Background information
New drone regulation: lighter is easier
by David Lee
New drone regulations: what about already existing drones?
7.5.2020
Translation: Patrik Stainbrook
On 1. January 2021, laws regarding drone flight will change. Should you buy a drone now? Will you even be able to fly it?
There's uncertainty surrounding drone regulation: several laws will soon change. Recently, I introduced the new DJI Mavic Air 2 drone. An anonymous user soon commented:
«Careful: according to new laws, this drone will soon become unusable!»
Is this really true? In short: no.
New classifications for drones
The most important change for hobbyists: almost all pilots must register and pass a knowledge test. Exceptions only apply to pilots of drones weighing less than 250 grams, provided that the drone is unable to collect personal data. This means that every drone with a camera requires the pilot to register. This is because a camera can record faces and thus capture personal data. The test will be carried out online. A license must be renewed every five years.
Drones are divided into categories based on their weight and other technical characteristics. In the «Open» category, relevant for hobby pilots, each drone receives a classification from C0 to C4. This designation determines the drone's operating capabilities (A1 to A3).
These operating classes differ mainly in how close you're allowed to fly to strangers. Aka people who weren't informed about the current drone flight and didn't give their consent.
You generally aren't allowed to fly over crowds in the Open category, regardless of subcategory. According to EU regulations, a crowd is defined as «a large number of people standing so close together that it is almost impossible for a single person to move away from this crowd.» The EU further specifies that this can include beaches and parks on sunny days or ski slopes in winter.
A1: Category C0 (less than 250 grams) and C1 (less than 900 grams) drones. In this operating class, you may fly over uninvolved people if it can't be avoided. Like with all amateur drones, you aren't allowed to fly over crowds.
A2: Category C2 drones (900 grams to 4 kilograms). Here, you're allowed to fly close to uninvolved individuals. A horizontal minimum distance of 30 metres must be followed, according to EU regulations.
A3: Category C3 and C4 drones (4 to 25 kilograms). Here, you must keep a safe distance of at least 150 meters from residential buildings, industrial areas or sports fields.
These classifications only apply to new drones
The weight limits in these new regulations are different from those of today. Today, there's a category up to 500 grams, one from 500 grams to 2 kilograms and one from 2 to 30 kilograms. However, don't try and classify a current drone among the new weight classes.
The reason: only drones that enter the market under the new law receive a label ranging from C0 to C4. Drones that are already in service today don't have such classifications and will not receive one retroactively. Discussions about whether to slim down the Mavic 2 Pro (907 grams) below 900 grams by using a lighter battery are therefore pointless. An already purchased Mavic 2 Pro will not be of type C1 or C2, but instead a drone without classification.
What will happen to current drones?
Existing drones without class markings can still be used. They won't become useless. But there are some things you need to keep in mind.
At the end of the transitional period from 2023, the normal provisions of the EU Regulations will apply to non-compliant drones in accordance with Article 20:
- Drones weighing less than 250 grams may be operated in category A1.
- All others must be operated in category A3.
So any drones between 250 and 2000 grams will be subject to previously non-existent restrictions. This class also includes the new DJI Mavic Air 2. To describe them as unusable because of this is greatly exaggerated. Even in Switzerland, it's not hard to operate a drone 150 metres away from settlements or industrial areas, and certainly not if you take the drone with you on holiday.
David Lee
Senior Editor
David.Lee@digitecgalaxus.chMy interest in IT and writing landed me in tech journalism early on (2000). I want to know how we can use technology without being used. Outside of the office, I’m a keen musician who makes up for lacking talent with excessive enthusiasm.
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