At the beginning of February this year, the Act of 24 January 2025 amending the Aviation Law and certain other acts (Dziennik Ustaw of 2025, Item 179) was published in the Journal of Laws.
The new regulations for unmanned aerial vehicles (drones) specify the rules for controlling their use, the authority of services to immobilize or destroy them, and introduce the requirement for the drone operators to take out compulsory third party liability insurance.
Drone usage control
Persons using unmanned aircraft systems may be subject to control by various state services in order to check the compliance of operations with the law. The powers of inspection include.: security services (ABW, AW, SKW, SWW, CBA, Police, Border Guard, SOP, Customs and Fiscal Service, Prison Service, Marshal’s Guard, inspectors of the Bureau of Internal Supervision, Armed Forces of the Republic of Poland, Military Police), municipal and communal guards, forest guards (in forest areas), Park Guard (in national parks), State Fire Service (if the flight of the drone threatens the safety of firefighters).
The drone operator must follow the instructions issued by the persons carrying out the control.
Possibility of destroying or disabling the drone
Under the new regulations, a drone may be destroyed, immobilized or taken over by the mentioned above services if its flight:
To destroy or immobilize an unmanned aircraft or to take control of its flight, all the entities listed in paragraph 1 are entitled. However, all their actions must comply with the Act of 24 May 2013 on Direct Coercion Measures and Firearms.
Mandatory third party liability insurance for drone operators
The new legislation also introduces mandatory third party liability insurance for drone operators with a take-off weight between 0.25kg and 20kg.
Operators must take out an insurance policy covering damage caused while using a drone. Mandatory third party liability insurance for owners of unmanned aerial vehicles also covers the liability of the pilot or operator for damage resulting from the destruction, immobilization or takeover of the drone by the services.
The entities referred to in paragraph 1 are authorized to verify compliance with the obligation to conclude an insurance contract.
Lack of third party liability insurance results in the imposition of a fine of PLN 4,000 (approx. 950 EUR).
Details regarding the scope of insurance and the minimum sum assured will be specified in the regulation of the Minister of Finance and Transport.
Entry into force
The Act amending the Aviation Law enters into force after 14 days, starting from 12 February 2025. On the other hand, the provisions on third party liability insurance and penalties for lack thereof enter into force after 9 months from the date of announcement.
Summary
The new regulations strengthen supervision over operations performed using drones, increase the powers of services to control them and immobilize them in the event of a threat. They also introduce the obligation to have third party liability insurance, which is to increase the liability of operators for possible damages.
Author: Ewa Kulma, Lawyer
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