New drone regulations: what about already existing drones?

David Lee

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:

Is this really true? In short: no.

The EU has drawn up new regulations to better monitor drone flight and encourage uniformity among users. Switzerland will adopt these regulations. This was originally planned for 1. July 2020, but due to the corona crisis, the introduction is being postponed by half a year to 1. January 2021 (unavailable in English).

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.

There's a transitional period of two years, i.e. until the end of 2022, during which these drones can continue to fly more or less as usual (Article 22 of the EU Regulations). According to an FAQ by Bazl, details will be carried out according to previous weight limits:

• Any drone below 500 grams in weight, is allowed to fly close to crowds, but under no circumstances should it be flown over crowds. You should avoid flying over uninvolved people if possible. This corresponds approximately to operating category A1.
• If the drone weighs between 500 grams and 2 kilograms, it can approach people up to 50 metres. This corresponds approximately to operating category A2.
• If the drone weighs more than 2 kilograms, it may be flown up to a maximum distance of 150 metres to residential, commercial, industrial or recreational areas. This corresponds to the requirements of category A3.

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.ch

My 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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