In previous parts, we explained drone operator registration and drone operation in protected areas. Today we will focus on another important area, which is pilot competency verification.

Drone operators sometimes mistakenly believe that their registration alone automatically entitles them to fly.. However, the opposite is true, and therefore it is important to distinguish between drone operator and pilotEvery pilot who controls a drone must meet the conditions corresponding to specific category of traffic.

Why is eligibility verification important?

A drone is legally an aircraft, so the pilot must demonstrate that they understand the basic rules of safe operation.

The purpose of verifying eligibility is primarily to:

• protection of people on the ground,
• air traffic safety,
• accident prevention,
• knowledge of airspace,
• ability to resolve crisis situations.

In practice, it's not just about controlling the drone itself. The pilot must also know the legal rules of operation.

When is pilot qualification mandatory?

The obligation to complete training or an exam arises in most cases of drone operation.

Typically if:

• the drone weighs more than 250 g,
• The drone has a camera,
• it is a commercial operation,
• the operation is carried out in open category A1/A3 or A2 or
• the operation is in a specific category.

Exceptions exist only for some very light drones and low-risk operations.

Pilot qualification in the open category

Unmanned system pilot registration

The first step is registration unmanned system pilot in the electronic system of the Civil Aviation AuthorityRegistration serves to uniquely identify the pilot and is a prerequisite for further steps, especially for passing the theoretical test.

The minimum age of a pilot is 16 years; in administrative proceedings, he is represented by his legal representative until the age of 18.

Online theoretical knowledge test

The next step is to successfully pass a theoretical knowledge test. Every pilot in the open category of operation must successfully pass this test in order to be able to operate an unmanned aircraft in subcategories A1, A2 and A3.

The test consists of 40 multiple-choice questions. To pass, you must get at least 75% correct answers. The time limit is 60 minutes and the test is fully online.

The questions are designed to test the pilot's basic knowledge of safe drone operation. They focus primarily on the following areas:

• aviation safety,
• airspace restrictions,
• basic aviation regulations,
• limitations of human performance,
• operating procedures,
• general knowledge of unmanned systems,
• privacy and data protection,
• insurance and
• protection against unlawful acts.

Test result and possible retake

After successfully passing the test, the pilot will receive proof of completion of online training, which serves as confirmation of meeting the theoretical requirements for operating a drone in the relevant category.

In case of failure, you can test repeatIf you fail on the second attempt, you must re-register as a pilot and go through the entire process again.

Specifics of subcategory A2

In addition to the successful taking an online test it is necessary to complete practical training in the form of self-study (must submit a declaration of completion) and pass another theoretical knowledge exam provided by the Customs Administration. This exam consists of 30 multiple-choice questions and focuses on the following topics:

• meteorology,
• conducting flights of unmanned systems,
• technical and operational measures to mitigate risks on the ground.

Pilot qualification in a specific category

Stricter rules apply in the specific category, as this category involves riskier operations that exceed the limits of the open category. These include, in particular, piloting a drone out of sight, flying over people

Operations in this category may be conducted through an individual authorisation (under SORA 2.0 or SORA 2.5), standard scenarios, a predefined risk assessment (PDRA) or based on a Light Unmanned Systems Operator Certificate (LUC), depending on the nature and complexity of the intended operation. The scope of the requirements will generally depend on the specific operation and the approval of the Civil Aviation Authority.

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Verification of drone pilot competency is one of the fundamental elements of drone operation regulation. Its main purpose is to ensure that every entering airspace had at least the minimum level of necessary knowledgeThe importance of this requirement is growing, especially with the expanding use of unmanned systems in the commercial field, where drones are becoming an increasingly common tool.

Are you planning to use drones for commercial or other purposes? Do you have any other questions regarding air law? Contact us, we will be happy to advise you.

JUDr. Ing. Jan Vych, attorney and partner