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The most important changes in the government decree - detailed rules

22 March 2022 by 0 Comments

Some important detailed rules were published in the 16th issue of Magyar Közlöny. You should start reading on page 45, at this link: HERE

38/2021 on the amendment of certain aviation-related government decrees. (II. 2.) Government decree amended six government decrees, among the amended decrees 4/1998 on the use of Hungarian airspace. (I. 16.) The most important changes of the government decree are taken over in this article.

The detailed rules contain a considerable amount of cross-references, we undertook to systematize them and particularly focused on the new rules. Official information will surely arrive soon.

When should emergency airspace be designated?
Contingent airspace shall be designated to maintain aviation safety for UAS operations conducted by unmanned aerial vehicles, if
• required by law, see e.g. operations above the inhabited area, this is prescribed by a law, namely § 5. (3) of the Lt.;
• prescribed by government decree,
• the operation cannot be carried out according to the general rules contained in Regulation (EU) 2019/947,
• 4/1998 on the use of Hungarian airspace. (I. 16.) According to the rules of the Government Decree, the operation cannot be carried out.

The above list raises questions of interpretation, we expect an official position.

Where can UAS operations not be conducted?
1. In restricted airspace, except for: averting a disaster, emergency situation, national security, maintaining or restoring public order or public safety, based on national defense interests or for research purposes.
2. In restricted airspace, unless the regulations for the use of that airspace are met.
3. In dangerous airspace and periodically restricted airspace, during its operation period.
4. In No Drone zones.
5. In the traffic information area, unless the airport operator has agreed.
6. In the airspace of the RMZs and TMZs listed in the separate decree, unless the competent air traffic service provider has given its consent (joint decree 26/2007, annex III, table 5).
7. III. and IV. within a radius of 2 km from the reference point of class airports , except with consent.
8. Within a radius of 750 meters from the reference point of Class V airports , except with consent.
9. In Drope Zone airspace during its operating hours , except with consent and fulfillment of other conditions.
10. Protected facilities, protected persons, particularly important facilities in a 200-meter radius from the reference point. (Background legislation: Act XXXVI of 2012; Government Decree 160/1996 (XI. 5), BM Decree 24/1997 (III. 26).
11. Featured national memorial sites, within 500 meters from the reference point of designated European and national system elements of vital importance (Background legislation: Act LXIV of 2001; Act CLXVI of 2012)

Do you need two mobile devices or switch back and forth between apps?
The regulation requires continuous monitoring, which also raises questions. Do you expect us to fly blind for seconds while we check the area bans in action?

The remote pilot or unmanned state aircraft operator, after providing the necessary identification data during the UAS operation, through the MyDroneSpace website and mobile application (hereinafter referred to as: Interface) supporting the use of unmanned aircraft - the UAS performed with an unmanned aircraft or unmanned state aircraft by marking the area affected by the operation - before each take-off and during operation, it continuously checks that the execution of the flight over the given area is not prohibited. A fee may be established for the use of the Surface.

Attention! Until July 31, 2021, this rule shall not apply during a UAS operation conducted by a remote pilot or unmanned government aircraft operator in contingent airspace activated under applicable rules.

Another interesting rule
Outside the No Drone zone, but within CTR (controlled airspace), UAS operations can be carried out up to a height of 40 meters, no air traffic control permit, flight plan, transponder and radio equipment are required. At 41 meters, it is already a requirement that we have a radio, transponder and flight plan, if we otherwise meet the other requirements in the CTR.

Destination of UAS operations by priority:
1. Operation carried out in order to carry out the task of a state body: an activity carried out with an unmanned aerial vehicle in order to carry out the task of a state body or organization performing a public task, by or on behalf of the state body or organization performing a public task.
2. Operation for economic purposes: the use of an unmanned aerial vehicle to order or for own purposes, as an economic activity or related to an economic purpose, including in particular filming, the production of press products or the taking of images for commercial purposes.
3. Recreational operation: the use of an unmanned aerial vehicle for recreational purposes, not related to economic use, and not for the purpose of performing the tasks of a state body.

This classification must be carried out in all cases and we must declare it if it is necessary to designate an airspace on an ad hoc basis.

The ground surface can be established as the lower limit of the required airspace. If the action is for recreational purposes, the decision also includes a notice of the following:
• about the minimum reference height in order to ensure the protection of the right to privacy,
• and that there may be criminal or criminal consequences if we violate the right to privacy

The hobby purpose is relegated to the background: occasional airspace may NOT be designated for a leisure operation, if occasional airspace has been requested for the same period (or part of the same period) and airspace for an economic operation or for the performance of the task of a state body.

The task of the state body takes precedence over everything else: ad hoc airspace cannot be designated for commercial UAS operations, if ad hoc airspace has been requested for the same period (or part of the same period) and airspace for the performance of the task of a state body.

Even the rights acquired and exercised in good faith will not be taken into account by the military aviation authority if an emergency airspace is designated, and then after the decision is made, a request is received from which it is determined that an emergency airspace could not have been designated because there is a priority situation according to the above . In such a case, the previously issued decision will be amended or revoked.

The occasional airspace designation is suspended if the relevant body restricts its use:
• in order to protect protected persons who are particularly important from the point of view of the interests of Hungary,
• in order to secure events and events that are particularly risky from the point of view of public safety,
• for the purpose of preventing, averting, liquidating an event that particularly harms or endangers the security of the nation, the persons or property of citizens, as well as for the implementation of fire protection, technical rescue and disaster prevention tasks,
• in order to maintain or restore public order,
• for the purpose of detecting a crime or carrying out law enforcement activities,
• at the site of the traffic accident and its surroundings in order to conduct an inspection in accordance with the relevant procedural rules.

In order to investigate a traffic accident or other traffic incident, a restriction can be ordered for 12 hours, which can occasionally be extended by another 12 hours, but it cannot last longer than the end of the event that caused the restriction.

Attention! If these restrictions are ordered before July 31, 2021 and they affect occasional airspace designated for UAS operations, the person ordering the restriction will notify:
• the airspace applicant,
• or, if assigned, the person or organization responsible for the organization of air traffic.

The regulations regarding the content of the application have also been partially amended:
• The lower and upper limits of the requested airspace can be established at the height from the earth's surface in the event that the emergency airspace is requested for the purpose of UAS operations of unmanned aircraft or unmanned state aircraft. When determining the height from the ground surface, the lower limit of the required airspace can be determined as the ground surface, and as the upper limit, a maximum of 120 meters from the ground surface can be determined. In other cases, the request must contain the lower and upper limits in AMSL, in the case of altitude above the conversion altitude, in flight level.
• If this has been assigned, the name, address or seat and telephone contact of the person or service responsible for organizing air traffic in the airspace.
• A statement that the applicant must make, stating that he/she is aware of the rules related to the protection of privacy, and complies with them.

When should we submit the application?
The application for the designation of ad hoc airspace must be submitted to the military aviation authority at least thirty days before the planned use - on the electronic form organized by the military aviation authority and published on its website. The military aviation authority maintains contact with the customer electronically.

Exception rule:
In the case of use over a populated area, it must be submitted to the military aviation authority at least five working days (attention, not a calendar day!) before the planned use - on the electronic form regulated by the military aviation authority and published on its website, if
• the purpose of the UAS operation is an operation carried out in order to carry out the task of a state body,
• the upper limit of the requested airspace does not exceed 120 meters from the surface of the earth, and
• the requested ad hoc airspace does not overlap with the airspace defined in the decree.

Mandatory attachments:
• the opinion of the competent air traffic service provider on the safe provision of the air traffic service,
• security analysis,
in the event that :
• the allocation of emergency airspace is planned in controlled airspace,
• or designed in an airspace in which AFIS is provided,
• or there is less than 300 meters between the altitude limits of the requested airspace and the controlled airspace or the airspace providing AFIS, or less than 4.6 km from its lateral boundary.

How long can the occasional airspace be requested?
• The aviation authority may authorize the use of restricted airspace for a maximum of thirty days .
• Occasional airspace can be designated for the duration of the event or event that is the reason for the airspace designation, but for a maximum of seven days .

We must make a prior notification to the aviation authority if we plan to operate in a restricted airspace defined in the special regulation (including restricted airspace from an environmental protection point of view). We must attach a consent from the competent organization to this notification, and we must make the notification at least three days before the planned operation is carried out.

What can we read from the MyDroneSpace mobile application?
Display of current airspace data registered by HungaroControl. In addition, several organizations upload data to the system, and after uploading, we can IMMEDIATELY get to know, for example:
• the restrictions in a 200-meter radius from the reference point of protected facilities, protected persons, and particularly important facilities,
• airspace restrictions over the area of ​​the prominent national monument,
• restrictions imposed in a 500-meter radius from the reference point of designated European and national vital system elements,
• the airspace defined for the protection of flights performed by state aircraft other than unmanned state aircraft at an altitude of no more than 150 meters above the ground,
• as well as the restrictions that we have already listed in a paragraph above (suspension of the designation of occasional airspace).

Unauthorized use of Hungarian airspace
Unauthorized use of Hungarian airspace is made by an unmanned aircraft that does not comply with the legal requirements for the operation and use of unmanned aircraft in order to use the airspace.

An unmanned aircraft participating in air transport can be intercepted (intercepted), identified, its operation can be disrupted electronically, it can be ordered to land, and it can be forced to the ground electronically or mechanically ,
• which violates the legislation on aviation and the operation of unmanned aerial vehicles, thereby endangering the safety of aviation or the integrity of privacy;
• which poses a threat to the security of the protected facility;
• which is used for an illegal purpose;
• which can be reasonably assumed to be using its flight for the illegal transport of various substances - especially weapons or drugs - or for the non-compliant transport of dangerous substances;
• which uses Hungarian airspace without authorization.

Who is authorized to take action? That is, who has the right to detain, identify, etc.?
• the Hungarian Defense Forces,
• the Military National Security Service,
• the Office for the Protection of the Constitution,
• the National Security Service,
• the Information Office,
• the Anti-Terrorism Center,
• the Parliamentary Guard,
• designated bodies performing law enforcement tasks under the control of the Minister of the Interior are entitled to do so.

In addition to the above, e.g. the operator of the Paks Nuclear Power Plant is also obliged to detect the unmanned aerial vehicle in the legally designated airspace protecting the Paks Nuclear Power Plant.

The summary was prepared by the professional partners of Duplitec Kft. , Dr. Mónika Richlach and Károly Pál.

image: mydronespace

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