. On the other hand, it Aviation (Aviation Act) and on Amendments to Certain Acts, as
requires a marked change in previously approved aviation amended later regulations, in conjunction with Art. 1 par. 4 of
organisations’ procedures through the UAS. Commission Implementing Regulation (EU) No Regulation (EU)
No 923/2012 of 26 September 2012 laying down common rules
This article provides an overview of the new European
of the air and operating provisions for air traffic services and
legislation that is coming into force across the EU Member
procedures and amending Implementing Regulation (EU) No
States. The first part is devoted to Decision No. 2/2019 issued
216/2008 1035/2011 and Regulation (EC) No 1265/2007, (EC)
by the Transport Authority of the Slovak Republic. It describes
No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU)
the common rules of category A3 and category B. It is followed
No 255/2010, as amended, taking into account Annex IX of
by an explanation of the latest EC implementing regulations.
Regulation (EU) 2018/1139 of the European Parliament and of
These Regulations are described in terms of novelty.
the Council from 4 July 2018 on common rules in the field of
civil aviation, establishing a European Union Aviation Safety
1.1. Literature review Agency and amending Regulation (EC) No 2111/2005, (EC) No
1008/2008, (EU) No 996/2010, (EU) No 376/2014 and
Following documents, Decision No 2/2019; Commission
Directives 2014/30/EU and 2014/53/EU of the European
Implementing Regulation (EU) 2019/947) and Commission
Parliament and of the Council and repealing Regulations (EC)
Implementing Regulation (EU) 2019/945) are an essential part
No 552/2004 and (ES) No 216/2008 and Council Regulation
of the studied material. In addition, the following articles were
(EC) No 3922/912 and respecting other special regulations,
studied, which dealt with UAS concerning their various uses
determines in agreement with the Ministry of Defence of the
within the applicable regulations.
Slovak Republic the conditions of the flight of unmanned
UAS regulations review by Pecho et al. was done during aircraft in the airspace of the Slovak Republic.
scrutiny of technology in the process of UAV missions.
For the purposes of this Decision, the following definitions shall
Ažaltovič et al. (2020) calculated the ground casualty risk
apply:
during aerial work of Unmanned Aerial Vehicles in the urban
areas. Regulations for UAS operations were considered in the (a) autonomous aircraft means an unmanned aircraft
flight inspection scope with unmanned aircraft (Novák et al., equipped with an independent control system that
2020). Unmanned Aircraft Vehicle Flight Precision was does not allow human intervention in the aircraft’s
measured by Sedláčková, A.N. et al. (2020). control during flight.

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 (b) remotely piloted aircraft (unmanned pilot-operated flight, the UAS pilot must immediately safely terminate the
aircraft) from a control station not located onboard flight. An UAS may not be used to perform commercial air
the aircraft. transport. An unmanned aircraft shall not be used to spray
chemicals or for dropping objects; this does not apply in the
(c) model aircraft means an aircraft model according to case of aerial work, which may be performed only based on a
a special regulation with or without an engine, which permit from the Transport Authority issued in accordance with
is not equipped with a device enabling automatic a special regulation.
flight to a designated place, is controlled by a pilot at
a distance throughout the flight by a control station An UAS pilot is obliged to thoroughly acquaint himself/herself
and with which the pilot maintains direct visual with actual conditions in accordance with:
contact.
(a) the meteorological situation at the place of flight,
Unmanned aircraft system (UAS) flight means any unmanned
aerial vehicle operation from start-up, take-off to landing. (b) use of airspace at the time and place of the flight,
Automatic flight means a method of conducting a flight by an
(c) the operating conditions of the UAS,
unmanned aircraft, during which the unmanned aircraft
independently performs predetermined turns or flight tasks, (d) the manufacturer’s instructions for the safe
the remote pilot being able to intervene in the control of the operation of the UAS,
unmanned aircraft at any time.
(e) the UAS airworthiness and performance limitations,

2.1. UAS categories (f) the flight procedures and emergency procedures
• Class C0 UAS, a remotely piloted aircraft or an aircraft specified by the manufacturer.
model with a maximum take-off mass not exceeding 250 g, It is prohibited to operate an UAS at night unless otherwise
provided. A flight may not be conducted within specified
• Class C1 UAS, a remotely piloted aircraft or an aircraft
model with a maximum take-off mass, which is greater horizontal boundaries, and vertical boundaries of restricted
than 250 g and does not exceed 900 g, airspace activated restricted airspace, temporarily segregated
airspace, and temporarily reserved airspace. Unmanned Aerial
• Class C2 UAS, a remotely piloted aircraft or an aircraft Vehicles Classes C0 to C4 and UAS with a maximum take-off
model with a maximum take-off mass, which is greater mass 25 kg or more shall be equipped with a back-up radio
than 900 g and does not exceed 4 kg, communication and control system which, in the event of loss
of signal or failure, shall make a safe forced landing or shut
• Class C3 UAS a remotely piloted aircraft with a maximum down the engine and set rudders to a predefined position.
take-off mass, which is greater than 4 kg and does not
exceed 25 kg and has a typical size of less than 3 m,
2.3. Operation subcategory A3
• Class C4 UAS, an aircraft model with a maximum take-off UAS ‘open’ operations category is divided into three
mass, which is greater than 4 kg and does not exceed 25 subcategories A1, A2 and A3, based on operational limitations,
kg, requirements for the remote pilot and technical requirements
for UAS. For the purposes of this study, the A3 category is
2.2. General conditions for UAS flight analysed. The UAS flight may be conducted:

ACCORDING TO A SPECIAL REGULATION, an UAS flight may be (a) at a minimum distance of 50 m (0.027 NM) from
performed if the basic requirements comply with the following third persons in such a way, they are not endangered
rules. by the operation (considering the propulsion and
performance of the UAV).
A pilot must not fly an UAS if he/she is under the influence of a
psychoactive substance. Flight by an UAS may be performed in (b) in meteorological conditions for flight in visibility,
uncontrolled airspace of class G at a maximum height of 120 m unless otherwise specified,
(400 ft) above the highest obstacle within a radius of 30 m
(0.016 NM) from UAS; this does not apply in the case of a flight (c) maintaining direct visual contact with the UAS,
within an Aerodrome Traffic Zone (ATZ) in coordination with
(d) at a horizontal distance not more than 1 000 m (0.54
the aerodrome’s operator. An UAS must not be equipped with
NM) from the pilot at a distance,
a pulsating or rocket engine; this does not apply if the rocket
engine is used for take-off. The flight by an UAS shall be (e) in an aerodrome control zone (CTR) without
performed so that the safety of other aircraft, persons and coordination with the appropriate air traffic control
property on the ground is not endangered and that the unit at a minimum distance 5.6 km (3 NM) from the
protection of the environment against noise and emissions aerodrome reference point (ARP) and up to a height
from pollutants is ensured. The prohibition of endangering not more than 30 m above ground level (AGL),
other aircraft does not apply to each other between remotely
piloted aircraft models subject to the participating UAS pilots’ (f) in such a way that densely populated areas of cities,
prior agreement and adopting appropriate safety measures. municipalities, zones or urban concentrations,
The UAS pilot must observe the surroundings, obstacles, and gatherings of people in the open air, buildings,
air traffic and avoid them. If an emergency occurs during a airport protection zones, protection zones of

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 aeronautical ground facilities or protected areas are accordance with conditions to be made by a UAS
not flown, pilot;

(g) provided that the pilot with an UAS (with a maximum (c) UAS operations in the ‘certified’ category shall
take-off mass 20 kg or more) has insurance for the require the certification of the UAS according to
damage caused by the operation to third parties. Delegated Regulation (EU) 2019/945 and the
certification of the operator and, where applicable,
the licensing of the remote pilot.
2.4. Operation category B
An UAS flight under the conditions of operation category B may
be performed in accordance with the general flight conditions 3.1.1. ‘Open’ category of UAS operations
referred in 2.2. and: Operations shall be classified as UAS operations in the ‘open’
category only where the following requirements are met:
(a) with the approval of the Transport Authority and the
conditions specified for the operation of the UAS, (a) the UAS belongs to one of the classes set out in
unless otherwise provided at night; if the drone is Delegated Regulation (EU) 2019/945 or is privately
equipped with adequate lighting; in controlled built or meets the conditions defined in Article 20;
airspace, if the drone flight is coordinated with the
air traffic control unit; at a distance less than 50 m (b) the unmanned aircraft has a maximum take-off mass
from third persons; and fly UAS with a maximum of less than 25 kg;
take-off mass of more than 25 kg.
(c) the remote pilot ensures that the unmanned aircraft
(b) provided that the operator of the UAS concludes and are kept at a safe distance from people and that it is
fulfils a contract of liability insurance for the damage not flown over assemblies of people;
caused by the UAS operation; keep a logbook or a
(d) the remote pilot keeps the unmanned aircraft in
document replacing it; holds a license to fly an
VLOS at all times except when flying in follow-me
unmanned aerial vehicle and a certificate of UAS
mode or when using an unmanned aircraft observer
registration.
as specified;
(c) apply for flight permission 30 days before the
(e) during flight, the unmanned aircraft is maintained
estimated date of the flight. Attached to the
within 120 metres from the closest point of the
application is also a risk analysis, prepared according
surface of the earth, except when overflying an
to the procedure published on the Transport
obstacle, as specified;
Authority website, which contains particular
requirements (Transport authority, 2019). (f) during flight, the unmanned aircraft does not carry
dangerous goods and does not drop any material.
Regulation (EU) 2019/947
Commission Implementing Regulation (EU) 2019/947 of 24 3.1.2. ‘Specific’ category of UAS operations
May 2019 on the rules and procedures for the operation of The competent authority shall specify whether the operational
unmanned aircraft is a new regulation which Slovak Republic authorisation concerns:
adopted from 1 January 2021 having regard to Regulation (EU)
2018/1139 of the European Parliament and of the Council of 4 (a) the approval of a single operation or more operations
July 2018 on common rules in the field of civil aviation and specified in time or location(s) or both. The
establishing a European Union Aviation Safety Agency, and operational authorisation shall include the precise
amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, associated list of mitigating measures;
(EU) No 996/2010, (EU) No 376/2014 and Directives
2014/30/EU and 2014/53/EU of the European Parliament and (b) the approval of a ‘light UAS operator certificate’
the Council, and repealing Regulations (EC) No 216/2008 and (LUC), in accordance with part C of the Annex.
(EC) No 552/2004 of the European Parliament. The UAS operator submits a declaration to the competent
authority of the Member State of registration according to
3.1. Categories of UAS operations point UAS.SPEC.020 laid down in Part B of the Annex for an
operation complying with a standard scenario as defined. The
UAS operations shall be performed in the ‘open’, ‘specific’ or
UAS operator shall not be required to obtain an operational
‘certified’ category defined as follows: authorisation in accordance with regulation.
(a) UAS operations in the ‘open’ category shall not be
An operational authorisation or a declaration shall not be
subject to any prior operational authorisation, nor to required for:
an operational declaration by the UAS operator
before the operation takes place; (a) UAS operators are holding a LUC with appropriate
privileges in accordance with point UAS.LUC.060 of
(b) UAS operations in the ‘specific’ category shall require the Annex;
an operational authorisation issued by the
competent authority or an authorisation received in

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 (b) operations conducted in the framework of model regularly evaluate the adequacy of the mitigation measures
aircraft clubs and associations that have received taken and update them where necessary.
authorisation.
he UAS operator may submit an operational declaration of
compliance with a standard scenario concerning operations of
unmanned aircraft with:
3.1.3. ‘Certified’ category of UAS operations (a) maximum characteristic dimension up to 3 metres in
Operations shall be classified as UAS operations in the VLOS over;
‘certified’ category only where the following requirements are
(b) maximum characteristic dimension up to 1 metre in
met the UAS is certified according to points (a), (b) and (c) of
VLOS except over assemblies of people;
paragraph 1 of Article 40 of Delegated Regulation (EU)
2019/945; and the operation is conducted in any of the (c) maximum characteristic dimension up to 1 metre in
following conditions: BVLOS over sparsely populated areas;
(a) over assemblies of people; (d) maximum characteristic dimension up to 3 metres in
BVLOS
(b) involves the transport of people;
(e) performed below 120 metres from the earth’s
(c) involves the carriage of dangerous goods that may
surface and in uncontrolled airspace (class F or G), or
result in high risk for third parties in case of an
controlled airspace after coordination and individual
accident.
flight authorisation in accordance with published
Besides, UAS operations shall be classified as UAS operations in procedures for the area of operation.
the ‘certified’ category where the competent authority, based
A declaration of UAS operators shall contain administrative
on the risk assessment, considers that the risk of the operation
information about the UAS operator, stating that the operation
cannot be adequately mitigated without the certification of the
satisfies the operational requirement. The UAS operator’s
UAS and of the UAS operator and, where applicable, without
commitment to comply with the relevant mitigation measures
the licensing of the remote pilot (Commission Implementing
required for the operation’s safety, including the associated
Regulation (EU) 2019/947).
instructions for the operation, for the design of the unmanned
aircraft and the competency of involved personnel.
3.2. Operation open subcategory A3
Confirmation by the UAS operator that an appropriate
UAS operations in subcategory A3 shall comply with all of the insurance cover will be in place for every flight made under the
following conditions: declaration if required by Union or national law. Upon receipt
of the declaration, the competent authority shall verify that
(a) be conducted in an area where the remote pilot
the declaration contains all the elements and shall provide the
reasonably expects that no uninvolved person will be
UAS operator with a confirmation of receipt and completeness
endangered within the range where the unmanned
without undue delay. After receiving the confirmation of
aircraft is flown during the entire time of the UAS
receipt and completeness, the UAS operator is entitled to start
operation;
the operation.
(b) be conducted at a safe horizontal distance of at least
UAS operators shall notify, without any delay, the competent
150 metres from residential, commercial, industrial
authority of any change to the information contained in the
or recreational areas;
operational declaration that they submitted. UAS operators
(c) be performed by a remote pilot who has completed holding a LUC with appropriate privileges are not required to
an online training course and passed an online submit the declaration (Commission Implementing Regulation
theoretical knowledge examination as defined; (EU) 2019/945).

(d) be performed with an unmanned aircraft that has an

MTOM, including payload, of less than 25 kg, in the Conclusions
case of a privately built UAS, or is marked as class C2 These new regulations are causing the most significant
and is operated with active and updated direct changes, especially for organisations that will perform aerial
remote identification and geo-awareness systems or; work with the UAS in the Specific category. These organisations
is marked as class C3 and is operated with active and need to transform their operations manuals and extend the
updated direct remote identification and geo- aerial work system with a risk analysis. The situation is more
awareness systems; or is marked as class C4. straightforward when operating in the ’open ’ category.

From 31 December 2020 to 1 January 2023, it is possible to fly

3.3. Operation specific category UAS without a class Identification label in the ’open’ category
The UAS operator shall provide the competent authority with under the following conditions:
an operational risk assessment for the intended operation in
accordance with general rules or submit a declaration when • UAS with less than 500 g MTOM cannot fly over people,
and National Aviation Authority determines pilot
pointing UAS.SPEC.020 is applicable unless the operator holds
competency;
a LUC with the appropriate privileges. The UAS operator shall

29
• drones with less than 2 kg MTOM can fly 50 metres or European Commission, 2019. Implementing Regulation (EU)
more (horizontally) from people, and the pilot must No 2019/945
undergo training equivalent to subcategory A2 (see the
FAQ section on training); Novák, A., Novák Sedlacková, A., Kandera, B., Lusiak, T., 2020.
Flight inspection with unmanned aircraft. In:
• drones with less than 25 kg MTOM can fly in areas free
from people, 150 metres or more away from properties, Transport Means - Proceedings of the International
and the pilot must undergo training equivalent to Conference, 2020, 2020-September, pp. 589
subcategory A3 (see the FAQ section on training).
Pecho, P., Magdolenová, P., Bugaj, M., 2019. Unmanned aerial
After 1 January 2023, it is also possible to fly UAS without class vehicle technology in the process of early fire
identification labels, however, only under the following
localisation of buildings. In: Transportation Research
subcategories of operation, for which operator shall comply
fully with: Procedia, 2019, 40, pp. 461–468

• Subcategory A1 when the drone’s maximum take-off Sedláčková, A.N., Kurdel, P., Labun, J., 2020. Simulation of
weight (MTOM) is less than 250 g; or Unmanned Aircraft Vehicle Flight Precision. In:
Transportation Research Procedia, 2020, 44, pp. 313–
• Subcategory A3 when the drone’s maximum take-off
weight is less than 25 kg. 320

On the other hand, the new regulation also makes it easier for Transport Authority, 2019. Regulation Decision No 2/2019
ordinary pilots to create aerial photographs commercially using
UAS in the open category.

Currently, in the Slovak Republic conditions, the biggest

problem is the non-compliance of national legislation with the
new European rules. The authority is currently working
intensively on this harmonisation of regulations, and we can
expect significant changes in national regulations in the near
future.

Further research will focus on in-depth scrutiny of

implementation regulations and analyse implementation
options for different UAS operators.

Acknowledgement
This publication was supported by the operational orogram
Integrated infrastructure within the project: Inteligentné
operačné a spracovateľské systémy pre UAV, kód ITMS2014+:
313011V422 and co-financed by the European Regional
Development Fund.

References
Ažaltovič, V., Škvareková, I., Pecho, P., Kandera, B., 2020.
Calculation of the Ground Casualty Risk during Aerial
Work of Unmanned Aerial Vehicles in the Urban
Environment. In: Transportation Research Procedia,
2020, 44, pp. 271–275

Bugaj, M., Novak, A., Stelmach, A., Lusiak, T., 2020. Unmanned
Aerial Vehicles and Their Use for Aircraft Inspection.
In: Proceedings of the 22nd International Conference
on New Trends in Civil Aviation 2020, NTCA 2020,
2020, pp. 45–50

European Commission, 2019. Implementing Regulation (EU)

No 2019/947

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