On 11 February 2021, the Regulation of the Minister of Infrastructure of 12 January 2021 on Air Site visitors Obstacles, Impediment Limitation Surfaces and Harmful Units got here into drive. Within the technique of notification and marking of air site visitors obstacles, it changed the regulation of 25 June 2003. Will wind generators nonetheless have to be marked below the brand new regulation? In that case, who ought to mark them and the way? And, simply as importantly, does current marking have to be introduced into compliance with the present rules, and if that’s the case, when?
Onshore and offshore wind generators as air site visitors obstacles
In Poland, there’s a new wave of funding in wind generators, each onshore, resulting from latest auctions, and offshore, whose capability within the first stage will quantity to five,900 MW. Greater and better constructions, exceeding 300 m, are being erected, elevating to new relevance each the Aviation Legislation of three July 2002 and the brand new regulation, insofar as they relate to the marking of air site visitors obstacles.
Underneath the present definition, launched in 2019 (Aviation Legislation Artwork. 871(1)), air site visitors obstacles are objects:
- Greater than the heights decided by the designated impediment limitation surfaces (outlined in accordance with §§3–20 of the regulation, setting boundaries inside which pure and synthetic objects, together with constructions, shouldn’t be increased than the heights outlined by these surfaces)
- Greater than 100 m above the encompassing floor or water stage, within the territory of Poland or the Polish unique financial zone
- On a runway, no matter peak
- Aside from these indicated above, if they’ve been recognised as an impediment in a choice by the president of the Civil Aviation Authority, the Minister of Nationwide Defence, or the Minister of Inside and Administration, as a result of they pose a possible hazard to plane motion.
Subsequently, there is no such thing as a doubt that this definition considerations every kind of objects (each pure and synthetic) which, resulting from their traits (peak) or location, represent a menace to the security of plane motion. Indubitably, wind generators (particularly onshore) can also represent obstacles of this type, resulting from their peak, which in some instances is a number of hundred metres above floor stage. In the meantime, the minimal altitude for visible flight (visible flight guidelines) in Poland is 150 m.
A whiter shade of pale
The rule below Artwork. 872(1) of the Aviation Legislation is that each one objects constituting air site visitors obstacles needs to be marked in accordance with the regulation (except these provisions exclude their marking or the competent authority has exempted them from marking).
The marking ought to make sure the visibility of the air site visitors impediment throughout day and evening from any route and point out its location, common form and measurement. The brand new regulation maintains the division of air site visitors impediment markings into daytime markings (portray, marker balls on energy traces, and with the consent of the authority, flags, boards or obstruction lights) and night-time markings (obstruction lights).
Pursuant to §27 of the regulation, a wind turbine that’s an air site visitors impediment needs to be marked by portray it white, with the rotor blades, nacelle and higher 2/3 of the assist mast painted. That is according to par. 6.2.4.2 of the ICAO suggestions, Annex 14 “Aerodromes,” vol. I, to the Chicago Conference on Worldwide Civil Aviation (“The rotor blades, nacelle and higher 2/3 of the supporting mast of wind generators needs to be painted white, except in any other case indicated by an aeronautical research.”) Thus, the brand new regulation drops the duty to color the ends of rotor blades with purple/white or orange/white stripes (§21 of the regulation of 25 June 2003 acknowledged that wind generators which might be air site visitors obstacles ought to have their exterior ends painted with 5 stripes of equal width, perpendicular to the longer dimension of the propeller rotor blade, masking 1/3 of the size of the propeller rotor blade (three in purple or orange and two in white); the top stripes should not be painted white).
The brand new regulation appears to exclude the opportunity of portray wind generators in colors apart from white (e.g. gentle gray or beige). Nevertheless, “to interpret the necessities of the regulation uniformly,” the president of the Civil Aviation Authority decided to treat as “white” not solely RAL values referring to completely different shades of white (1013, 9001, 9002, 9003, 9010, 9016), but in addition some defining shades of gray (9018, 7047, 7035, 7038 or 7047). Subsequently, plainly colors indicated by the regulator could also be thought of derivatives of white, thus complying with each the Polish regulation and the ICAO suggestions.
Undoubtedly, the extension of the color vary will cut back prices of manufacturing and upkeep of wind generators, however it’s too unhealthy that such particulars weren’t included immediately within the regulation.
New guidelines for very tall generators, primarily offshore
In flip, the night-time marking of a wind turbine (pursuant to §37 of the regulation) ought to use a medium-intensity obstruction gentle on the very best level of the nacelle (and, in case of a turbine with a peak of at the least 150 m, moreover a reserve obstruction gentle). On the identical time, which is new in comparison with the 2003 regulation, if the peak of the facility turbine is at the least 150 m above the extent of the encompassing floor or water (and if it’s not surrounded by different generators on at the least 4 sides and inside 900 m), three extra low-intensity lights are to be positioned on one stage, midway between the sunshine on the nacelle and the encompassing floor or water. The obstruction lights of wind generators positioned subsequent to one another ought to flash concurrently. For color, sign, highest depth values, and beam unfold, §23 of the regulation refers back to the applicable tables set forth in Annex 14 to the Chicago Conference, vol. I.
Who’s to mark and keep markings of wind generators which might be an air site visitors impediment?
Based on Artwork. 872 (2) of the Aviation Legislation, the next are invariably required to mark a wind turbine that’s an air site visitors impediment:
- In case of offshore wind generators, the entity that obtained the allow to erect or exploit synthetic islands, constructions and tools in Polish maritime areas
- The proprietor of the true property, perpetual usufructuary, or holder of restricted in rem rights to the true property who’s the precise controller of the true property
- The operator of an aerodrome inside whose limits the air site visitors impediment is situated, if:
- There is no such thing as a proprietor of the true property, perpetual usufructuary, or one who has restricted proprietary rights to the true property, or
- If an object not beforehand an impediment turns into one on account of building, extension or modification of aerodrome options
- Within the case of objects recognised as air site visitors obstacles on the premise of a choice of the president of the Civil Aviation Authority, the Minister of Nationwide Defence or the Minister of Inside and Administration resulting from potential danger to plane motion, the applicant or, in instances initiated by the authority, the proprietor of the true property on which the air site visitors impediment is situated.
The identical entities are additionally obliged to keep up the air site visitors impediment marking in an applicable situation. The marking of air site visitors obstacles is supervised by the president of the Civil Aviation Authority, who, inside his powers, could perform an inspection of the marking.
When does the brand new marking enter into drive, and the way lengthy do current amenities should comply?
The brand new regulation entered into drive the day after publication, i.e. on 11 February 2021. Nevertheless, this doesn’t imply that the present marking for all air site visitors obstacles needed to be modified on that date. As indicated in §61(1) of the regulation, entities obliged to mark air site visitors obstacles in accordance with the earlier regulation are obliged to regulate them to present necessities throughout the subsequent renovation of daytime or night-time markings, respectively.
Based on the explanatory memorandum to the draft regulation, this answer was launched as a result of new air site visitors impediment markings differ solely marginally from the present ones. The excessive prices related to marking an air site visitors impediment have been additionally taken under consideration. This permits obliged entities to plan the work on modernisation of the air site visitors impediment markings and hyperlink that work with some other work on the wind turbine.
Nevertheless, there aren’t any provisions specifying what the “renovation of markings” ought to encompass or imposing an obligation on the aforementioned entities to hold it out. Subsequently, it needs to be assumed that the adjustment of the marking of current wind generators to the relevant rules and the deadline for such adjustment will de facto rely upon the investor itself or the producer of the wind turbine (or presumably the producer or contractor of the marking). Nevertheless, it can’t be dominated out that some wind generators will stay marked within the present method till the top of their operation.
As a facet observe, the regulation doesn’t expressly reply the query of whether or not, if on the date of entry into drive of the regulation, the paint coating or obstruction lights used on the wind turbine have been already within the means of being “renovated,” the duty to regulate the markings arose in reference to that renovation or won’t come up till the subsequent renovation.
On the identical time, below the brand new regulation, all choices of the president of the Civil Aviation Authority on willpower of the kind of marking of an air site visitors impediment or waiving its everlasting or momentary marking, issued on the premise of §9 of the 2003 regulation, stay legitimate (§61(2)). Thus, as of 11 February 2021, it’s not essential to reapply for an exemption from the duty to mark current air site visitors obstacles or permission to alter the strategy or sort of marking, below the circumstances set out in §§40–42 of the brand new regulation.
Nevertheless, extra clarification is required for the interpretation by the president of the Civil Aviation Authority stating that “potential non-compliance of the marking considerations wind generators not but put in, however manufactured and ready for set up earlier than the date of entry into drive of the regulation, which for justified causes can’t be marked in a fashion compliant with the necessities of the regulation by the point of set up; §§ 40 and 41 of the regulation will apply.”
Exemption or permission to alter markings: unlikely for wind generators
The aforementioned §§40–42 of the regulation govern points associated to acquiring by entities obliged to mark air site visitors obstacles of:
- Exemptions from the duty to mark them
- Permission to alter the strategy (use of obstruction lights as an alternative of portray, use of a special sort of obstruction lights, use of boards and flags) or the kind of marking (daytime/night-time).
Such exemption or permission is granted through an administrative determination by the president of the Civil Aviation Authority (in sure instances by the Minister of Nationwide Defence or the Minister of Inside and Administration) upon written request of the obliged entity, setting forth the knowledge essential to conduct an evaluation of the placement and form of the air site visitors impediment, its environment, and the potential impression on air navigation security.
The exemption from the duty to mark air site visitors obstacles with a peak of 100 m or extra above the encompassing floor or water stage could also be granted solely after it has been agreed with the Minister of Nationwide Defence and the Minister of Inside and Administration. Furthermore, within the case of an impediment situated inside the impediment limitation space, exemption or permission could also be granted after acquiring an opinion from the air site visitors providers supplier (the Polish Air Navigation Providers Company), if it operates on the aerodrome, and of the aerodrome or touchdown strip operator.
Moreover, the regulation lays down the circumstances for acquiring the aforementioned exemptions and permissions. They might be granted solely in instances enumerated in §41 of the regulation, i.e., amongst different issues:
- When applicable markings can’t be used for technical causes on an air site visitors impediment or when such markings stop the right functioning of an object that’s an air site visitors object
- When at the least three air site visitors obstacles that aren’t wind generators are situated:
- Inside the limits of the impediment limitation surfaces, at a distance of not more than 100 m between successive air site visitors obstacles
- Past the bounds of the impediment limitation surfaces, at a distance of no more than 900 m between consecutive air site visitors obstacles
- When the air site visitors impediment is of a form indicating the necessity for a couple of technique of marking
- When the peak or form of the marked air site visitors impediment is being modified.
Thus, the regulation has considerably restricted (and within the case of a bunch of obstacles, outright excluded) the opportunity of acquiring exemptions from the marking obligation or permission to alter the strategy or sort of marking for wind generators. It appears that evidently such a justifiable motive, indicated by the president of the Civil Aviation Authority in his interpretation of 28 April 2021, might solely happen if, for structural (technical) causes, it’s not potential to make use of emergency impediment lighting on the gondola or extra lighting on the midway level of the peak of the mast of a wind turbine already manufactured however not but put in. However, it’s troublesome to think about a state of affairs the place the authority would permit a deviation for its daytime marking (the color of the paint coating).
