What the 2021 EU Drone Rules Meant for German Pilots

Archive republication: This article was originally published on 20 December 2020. It has been translated into English and lightly updated for clarity while preserving the original reporting and context.

The new EU Drone Regulation will apply from 1 January 2021. What will change for German drone pilots with or without proof of knowledge in accordance with Section 21 d LuftVO? First things first: a lot! You can also download the complete article – including tables – directly here as a pdf.

The EU-wide standardisation of national regulations and the definition of new risk classes and scenarios is throwing many of the familiar rules of thumb, such as the 2 kg limit or the distinction between private and commercial, out the window. In future, there will not only be one certificate of competence in accordance with Section 21d, the so-called drone driving licence, but four certificates of competence with different requirements for different application scenarios.

Why new rules?

Experience has shown that the use of drones should always be preceded by a realistic risk assessment. The new EU regulation takes this experience into account. It is based on realistic flight scenarios and takes into account aspects that were previously given too little consideration, such as the impact energy of the Unmanned Aircraft System (UAS). Up to now, the focus has been on the weight of the UAS, hence the well-known 2-kg limit. Of course, small and light drones weighing less than 2 kg can also have potentially lethal impact energy.

Conclusion: The new regulations and procedures take into account the type and risk of operation in a much more differentiated manner and also take into account the equipment of the UAS, such as sharp edges. In addition, the respective characteristics of the operating area – such as population density, surface characteristics and development – are taken into account in a more differentiated manner.

If you want to get your drone driving licence or would like to enter the new classes directly, you can do so here: https://www.multikopterschule.de/

Classes and categories for determining the risk

The type and risk of operation are defined in the subcategories A1, A2, A3 and Special, taking into account the distance to and overflight of people, buildings, installations, etc.

The characteristics of the drone, such as size, weight, maximum speed and other safety-relevant features, are to be defined in a comparable manner in future on the basis of the CE classification. Assignment to classes C0 to C5 is based on the maximum take-off mass (MTOM), which is the maximum take-off weight to be specified by the manufacturer, including all approved accessories such as prop guards, etc., the maximum speed, the impact energy and other characteristics of the drone, including the existence of a manual. As there are no CE classes for the drones sold to date, the EU Drone Regulation provides for a two-year transitional arrangement whereby the CE classes are replaced by certain characteristics for risk assessment.

Based on the flight scenarios A1 to A3 and Special as well as the CE classes/transitional regulations, the respective risks of the specific drone use are recorded and can now be assigned to an operating category. There are three operating categories: open, special and subject to authorisation. The requirements that need to be observed depend on which operating category the drone use falls into.

The open operating category is the least risky and least regulated, while special and subject to authorisation specify the stricter regulations for higher or high-risk operations.

The operating category therefore defines the specific regulations and requirements that must be observed. On the one hand, this includes the regulations for practical flight, such as maintaining flight altitude and distances from people, buildings and installations, but also proof of knowledge and obtaining authorisations. Proof of knowledge also includes reading a manual, if available.

Is the old drone licence still valid?

Proof of knowledge has also become more differentiated under the new EU regulation. To anticipate this: The proof of knowledge according to §21d LuftVO is still valid for a transitional period. In the table published here, you can see in which specific flight scenarios proof of competence is required and what type it must be.

Put simply, there are now four levels of proof of competence. No distinction is made between private or commercial purposes, but it is important to note that many insurance companies require a certificate of competence regardless of aviation law. This applies in particular to statutory accident insurance (DGUV/BG e.g. BG ETEM or BG Bau etc.). As an employer, you are responsible for ensuring that your employees (or freelancers) have the necessary expertise for the company, both theoretical and practical evidence.

The remote pilot licence, which can be acquired via an online course with an examination at the Federal Aviation Office (LBA), is to be regarded as basic proof of knowledge and will be a prerequisite for almost all drone flights in the future.

Then there is the extended proof of competence, whose catalogue of questions follows German aviation law, which the Federal Ministry of Transport still has to adapt to EU law by the end of 2020. The extended proof of competence requires a remote pilot licence from the LBA and includes theoretical training and an examination as well as proof of practical flying experience. Training courses and examinations for the extended proof of competence are to be carried out by notified bodies (which were previously the ASTs, i.e. the recognised bodies) that are still to be certified for this purpose by the LBA.

Proof of practical flying skills could theoretically be provided by self-disclosure, but most people will not be able to do this, as the requirements for practical flight manoeuvres cannot be carried out with most current drones, as you have to be able to fly without GPS, which cannot be switched manually with simple Mavics such as Mavic AIR2 or Mavic2Pro, for example.

The extent to which a self-disclosure, for example in the context of a court hearing, will be convincing is questionable, and not only for this reason. In such a case, it would be better to be able to show proof of having passed a practical training course where corresponding drones without GPS have also been demonstrably used. In addition, proof of practical expertise is mandatory for commercial pilots anyway due to the requirements of the DGUV.

The highest competence requirements are necessary for the special operating category and are unlikely to affect normal private or commercial drone pilots flying in sub-category A2 – which is why we will not go into more detail here.

FAQs on the new EU drone regulation

Which drone can I fly from 2021 without proof of knowledge?

Without a certificate of proficiency – at least a basic certificate of proficiency from the LBA – flying any currently existing drone will be prohibited practically everywhere from 1 January 2021. Unless you only fly on model aerodromes (the old model flight certificate will also lose its validity).

What proof of knowledge should I have as a commercial pilot?

Proof of competence in accordance with EU law for A2 – if you have the new EU drone pilot’s licence, you can fly EU-wide with the licence-free classes C0 to C4 without any further local approval or costs. It also looks as though the costs previously incurred in Germany at state level for exemptions from the ban will no longer apply. For special cases (sub-category Special), the LBA will probably issue authorisations centrally.

In the table below, which you can download here, you can see an almost complete overview of the new EU regulations according to the current status, subject to the specifications that the BMVI and the LBA will still announce (i.e. without guarantee).

Which CE class do the Mavic 2 Pro, Mavic 2 Zoom or Mavic 2 Enterprise Duo fall into?

C2 would initially be the only suitable class in terms of specifications if the manufacturer DJI manages to obtain post-certification. C1 is extremely unlikely for the Mavic 2 series, as it almost always exceeds the 80 joule limit in practice. It is doubtful whether a lighter battery will help to fall below the 900 g MTOM limit and make C1 achievable.

Which class or category does the Mavic Mini 1/2 fall into?

That could be C3, because it is not C1 due to the technical requirements. At 249 grams, the Mini just fits into C0, but is too close to the limit of 250 g MTOM – and so even a badge or a polarising filter can lead to the limit being exceeded. This means that the Mini will also require at least the online test, and more likely even the extended proof of competence.

What about the many home-built systems over 5 kg?

They will all fall into the special sub-category and require increased proof of competence and individual authorisation. However, most owners were used to this until 2017. Unfortunately, this is a step backwards, but it serves to improve safety. However, over fields or forests (A?), operation is problem-free and licence-free.

Hopefully, the EU will develop further so-called standard scenarios that will reduce the individual authorisation / SORA effort. If you have been recognised for one or more standard scenarios or SORAs, this will then apply throughout the EU.

What about old Phantoms (1-3), Phantom 4pro-v1, older Yuneec drones or other no-names?

After the transition period until 31.12.2022, these can only be flown in A3 (including 150 m minimum distance to any uninvolved person) if you have a remote pilot licence. In the A3 sub-category, however, commercial use is virtually impossible.

If you want to fly in A2, you need the previous drone licence or the new extended proof of competence (= future more complex double online test and presence test).

Ultimately, the decisive factor is whether the hardware can still be retrofitted with the necessary functions such as Remote ID, but this seems rather unlikely.

And the Autel EVO II with 8K camera?

The Autel EVO II with 8K camera weighs over 1.1 kg and its operation would theoretically require the extended proof of knowledge or the previous drone driving licence. However, as it is not yet CE-certified, it falls under the transitional rule “from 500 g” and therefore requires at least the previous drone driving licence in order to be flown legally in Germany next year, but only for 2 years in A2 (C2), then only in A3. It is also inconceivable that a subsequent CE classification could come for this drone, as it does not, for example, fulfil any mandatory remote ID or no-fly zone blocking and other requirements.

And what about my DJI Mavic AIR 2?

The Mavic Air 2 is the best candidate to be post-certified in the C1 category, as it weighs just under 800 g and is unlikely to exceed the 900 g MTOM limit with approved accessories. However, as soon as a 360-degree camera is mounted on it (Insta 360 etc.), for example, it would already fall into C2, provided the manufacturer allows this much payload, otherwise the flight would be illegal and uninsured. The Mavic 2 Air can be flown legally for the next two years with the old drone licence plus a practical certificate of competence. Many current drone licence holders do not have this.

If you want to get your drone licence, or would like to enter the new classes directly, you can do so here: https://www.multikopterschule.de/