Drone Regulation 2021

Furthermore, the EU guidelines for drones stipulate three application scenarios several scenarios are proposed, each with different additional requirements. The three main scenarios are:

Open, Specific and Certified

Currently, there are no drones on the market that have received a classification/certification.

First we will explain this Application scenario OPEN and the associated drone categories/classes, This is likely to affect most hobby drone pilots and commercial camera drones. The "Specific" and "Certified" scenarios relate more to specialized drone applications and are therefore only briefly explained below.

This applies to all drones:

• All drones, except homemade ones, must have instructions for use and an adjustable altitude limit , but must not have any sharp edges .
• The instructions for use must be read.
• The drone pilot must register online with the German Federal Aviation Office (LBA). The electronic registration number (e-ID) is then affixed to the drone using an EU drone license plate .
  Exception: Drones under 250 grams without cameras and without sensors for collecting personal data or drones that comply with the Toy Safety Directive (2009/48/EC).
• For all drones is a Compulsory insurance (Drone liability insurance). This is available from just a few euros per year.
• The following applies: Minimum age of 16 years.
  Exception: No minimum age applies if the aircraft is classified in drone class C0 and is a toy within the meaning of Directive 2009/48/EC. Or if it is a self-built drone with a take-off mass of less than 250 grams.
• The question "Where are you allowed to fly?" The details are not regulated within the EU drone regulation. These requirements are to be developed individually by each EU country. Each EU country is to have its own (or a uniform) regulation for this purpose. System with flight zones / no-fly zones achieved are designated GEO . This regulates exactly where flying is permitted and where it is prohibited. This data is then available online to pilots (possibly via an app similar to the DFS app) and can also be used and analyzed directly by the drones themselves.
  The development and implementation of this system is not expected to be completed before mid/late 2021. Until then, the regulations of the old 2017 drone directive will continue to apply, unless they have already been replaced by newer regulations in the new EU drone directive.
  Therefore, for example, the "old" regulations will continue to apply until the introduction of the GEO system:
  1.5 km distance to airfields
  100 m distance to motorways / federal highways / waterways / railway lines / overhead power lines and power plants / accident sites etc.
• Respect privacy – no recordings of people without permission (enshrined in state law, not in the EU drone law).

Application scenario OPEN (Open)

• For drones and low-risk flights
• Maximum flight altitude 120 meters above ground
• Flight only within visual line of sight (VLOS = Visual Line Of Sight).
  Exception: The drone is flying in Follow-Me mode, or an observer is keeping an eye on the drone while remaining in constant contact with the pilot.
• Further requirements depend on the risk class of the drone used (see below).

Additionally, the Category OPEN still in 3 subcategories subdivided:

• A1: Flights are possible even near people. No flights over crowds of people (approximately 12 or more) outdoors, and no flights directly over uninvolved persons. Should uninvolved persons be unexpectedly overflown, the overflight must be terminated as quickly as possible.
• A2: Flight only at a safe distance from uninvolved persons (minimum distance of 30 meters. In exceptional cases and when the drone's slow mode is activated, a distance of up to 5 meters is permitted).
• A3: Flight must be kept far away from people. No uninvolved persons may be present within the entire flight path. Furthermore, a minimum distance of 150 meters must be maintained from residential, commercial, industrial, and recreational areas.

The drones subject to requirements A1 to A3 are determined by the drone class C0 to C4 (see below).

Scenario: OPEN – Unclassified drones

This Transitional arrangement This applies to all drones that do not yet have a classification / marking and were put on the market before 01.01.23 (so-called existing drones / grandfathering):

• For Drones with a takeoff weight of less than 250 grams The following applies: These drones may be operated in the OPEN category in all subcategories A1, A2 and A3 (see above). No EU drone license (neither the small nor the large one) is required.
  The use of these drones in all the aforementioned subcategories is unlimited in time .
• For Drones over 250 grams, but still under 500 grams The following applies: These drones are permitted with the small EU drone license (EU Certificate of Competence) in the OPEN category, subcategory A1, operated close to people.
• For drones over 500 grams, but under 2 kg The following applies: It is the A large EU drone license is required if these drones are to be operated closer to people (category OPEN – subcategory A2 – see above) (minimum distance still 50 meters to people).
  However, if these drones are only operated in the OPEN category in subcategory A3 (far away from people – see above), then the small EU drone license is sufficient.
• For drones For drones weighing over 2kg and under 25kg : These drones may be operated in subcategory A3 (far away from people).

Additionally:

• For drones over 250 grams These transitional rules apply Only until July 1, 2023. After that date, all existing drones over 250 grams (that were put on the market before January 1, 2023) may only be flown in category A3 (far away from people). Drones under 250 grams may continue to be operated in subcategory A1 beyond that date.

All weight specifications for a drone always refer to the maximum permissible take-off weight.

Drone models launched on the market after 01.01.23 must be certified and marked by the manufacturer for one of the drone classes (see below) in order to be operated legally.

Scenario: OPEN – The Drone Classes

Drone class C0

Contains:

• Drones under 250g takeoff weight
• Homemade drones / drones without classification (only up to 250g takeoff weight)

Special requirements for manufacturers/drones (not applicable to self-built drones):

• Must comply with EU-wide toy safety directives (2009/48/EC) or remain below 19 m/s speed.
• The drone does not require an electronic ID or automatic GEO flight restriction monitoring.

Permissions / Requirements / Prohibitions:

• It is permitted to fly in all subcategories of the OPEN category (A1, A2 and A3 – see above). This means it is also permitted to fly near uninvolved people (but not over crowds) (see subcategory A1 above).
• No EU drone license is required for these drones (neither the EU Certificate of Competence nor the EU Remote Pilot Certificate).

Drone class C1

Includes (unless falling in C0):

• Drones with less than 80 J (joules) of kinetic energy or less than 900 grams takeoff weight

Special requirements for manufacturers / drones:

• Speed ​​limited to 19 m/s
• Documentation on kinetic energy and mechanical stability (follow guidelines/specifications)
• Emergency procedure for loss of connection (Return-to-Home etc.)
• The drone requires a remote identification system into which the e-ID is entered and which is then continuously transmitted.
• The drone requires an automatic flight restriction monitoring (GEO) system.

Permissions / Requirements / Prohibitions:

• The pilot must have completed the EU competency assessment (online training and online test/exam) (so-called small EU drone license). The full EU drone license (EU remote pilot certificate) is not required.
• It is permitted to fly near uninvolved people (not over crowds) (subcategory A1)

Drone class C2

Includes (unless falling into C0 or C1):

• Drones under 4kg takeoff weight

Special requirements for manufacturers / drones:

• Documentation on kinetic energy, mechanical stability and fracture (follow guidelines/specifications)
• Emergency procedure for loss of connection (Return-to-Home etc.)
• Low-speed mode (manually selectable) must be available (max. 3 m/s) if flying close to people is to be done.
• The drone requires a remote identification system into which the e-ID (electronic pilot registration number) is entered and which is then permanently transmitted.
• The drone requires an automatic flight restriction monitoring (GEO) system.

Permissions / Requirements / Prohibitions:

• The pilot must have completed the EU competency assessment (online training and online test/exam) (small EU drone license).
• If the pilot wants to fly not only in subcategory A3 of the OPEN category (i.e. far away from people – see above), but also in subcategory A2 (at a safe distance from people – see above), he must also possess the EU remote pilot certificate (large drone license – with training and theory exam).
  The pilot is then allowed to approach uninvolved persons to within 30 meters. In exceptional cases, and if the drone's slow mode is activated, the distance can be as low as 5 meters.

Drone classes C3 and C4

Includes (unless falling into C0, C1 or C2):

• Drones under 25kg takeoff weight
• All self-built drones over 250g

Special requirements for manufacturer C3 (except self-built):

• Documentation regarding breakage (follow guidelines/specifications)
• Emergency procedure for loss of connection (Return-to-Home etc.)
• The drone requires a remote identification system into which the e-ID is entered and which is then continuously transmitted.
• The drone requires an automatic flight restriction monitoring (GEO) system.

Special requirements for manufacturer C4 (except self-built):

(This category usually also includes all conventional model airplanes / flying models)

• No automatic/autonomous flight allowed
• If required/mandated in the flight zone being used, then the drone needs an electronic ID and automatic GEO flight restriction monitoring. Otherwise not.

Permissions / Requirements / Prohibitions:

• The pilot must have completed the EU competency assessment (online training and online test/exam) (basic EU drone license). The full EU drone license (EU remote pilot certificate) is not required.
• In category C3, the e-ID (electronic registration number) must also be entered into the remote identification system of the drone so that it permanently transmits the e-ID.
• It may only be flown far from cities and only where no uninvolved persons can be endangered (subcategory A3)

Scenario: SPECIFIC

• For drone operations that must exceed one or more of the requirements of the OPEN category (e.g. flights over 120 meters, flying beyond visual range, etc.)
• Special individual exemptions are required.
• There will be defined standard scenarios that can be carried out without a special permit if you have a separate "small" UAS operator license/certification. This license is called: Light UAS operator certificate (LUC)
  Standard scenarios are also expected to include FPV racing, FPV racers, and FPV flight.
• Special requirements

Scenario: CERTIFIED

• For special applications (e.g. in industry, transport, etc.)
• Special certification processes and licenses are required (for both the drone and the operator and crew)
• Special requirements