31 May 2012. Issue 60 of the "ESPI Perspectives" series presents recent developments in the adoption of a regulatory framework for the operation of Unmanned Aircraft Systems in Poland.
The needs and possibilities concerning UAS are broad and will be growing, not only because of military, but also because of civil needs. Due to the lack of regulations, there are many questions to raise (certification, classification, registration, airworthiness, personnel licensing, collision avoidance, rules of the air, meteorology, aeronautical communications, security, environmental protection, responsibility, insurance).There are still many debates among policy makers and lawyers concerning future UAS regulations. Some recommend that the rules should not be more restrictive than existing ones concerning civil manned aircrafts. Looking at the Polish example of amendments to the Aviation Act it can be observed that leaving regulation to national parliaments is a long, costly and risky process. There is a necessity for preparing a proper UAS regulation (hard law) at European level, which will facilitate the process of preparing national laws and apply the same UAS principles for all EU countries.'
Małgorzata Polkowska, author of “ESPI Perspectives 60”
Malgorzata Polkowska has a PhD (2002) in Law from the Warsaw University (Poland). She has worked as an academic teacher of International, European and Polish Air Law in distinguished research institutions in Poland, such as the Academy of National Defense, the High School of Economics, or the National School of Prosecutors and Jurists. She has also given numerous lectures on this topic to aviation personnel. From 1998 to 2003 she worked at the legal department of Polish Airlines LOT, where she was also accredited as a cargo instructor by IATA and gave relevant seminar courses on air transport issues. In this context, she also authored relevant corporate instructions and procedures and co-authored the LOT corporate manual on “Cargo Carriage”. From 2003 to 2011 she has been employed as a legal adviser to the Legislation Department of the Polish Civil Aviation Office. Her field of responsibility includes the monitoring, analysis and elaboration of National, European and International legislation pertinent to air traffic law. Within the framework of her responsibilities, she was involved in the formulation of Poland’s Aviation Act. Furthermore, she participated in several seminars, conferences and training courses in the civil air domain organised by ICAO (where she represented Poland), IATA, the European Commission, EUROCONTROL, EASA, as well as IASL McGill and Leiden Universities. Since 2011 she works as an Adviser to the CAO President for the Air and Space domain. She is also responsible for legal standardization processes in Poland and EASA, where she is also a member of AGNA. Finally, she continues to conduct research on Aviation and Space law, and she has authored more than fifty publications on this topic.