Nowadays, drones are used in a variety of sizes and configurations as well as in different application scenarios. They are used privately, for example, to make film recordings from a bird’s eye view or simply to have fun with technology.
But even in professional use, drones can be used in a variety of ways and support people in tasks where they reach their limits: for example, searching large agricultural areas for pests or other irregularities or using thermal imaging cameras to find people buried in an avalanche. Drones are also used for military purposes. These are usually several meters tall and have autonomous control mechanisms.
But which drones are allowed to be flown where? Who is allowed to use them and which certifications are required? The new regulations of the EASA (European Aviation Safety Agency) will apply from December 31, 2020 and are intended to clarify the use of drone technology. We give an overview of the new regulations.
Risk-based division into three categories
The new drone regulation will replace the regulations from 2017 and is intended to remove concerns about the use of drones for all EU member states (and also Iceland, Norway, Liechtenstein and Great Britain) through clear guidelines. In addition to the EU regulation, there are national regulations that must be observed.The guidelines apply to both people who use drones – set out in the Implementing Regulation (2019/945) – and manufacturers of drones – the Delegated Regulation (2019/947) refers to this. Drones are divided into three categories depending on the risk involved in their use: low risk / open, increased risk / specific and high risk / certified. This covers the entire spectrum, from small amateur drones with cameras to military drones.
Low risk / open category
Drones with a maximum weight of 25 kg fall into the category with the lowest risk. This covers almost all consumer drones (with a few exceptions). These regulations also apply to the majority of professional drones: for example, agricultural drones, drones that create professional recordings (for the film industry or in real estate), surveillance drones, rescue drones or drones for meteorology. Therefore this (most common) category is considered in more detail.
Open-category drones may be used at a maximum altitude of 120 meters and must always be in the pilot’s line of sight – unless a follow-me mode is activated or an observer is involved in the operation who is constantly in Contact is.
The new regulation does not specify exactly where and where not to fly. In any case, people must not be filmed without their permission. In addition, some restrictions from the old regulation apply: For example, you must keep a distance from roads, train tracks or airports. In order to regulate the distance to other people, sub-categories of A1-A3 apply, which result from the drone classes C0-C4, which are presented in the next section. In the high-risk category A3, for example, you must fly far away from people, and at least 150 meters away from residential, commercial, industrial or recreational areas.
The certification concerns the following: drones of the open category may generally be flown from the age of 16, unless they are toys according to Directive 2009/48 / EC or a self-made drone that weighs less than 0.25 kg. Whether liability insurance or a drone license plate is necessary and what other restrictions exist, depends on the drone classes:
Drone classes C0-C4
The open-category drones are further subdivided into five drone classes from C0 (least risky) to C4 (highest risk). Weight, design, safety features, speed, etc. are included. This classification results in both requirements for manufacturers and the necessary certifications that the pilot must bring.
For all categories, the manufacturer’s instructions for use must be available; the pilot, in turn, is obliged to read them. Toy drones, for example, fall into the lowest category, C0. The rule here is that either the EU-wide toy safety directive (2009/48 / EC) must be met or the aircraft must remain below a speed of 19 m / s. In addition, the manufacturer must plan for an adjustable height limit and manufacture a product without sharp edges. The drone does not require an electronic ID or automatic GEO flight restriction monitoring.
In comparison, the regulations for the riskiest category C4 are much stricter: With a maximum weight of 25 kg, the device requires an electronic ID and automatic GEO flight restriction monitoring, if this is specified in the flight zone used. Manufacturers are not allowed to produce products in this category that can fly autonomously. For the pilot, he must provide the EU proof of competence. In addition, he must register and a drone license plate must be affixed to the aircraft. According to the already mentioned sub-category A3, flights may only be carried out far away from cities where no uninvolved persons can be endangered. Finally, a valid liability insurance is required.
Transitional arrangements
There are currently no drones with the new certification on the market. Therefore, there is a transitional regulation for drones that are brought onto the market before 01.01.2023. These are primarily based on the weight of the drone. The manufacturer AUTEL robotics, for example, offers drones with infrared cameras (Autel EVO II Dual Rugged Combo (DJI MINI 2 SE) and Autel EVO II Dual Rugged Combo (DJI MINI 2 SE Quadrocopter)) or with 8K cameras (YUNH520EEU Multicopter, H520E RTF,). Like many other drones in this area of application, these weigh between 500 g and 2 kg. They can be used in a variety of ways, for example for rescue operations or for filming difficult-to-access terrain or at great heights. The following applies here: If the drones of this weight class are to be operated closer to people (sub-category A2), whereby a minimum distance of 50 meters still applies, the large EU drone driver’s license is required. Otherwise, the small EU drone license is sufficient for operation.Increased risk / specific
Drones that no longer meet the requirements of the open category, for example because they weigh more than 25 kg, fly higher than 120 meters or operate outside the pilot’s line of sight, fall into the increased risk / specific category. Depending on the higher risk, special individual exemptions are always required. An assessment of the risk is carried out by the national flight authority using the SORA. In order to reduce the bureaucratic effort, there will be an LUC certificate (light UAS operator certificate), which includes several standard scenarios and only needs to be applied for once.
There is no fixed definition for the maximum flight altitude in this category, but according to the general understanding, a maximum of 500 meters applies.
High risk / certified
At the upper end, the categorization is completed by the highest risk group high risk / certified. Since these drones come into contact with regular air traffic, special certification processes and licenses are required (for the drone itself, the pilot and all other parties involved). Drones in this category are mainly used in industry or in transportation.
Images: Adobe Stock
