Here is an overview of what you need to know about the regulations, because an informed pilot is worth two… The regulations concerning drones are based on a gigantic stack of European and French texts which call on each other, and never stop growing. The following is a summary of the rules, which I have chosen to be simplified.
Simplified?
Let's say that I would have liked to offer you "the 10 rules to respect". Or “the 20”. But, and I'm sorry, there's more than that… If you need to check for yourself, the links to the official texts can be found in the (long) list which appears at the end of this post. Will the regulations change by 2024? It is not fixed, it is very likely that other texts, more or less important, will be added to the current millefeuille!
1. Practice in Open category European
The following relates exclusively to practice in the Open category. When a flight cannot be practiced in the Open category, you must abstain or turn to the Specific category, whose requirements are more demanding (and not very suitable for leisure practice).
Note: European regulations make no difference between practice for leisure and practice for commercial purposes (this was the case in France until December 31, 2020).
2. Security and risk management
It is a pillar of European regulations: the pilot must ensure that his flights are operated in complete safety and without presenting any risk. And more particularly, before taking off, the pilot must ensure the UAS is in condition to safely complete the intended flight ". During the flight, the pilot aborts the flight if the operation poses a risk to other aircraft, people, animals, the environment or property » [2019/947 UAS.OPEN.060 1)(d)]
3. Notices
Drones sold in France must be delivered with a notice explaining the regulations. If it is not provided with yours, turn to the DGAC website to download it. (required only in France). [LAW n° 2016-1428 of October 24, 2016].
Drones with class identification sold in Europe must also include an information notice published by EASA. She may be downloaded here on the EASA website. [2019/945 ANNEX] This notice can replace the French notice, if it is provided in French.
4. Domestic flights are not affected
The regulations concern flights practiced outdoors, not those in closed interiors. [2019/945 Section 2 4.]
Note: if a drone weighs more than 800 grams, it is mandatory to create an account on AlphaTango and register the drone, even if it only flies indoors! (see point 25)
5. Read the manual
Read the user manual that comes with the drone. It looks like a simple notion of common sense, but it is enshrined in European regulations! [2019/947 UAS.OPEN.020 4)(a)]
Photo credit: DJI.
6. Line-of-sight flights only
The drone must be flown in line of sight only. There is therefore no maximum quantified distance: it depends on the size of the drone, the visual acuity of its pilot and the flight environment. [2019/947 UAS.OPEN.060 2)(b)]
In the case of piloting with immersion goggles, an observer must be next to the pilot and keep the device in direct view to warn in the event of danger. It is an observer: it does not need dual radio control or remote pilot skills. [2019/947 Article 4 1.d) and UAS.OPEN.060 4)]
Note: the French guide for the Open category indicates that viewing the video feedback screen is not considered immersion. However, the aircraft must always be in direct view of the pilot.
Note: the obligation to fly in direct sight effectively prohibits flights in clouds or fog, when the aircraft is no longer visible.
7. Flight height
Infographic credit: EASA.
The maximum flight height is 120 meters. It is generally measured by drones from the take-off point. But the regulations have another definition: the devices must be operated “ at a maximum distance of 120 meters from the nearest point on the surface of the Earth ". On flat ground, the vertical height and the distance to the closest point to the Earth are the same. These two measurements can be very different in the presence of reliefs (see here for more). [2019/947 Article 4 1.e)]
Note: the flight height was previously 150 meters in France, until December 31, 2020.
Note: do not confuse height, which is measured in relation to the ground, and altitude, which is the height in relation to sea level. The use of the word altitude in many software, such as DJI Fly for example, is often wrong.
8. Minimum age
It takes 14 years of age in France to fly, except with a class C0 drone considered a toy within the meaning of Directive 2009/48/EC on the safety of toys, or if the flight is carried out under the supervision of a person aged 16 or over with the necessary requirements to pilot the drone themselves (UAS operator number, training, etc.). In most European countries, the minimum age is 16. [Decree 3/12/2020 pilot requirements Art. 1] and [2019/947 Article 9 1. 2.a 3.)]
9. Do not fly under the influence of medication, alcohol and drugs
It seems obvious. European regulations nevertheless specify that the pilot must abstain if he is " under the influence of mind-altering substances or alcohol, or when unable to perform duties due to injury, fatigue, medical treatment, illness or other causes ». [2019/947 UAS.OPEN.060 2)(a)]
10. Do not endanger manned aviation
The use of a drone must be done taking care not to put other devices in danger. [Order Space Art.3 1°]
11. Do not interfere with emergency services
It is forbidden to fly near an intervention of the emergency services. [2019/947 UAS.OPEN.060 3)]
12. No hazardous materials on board
It is forbidden to transport dangerous goods on board the drone. These are, but not exclusively, explosives, gases, flammable materials, oxidizing, toxic, infectious, radioactive, corrosive substances. [2019/947 Section 4(1)(f)]
13. No Load Drop
It is forbidden to drop a load, and more precisely the drone « don't drop any material ». So no dropping of candy, leaflets, banknotes, engagement rings, hooks and bait. [2019/947 Section 4 1.f)]
Note: if you are looking for information on the possibilities of fishing with a drone,it's here.
14. No Night Flight
The drone must be flown exclusively by day. Daytime in mainland France lasts until 30 minutes after sunset, and begins 30 minutes before sunrise. (required only in France) [Order Space Art.3 3°]
15. Urban theft
It is forbidden to fly in built-up areas above public space. These are public roads, public gardens, buildings open to the public, but also certain parks, rivers, rivers, beaches, etc. (required only in France) [Order Space Art.5 1°]
Note: the decree concerned does not give a definition of the agglomeration. The Open category guide suggests turning to the Highway Code, article R110-2, which stipulates that an agglomeration is a "space on which buildings are grouped together and whose entrance and exit are indicated by signs placed for this purpose along the road which crosses or borders it”. Built-up areas are also shown in yellow and orange onthe ICAO maps, to view on Geoportail.
16. No-Fly or Restricted Areas
It is imperative to check if the area where the drone is flying is authorized for flight, and if it is subject to any height restrictions. For that, you have to turn to the map Geoportal "open category uas restrictions and model aircraft" or, better, the cards Drone-Spot, Mach 7 Drone, DroneKeeper, FlyBy ou Clearance (more complex but more complete). Prohibited areas are nuclear power plants, prisons, sensitive industrial sites, hospitals, military areas, take-off and landing areas (airports, aerodromes, heliports, heliports, ultralight runways), national parks, certain natural reserves et biotope areas, etc. [Space Order Art.3 and 4]
Note: be careful, the maps and indications integrated in DJI drones do NOT comply with French regulations!(see here for more information)
Note: for the sake of understanding by as many people as possible,Geoportal "open category uas restrictions and model aircraft"operates simplifications in the materialization of prohibited and restricted areas. As a result, some areas shown in red are not prohibited all the time. But to take advantage of them when possible, you have to take the time to understand the aeronautical tools, and how to access them.
17. No-take areas
The Zones Prohibited to Aerial Shots (ZIPVA) concern all aviation, not just drones. They are intended to protect sensitive areas such as nuclear power plants, military bases, prisons, certain factories, etc. These are most often also no-fly zones, but not always. They are materialized by a base of maps on Geoportail, here. [Transport Code L. 6224-1]
Note: you can also make them appear onthe Geoportail Restrictions UAS map Open category and model aircraft. Click on the 3 vertical bars at the top left of the screen, on “Territories and transport”, “Description of the territory”, “Zones prohibited from aerial photography (ZIPVA)”.
18. Respect for privacy
It is forbidden to film people who can be recognizable in the image without their consent. [Law n° 78-17 Informatique et Libertés of January 6, 1978]
19. No flying over gatherings of people
It is prohibited to fly over a gathering of people, which is defined by a gathering “ where the density of the people present prevents them from moving away ". This concerns concerts, events, demonstrations, tourist places, crowded beaches, etc. [2019/947 Section 4 1.c)]
Note: The overflight of animal gatherings was prohibited by the decrees published in 2012, but this requirement disappeared from the decrees published in 2015 and has never been reinstated in the more recent texts, neither European nor French. Two former decrees (1957et1958) relate to animal gatherings, but they do not correspond to drone use. Flying over animals, including in gatherings, is therefore not prohibited. That being said, common sense requires maintaining a good distance from animals to avoid defensive reactions. (see here). In addition, European regulations require the pilot to ensure that the flight does not present a risk to the safety of persons, animals, the environment or property. [2019/947 UAS.OPEN.060 1)(d)]
20. Flying over private property (outside built-up areas)
Outside built-up areas, flying over private property is authorized without the need for the owner's or occupant's consent, but on condition that privacy is respected and that " interfere with the exercise of the right of the owner ». [Transport Code, L. 6211-3]
Note: the exercise of the owner's right is a complex concept that is difficult to define. In the case of a drone, it is recommended to keep it simple: the flight must not cause any inconvenience to the occupants of the property.
21. Urban theft (bis)
In built-up areas, above the private space with the agreement of the occupant, it is permitted to fly provided that the area is authorized for theft (see point 16.) and the conditions comply with the shooting (see point 17.), and respecting privacy (see point 18.). [Order Space Art.5 1°]
Note: the so-called “1 for 1” rule mentioned in the Open category guide does not appear in the texts, it is a simple element of common sense intended to limit the height of flight to reduce the risk during a flight on private space in urban areas. Again, a flight should not pose a risk to the safety of people, animals, the environment or property.
Note: in the case of a flight over private space in built-up areas, it is also necessary to respect the possible obligation to stay more than 150 meters from residential, commercial, industrial and recreational areas, in relation to the subcategory and the weight of the device (see the end of this post).
Note: flying in built-up areas in one's garden is possible, EXCEPT if it is in the grip of a prohibited area, such as those mentioned in point 16.
Note: historical monuments are not prohibited from overflight by regulations. But be careful, they are likely to welcome the public, so be careful not to fly over gatherings of people, and for certain sub-categories of drones do not fly over people or approach within 150 meters of the building.
22. Fly over roads and railways
For the Open category, the texts do not mention any ban on overflight of a road, or an expressway, or a motorway, or a railway or a waterway. Be careful all the same, it should be remembered that the overflight must not present a risk for the safety of people, animals, the environment or property – or the overflight of vehicles can present a direct risk in the event of a crash, or indirect in the event of driver distraction. Common sense is required when flying over tracks with road or rail traffic.
Note: Expressways, motorways and railways are prohibited from overflight in the Specific category, with a safety distance.
Footnotes : the ban on driving from a moving vehicle in the Open category is not to present in European texts, and it does not appear lower in French texts (this was the case before 2020). Be careful though, driving from a moving vehicle must not present a risk to the safety of people, animals, the environment or property.
UAS operator number on AlphaTango.
23. Pilot registration
If the drone is equipped with a camera or weighs more than 250 grams, you must register on the official AlphaTango website to obtain a UAS operator number. This number, in the form FRAxxxxxxxxxxxxx, must be labeled on the drone. [2019/945 ANNEX]
Notes : the term "UAS operator" has no professional connotation, it concerns all users. Only one UAS operator number must be indicated on the drone.
24. Pilot Training
If the drone weighs more than 250 grams, you must follow the online training A1/A3 on the official AlphaTango website, and validate it by an online MCQ type exam that must be passed. [2019/945 ANNEX]
Note: if your drone weighs less than 250 grams, it is recommended that you still follow the A1/A3 training to learn about the basics of the regulations.
Note: A1/A3 training allows the use of a drone in the Open category. She does not allow use in the Specific category. To do this, you must obtain a Theoretical Aptitude Certificate for Remote Pilots (CATT) at the DSAC examination center and follow practical training.
25. Drone registration
Drone registration number on AlphaTango.
If the drone weighs more than 800 grams, you must create an account on the official AlphaTango website, register the drone on the AlphaTango website to obtain an identification number in the form UAS-FR-xxxxxx, and label this number on the drone. Finally, the drone must be equipped with an electronic signaling device: either integrated into the firmware of the drone by the manufacturer and to be activated, or in the form of a beacon to be added (see here for a panorama beacon accessories). In case of sale, loss, theft or destruction of a drone weighing more than 800 grams, it is imperative to remove it from AlphaTango. (required only in France) [Decree No. 2018-882 and Order of October 19, 2018]
Note: do not confuse the UAS operator number which is a European requirement concerning the pilot (to use drones with camera or over 250 grams), and the identification number which is a French requirement concerning the drone (more than 800 grams).
Footnotes : in the case of a device weighing more than 800 grams, it must be labeled with the UAS operator number (European requirement) AND with the drone registration number (French requirement).
Note: the creation of an account on AlphaTango and the registration of a drone weighing more than 800 grams are mandatory even if it only operates indoors (yes, even if the regulations do not concern indoor flights !), but not online training or electronic reporting. (required only in France)
Illustration credit: René Deymonaz / DSAC.
26. VOLTACs and SETBAs
If the drone weighs more than 900 grams and is operating in VOLTAC sectors and active SETBAs, it is imperative to notify the Ministry of the Armed Forces via an online form on AlphaTango (see here these two acronyms mean nothing to you). (required only in France) [Space Order Art.6 2°ii.]
27. Liability and insurance
The pilot's liability may be engaged if his aircraft causes damage to persons and property. [Transport Code L. 6131]
Note: being insured for practice in the Open category is not an obligation imposed by the regulations, but it is strongly recommended to check that you are covered by your multi-risk insurance (by making the request to your insurer) and to contract one if necessary.
Note: in the case of immersion flights, in the Open category, it is the pilot who is responsible for the flight. In the Specific category under national scenarios, the observer is responsible for the flight.
Note: flights for commercial purposes can be practiced in the Open category, insofar as they comply with the requirements of this category. Note, however, that providing services requires the possibility of invoicing and imposes insurance.
Note: devices over 20 kilos, regardless of category (including Open) must be insured.[Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004]
28. Radio Links
The maximum authorized radio transmission power in Europe is 25 mW at 5,8 GHz and 100 mW at 2,4 GHz. [National Frequency Agency (ANFR)]
29. Photographs, declarations and authorizations
Note: the obligations to declare aerial photography in the visible spectrum and to authorize aerial photography in the invisible spectrum have been discontinued since January 1, 2023. (see here)
Shots in the visible spectrum (conventional cameras) are subject to a declaration valid for 3 years throughout France. The document to be completed and the instructions are here. (required only in France) [Civil Aviation Code, D133-10]
Shooting in the invisible spectrum (thermal cameras for example) is subject to an authorization to be requested from the prefecture, valid for 3 years. This authorization gives rise to checks by the administration. The document to be completed and the instructions are here (tab Images invisible to the human eye). (required only in France) [Civil Aviation Code, D133-10]
Note the difference: an authorization is required for the invisible, while a simple declaration is enough for the visible. Note that it is sometimes necessary to insist with the administration to obtain authorization invisibly: it tends to consider the Open category as exclusively intended for leisure and sometimes rejects requests in this respect.
30. In case of control
During any flight, the pilot must be able to present his training and drone registration certificates. Print them out or have them available on a smartphone for presentation in case of control. He must also be able to produce an identity document.
31. It's not over!
CE marking with C1 class label on the DJI Mavic 3 Classic.
To know the other rules to respect and what you are entitled to, there are 4 possible scenarios: [2019/945 and 2019/947]
How to tell if a drone has a class indication for the Open category? One of these 5 symbols C0, C1, C2, C4, C4 must be affixed to it. If there are none, the drone is devoid of class identification.
Note: adding or replacing parts on the drone, or modifying its firmware, are modifications that can invalidate its class indication, for example in the event of overweight, overspeed, increased noise, behavior in the event of loss of radio link, etc.
What is a drone privately built ? It is a device assembled or manufactured for the personal use of the manufacturer, excluding UAS assembled from a set of parts placed on the market by the manufacturer in the form of a single ready-to-assemble kit ". To put it simply, a privately built drone is a device assembled from various components acquired separately. RTF (ready to fly), BnF (ready to pair) or complete kit (ready to assemble) FPV racers are not considered privately built. [2019/945 Section 3.22]
Note: drones in classes C1, C2 and C3 must broadcast direct remote identification and be equipped with a geovigilance function (which warns the pilot in the event of entry into a prohibited flight zone). Be aware that the first devices with a CE marking with class indication are not operational for direct remote identification, nor for geovigilance (at least not with cards that comply with the regulations).
(A) My drone has a class indication, here is what I can do now:
If the drone is class C0 (less than 250 grams), the flight is operated in sub-category A1: – flying over people is allowed – overflight of residential, commercial, industrial and recreational areas is allowed – automatic Follow-me type flights are possible without the presence of an observer, but at a distance of 50 meters max from the remote pilot
If the drone is class C1 (less than 900 grams), the flight is operated in sub-category A1: – the overflight of people is prohibited but tolerated if it is involuntary and stopped quickly – overflight of residential, commercial, industrial and recreational areas is allowed – automatic Follow-me type flights are possible without the presence of an observer, but at a distance of 50 meters max from the remote pilot
If the drone is class C3 (less than 25 kg), the flight is operated in sub-category A3: – you have to fly away from people in such a way that they are never endangered – you must fly more than 150 meters from residential, commercial, industrial and recreational areas
If the drone is class C2 (less than 4 kg), the flight is operated in sub-category A3 like a class C3 drone: – you have to fly away from people in such a way that they are never endangered – you must fly more than 150 meters from residential, commercial, industrial and recreational areas. But if you have successfully passed an additional theoretical exam (not yet available, see the note below) and a self-training, it is possible to operate the flight in sub-category A2: – you can approach up to 30 meters of people – overflight of residential, commercial, industrial and recreational areas is allowed
If the drone is class C4 (less than 25 kg and no automatic control mode), the flight is operated in sub-category A3: – you have to fly away from people in such a way that they are never endangered – you must fly more than 150 meters from residential, commercial, industrial and recreational areas
Note: even if the European regulations indicate that the overflight of residential, commercial, industrial and recreational areas is authorized, keep in mind that flights in France in the Open category are prohibited above public space in built-up areas.
Note: To practice in sub-category A2, you must pass an additional theoretical exam and attest to self-training. Problem: this exam is still not offered in France. One solution is to pass it in a member country of the European Union. Another solution ? Have the Remote Pilot Aptitude Certificate (BAPD) which is obtained automatically for remote pilots who have (and obtained before January 1, 2022) a Certificate of Theoretical Aptitude for Remote Pilot (CATT) passed at a DSAC examination center and practical training, or a certificate of remote pilot aptitude, or a military qualification. The BAPD has an assured validity until December 31, 2025.
Note: Class C4 requires a drone "devoid of automatic control modes, except for assistance in stabilizing the flight without direct effect on the trajectory and for assistance in the event of loss of the drone link". [2019/945 ANNEX Part 53 )]
That's all... (and that's already a lot)
(B) My drone has no class indication, here is what I can do until December 31, 2023:
If the drone weighs less than 250 grams, the flight is operated in limited A1 subcategory: – flying over people is allowed – overflight of residential, commercial, industrial and recreational areas is allowed
If the drone weighs between 250 and 500 grams, the flight is operated in limited A1 subcategory: – the overflight of people is prohibited but tolerated if it is involuntary and stopped quickly – overflight of residential, commercial, industrial and recreational areas is allowed
If the drone weighs between 500 grams and 2 kg, the flight is operated in limited A3 subcategory: – you have to fly away from people in such a way that they are never endangered – you must fly more than 150 meters from residential, commercial, industrial and recreational areas But under conditions (see note below), it is possible to operate the flight in sub-category A2 Limited: – you can approach up to 50 meters of people – overflight of residential, commercial, industrial and recreational areas is allowed
If the drone weighs between 2 and 25 kg, the flight is operated in limited A3 subcategory: – you have to fly away from people in such a way that they are never endangered – you must fly more than 150 meters from residential, commercial, industrial and recreational areas
Note: even if the European regulations indicate that the overflight of residential, commercial, industrial and recreational areas is authorized, keep in mind that flights in France in the Open category are prohibited above public space in built-up areas.
Note: To practice in the A2 Limited sub-category in France, you must have a Certificat d'Aptitude Théorique de Télépilote (CATT) and practical training.
That's all... (and that's already a lot)
(C) My drone has no class indication, here is what I can do after January 1, 2024:
Phantom X concept by DJI, 2015.
If the drone weighs less than 250 grams, the flight is operated in limited A1 subcategory: – flying over people is allowed – overflight of residential, commercial, industrial and recreational areas is allowed
If the drone weighs between 250 grams and 25 kg, the flight is operated in limited A3 subcategory: – you have to fly away from people in such a way that they are never endangered – you must fly more than 150 meters from residential, commercial, industrial and recreational areas
Note: the drone must have been placed on the market before January 1, 2024. If the drone is placed on the market after January 1, 2024 and it does not have a class indication, then it cannot be used in the Open category.
Note: even if the European regulations indicate that the overflight of residential, commercial, industrial and recreational areas is authorized, keep in mind that flights in France in the Open category are prohibited above public space in built-up areas.
Note: the A2 sub-category will not be available with a drone without class marking after January 1, 2024.
That's all... (and that's already a lot)
(D) My drone is privately built:
CultureFPV's Cult frame, intended to be built privately.
If the drone weighs less than 250 grams, the flight is operated in limited A1 subcategory: – flying over people is allowed – overflight of residential, commercial, industrial and recreational areas is allowed
If the drone weighs between 250 grams and 25 kg, the flight is operated in limited A3 subcategory: – you have to fly away from people in such a way that they are never endangered – you must fly more than 150 meters from residential, commercial, industrial and recreational areas
That's all... (and that's already a lot)
Note: Privately built drones are exempt from direct remote identification and geovigilance. Those weighing more than 800 grams remain subject to the obligation of remote electronic reporting in France.
Note: even if the European regulations indicate that the overflight of residential, commercial, industrial and recreational areas is authorized, keep in mind that flights in France in the Open category are prohibited above public space in built-up areas.
The AlphaTango website to declare yourself as a UAS operator, follow the online training and pass the A1/A3 exam and register drones weighing more than 800 grams
Hi Fred, thanks for the job. It is this article that we should necessarily find in the boxes of the drones we buy!
However, I disagree with you on:
– point 8 (age of the pilot): “You need 14 years of age in France to fly, except with a class C0 drone”. You forgot to specify “of class C0 considered as a toy”. Indeed, there are (will) class C0 drones which will not be considered as toys, and those which will be considered as toys within the meaning of EC Directive 2009/48/EC (mainly supermarket drones, mentioning a minimum age).
Finally, your article is done in duplicate (when you reach the end, it starts again, as if you had copied and pasted it, but with different illustration images…).
@ Fred1: Thank you thank you Fred, I'll fix that ASAP!!! 🙂
Personally, it affects me one without moving the other.
Let's fly hidden, let's fly happy. In the most basic rules of environmental common sense, rigor and… Safety!! As a good father, what!
What an education!
Hi Fred,
Regarding flights over built-up areas in Open Cat, no, it is not the one in yellow and orange on the ICAO 500 map (rule in force for the specific cat which defines an inhabited environment by referring to the definition in the overflight rules of the oaci 500 map legend) but all municipalities, regardless of their size.
Example: a small village with an average width of less than 1200m which does not appear on an oaci map will be prohibited from overflight in the open category because it has an entry and an exit sign (article R. 110-2 of the highway code) as everywhere in France while it will be authorized in a specific category because it is neither a yellow point nor a yellow or orange zone, it will be at worst a white point (navigation marker) above which a operator in specific category will not have to make a declaration prior to the flight in the prefecture but will ensure the safety of his flight as in any place while it will be prohibited for any operator in open category. Maybe after 2025 it will change but at the moment T, it is so.
Thank you for this work, Merry Christmas to all!
Source: https://www.ecologie.gouv.fr/sites/default/files/Guide_categorie_Ouverte.pdf PAGE 38 https://www.ecologie.gouv.fr/sites/default/files/Guide_categorie_Ouverte.pdf PAGE 18 https://www.devenir-pilote.com/wp-content/uploads/2018/03/Legende_carte_aviation_VFR_Zone_particuliere.jpg
Some people are going to return their drone to Santa Claus. Happy Holidays to all
@ Jean-Philippe C.: This is a subject that is often discussed on Facebook groups. I bring a counter-example to the use of the definition of the Highway Code.
I attended a trial at the end of September 2022. One of the charges against the pilot (without CATT) was to have flown over public space in a built-up area. The defense attorney argued that there was no reason to look to the Highway Traffic Act for aviation, demonstrated that the Highway Traffic Act definition implied the presence of buildings while 'there were obviously only one-storey houses, demonstrated that it was possible to reach the place of theft without encountering any town entrance sign and to leave it without an exit sign, and that the ICAO maps mentioned the agglomeration by name in their legend. The area in question was indicated in red agglomeration on Geoportail, but it was not retained as such! The lawyer pointed out 5 materialization errors at this location, which allowed him to demonstrate that Geoportail could only be offered as an indication.
He won his case, the flight over public space in a built-up area was ultimately not retained because the built-up area was “poorly defined”. Listening to the discussions, the “we can base ourselves” on the Highway Code of the Open category guide (on page 38) seemed to me to have played an important role in the deliberation. This lawyer used the same arguments in another argument, he was confident on the subject, but I do not know the outcome.
Hello Fred, What constraints in relation to the noise pollution of the drone, if we fly in private land in relation to the neighborhood? Thank you nice job!
In a very recent article, you mentioned that the shooting authorizations, in the visible or not, were deleted on January 1st, and you restore them?
@JP BRUN: I am not restoring them, they are still in effect until January 1, 2023. Everything in its own time, and I also indicate in a note the end of the declaration and the authorization in the preamble of the dot 29 🙂
@ Olivier: There are no particular constraints to my knowledge. I would say that to fly in your garden with a neighborhood less than 150m away, you need a device in classes C0, C1 and possibly C2, the C1 and C2 are subject to a maximum sound power level (in regulation 2019/945 part 15) – but it's up to the manufacturer to manage, not the pilot. Appliances without a class indication are not subject to a maximum sound power level.
That being said, there are provisions governing the sound volume in other codes, such as article R 1336-5 of the Public Health Code, but I do not master the subject at all... and therefore I kick in touch 🙂
Jean-Philippe C.: It is not a question of “municipalities”, but of “agglomerations”. You can very well be in a municipality while being outside agglomeration (moreover, whatever the place of the territory on which you are, you are necessarily in a municipality).
=> agglomeration and municipality, these are 2 different things.
@Fred-Permissions shots - I just saw the note - But the article is titled "Drone regulations in 2023", so it would be more appropriate to say that the shot is not subject to any authorization from the January 1, 2023, and in the form of a note, that some officials could refer to “civil aviation” regulations long before the existence of drones! Pseudo obligation ignored I think, by most drone pilots, and which moreover, to my knowledge, has never been the subject of questions in the CATD exam! In short, it's in the past.
Thank you for reading anyway, and happy new year 2023 to all.
Nice article.
Nice summary.
@ JP BRUN: Actually, it doesn't look like it, but it's thoughtful 😉 I plan to do that I do it most often when there is a notable update: on January 1st I will keep the paragraph about the subject so that it always remains indexed, accessible and searchable for those who search via Google. or other engines, but I'll cross it out and indicate the changes.
Hello Fred, very nice article, very well documented, perfect!
Small error in point 7: flight height. It is written: “devices must be operated “at a distance greater than 120 meters….” instead of: devices must NOT be operated “at a distance greater than 120 meters….”
Congratulations again and happy new year 2023!
@ Franck: Oh, yes! Thank you thank you Franck, it's corrected!
Hello,
This story of drone classes is going to be a big mess... I'm currently following the training to get my CATT, I'm going to settle in Germany for photogrammetry and aerial inspection with a Mavic 3 Enterprise but this one is devoid of class… In the end I will end up with a flying brick in 2024… It's quite extraordinary all the same.
A very good job to popularize this maquis, pure madness, like “I add what I take”.
Nothing more to say except an obsession of the authorities who see “kamikaze drones” or terrorists everywhere.
In the end, what do dronists do? They are forgotten and fly, almost everywhere, the 120 meter rule in the back pocket of the pants... overflight of cities and towns, yes absolutely abstain, (that said the overflight is also limited for tourist planes which nevla not respect)
Little by little, the amateurs deserted and changed their hobby.
Increasing FPV and RACER, which practice indoors or on rented grounds.
@ Speeder: It is to be hoped that DJI is working with its notified body on the C5 / C6 classification of its devices intended for professional use to evolve into STS scenarios…
@ LAMBERT Dominique: the risk with regulations that become impenetrable for the uninitiated person is that they are simply not respected. It is also that the police are just as overwhelmed…
Wonderful work, and what a jungle…
When will France comply with European regulations and remove “flights in France in the Open category are prohibited above public space in urban areas.” which complicates everything!
“I attended a trial at the end of September 2022. One of the charges against the pilot (without CATT) was to have flown over public space in a built-up area”
Ah, so there are lawsuits against amateur dronists! Can we read a CR somewhere? I guess there must have been a major “incident” to get there…
@ RaoulP: Thank you 🙂
No, no publication of the deliberation, and the two parties do not wish to communicate, as often.
There was no significant incident, just a complaint, which the prosecution followed up after an investigation.
And yes, this flight ban on public space in urban areas duplicates the A3 sub-category, prohibits A1 flights and especially A1 <250g while European regulations allow it. If still accidentology referred to proven facts over the past ten years, but the flight ban in built-up areas is based on the potentiality of a danger. Or if there were facilities for obtaining exemptions, for example on an empty stadium with C0 devices or classless equivalents...
Hello Fred,
Very good article. I congratulate you for the work done.
I would like to provide some additional information regarding lawyers and ongoing trials, whether for remote pilots holding a CATT or not, or even drone operators.
I sometimes assist some of them and I must say that some are specializing in regulatory loopholes. It's their job and it's very good because it advances our regulations, both national (it has not completely disappeared – and our country remains sovereign over certain regulatory provisions) and European ones.
With regard to the notion of agglomeration, the lawyer has done his job very well, even if I oppose his arguments.
If I had assisted the opposing party, I would have highlighted other undeniable points which might have pushed the lawyer towards other avenues.
But that's the way it is, and without the expectations of the parties, it's impossible to know the ins and outs, at least for people who don't have access to the files.
Good for you and all my best wishes for this new year 2023.
@ Thierry: Thank you 🙂
We will have the opportunity to discuss it in 2023, of course!
Hello Fred,
Thank you very much for this particularly interesting article. I obtained my CATT during January 2022. To obtain the BAPD automatically and according to what I read, you must be qualified (CATT) before January 1, 2022. How to obtain this BAPD for those who obtained the CATT after this date from January 1, 2022? Thanks to you
@ Guy: Here is what the DGAC replied to me on the subject in November 2021:
"For someone who does not hold the CATT+Practical Training (or equivalent), it is necessary to take the Open Category A1/A3 online exam, as well as the A2 complementary exam at the exam centre. The latter is not yet available in France, but the OPEN.A2 exams of other Member States already implemented are recognized".
Since the A2 exam is still not offered in France, you have to turn to an organization that does it in another country. I got it passed here (knowing that I have no CATT).
Hello Fred,
Great job, thank you for clearing this regulatory jungle, we can see a little more clearly!
A question to which I have not found an answer, I would like to use an A1 for commercial purposes, are there any specific formalities to be carried out?
The thank you box
@ Yannyann: The requirements are quite generic, you need to have a structure for invoicing and professional insurance (suitable for professional drone use, there are some insurers who offer it).
Thanks Fred!
Hello
I am Breton and I would like to buy a drone (the DJI Mini SE) to photograph the Breton coast. But I would like before buying it, to have a precision that I cannot find anywhere concerning the French laws for drones.
To find out where a drone can fly in France, you have to see on Geoportail drones, but on Geoportail, the west coast and Brittany (I mean the sea) are considered a no-fly zone (the sea is in red on the map ).
I don't understand why, given that there is no risk of hurting anyone or damaging the fauna and flora (there is none). If we only stick to the 10 Commandments of drones, then we are in good standing. But then why in red on Geoportail?
My question is therefore the following: Is it really impossible to make drone shots over the sea in Brittany, and if there are still possibilities, what are the rules to follow?
Thanking you for your reply
cordially
@LOUEDIN Guireg: Geoportail does not give the reasons for the bans, and it's a shame to understand.
For this, you have to turn to private services such as Naval air training and operational missions. Small caliber shots less than 12,7 mm. Flights in the service of the State of aircraft without crew on board“.” rel=”noopener” target=”_blank”>Mach 7 Drone, DroneKeeper et FlyBy.
They make it possible to identify the prohibitions, and the conditions of application. In Brittany, the sea is globally the “playground” of the army, the details look like this: “Naval air training and operational missions. Small caliber shots less than 12,7 mm. Flights in the service of the State of aircraft without crew on board".
Most of these zones can be activated 24/XNUMX, and the general public does not have easy access to information on activation dates and times. Some are not active at certain times, but reading the details is not easy without knowledge of aeronautical jargon, and risks leading to errors of interpretation, especially in the timetables.
For the sake of simplification, it is point 6 of the notice (I do not fly over sensitive or protected sites) which must be respected.
So if I understand you correctly, flying a drone over the sea in Brittany is not possible?
@ LOUEDIN Guireg: Yes, over a large part of the marine space...
Thank you very much, great article!
On the other hand, I do not believe that from 2024 the sale of drones without class identification will be prohibited. It will simply be impossible to fly them in an open category, which will impose a flight request for each outing (a bit of a headache, but not forbidden)!
@ Antoine: Very fair, I removed the mention.
Hello, thank you for this super clear and complete summary. I have an additional question that might be of interest to other people: to operate a drone in category A3, alphatango training is mandatory. As it is a European regulation, this obligation and training exist in all European states (in any case it exists in Belgium, where I live). If I follow and pass this training in a European country, can I keep my operator number everywhere in Europe or do I have to redo the training in each country? For departures on vacation, the question is important 😉
@ Frederic: The UAS operator number obtained in a country of the European Union is necessary and valid in all the countries of the European Union, and the A1/A3 training passed in a country of the European Union is necessary and valid in all countries of the European Union. So number and formation are to be obtained only once. This is the cool part of the European regulations.
But beware, training in an EU country does not prepare for the national particularities of another EU country. For example, France prohibits in the Open category night flights and flights over public space in built-up areas. France also imposes registration of drones weighing more than 800 grams (different from the European UAS operator number) with the obligation to broadcast the remote electronic report (different from the European remote identification). It is therefore relevant to follow the training of a country where one wishes to practice, not necessarily by taking the exam, the aim being to keep abreast of national particularities.
@ Fred, thanks for the work!
To make it even simpler, if I understand my 1.6 kg homemade drone in long range, can I resell it as a spare part? Too much vtx power limitation, sight theft,… ((
The hobby will slowly disappear in the EU.
@ Dom: Well let's say that the long range has been banned since 2012 already, it's been 11 years 😉
I would say that those who want to continue as before…will do so, regulation or not.
We can assume that there will be a natural selection of newcomers who will try their hand at LR without really understanding what they are doing 😉
Thank you for the answer, I had noted the specificity of the identification in France but the validity of the training on a European scale was not clear to me. And that's a real plus!
Hello,
Point 21 mentions that in urban areas, the use of drones can only be done above private space with the agreement of the occupant, and the DGAC guide has a similar mention in paragraph 6.3 .
I can't find the legal basis for this assertion?
Indeed, if 8.2 of the DGAC guide clearly explains that the overflight of private property is not prohibited as long as the exercise of the owner's right is not hindered (article L. 6211-3 of the code of
transport), I do not see any mention in the legal texts of a condition of authorization to fly over the private space of the neighbor (at sufficient height) in agglomeration.
Am I missing something?
In Germany, for example, this condition is explicit in the local drone regulations. It does not exist in any other country.
@ Fred2: No text to support that, actually. It comes from the fact that the recommendation is “1 for 1”, which potentially hinders the exercise of the owner's right (but only potentially). I'm going to think about another formulation that takes into account the distinct notions of take-off from private space and flying over private space.
@ Fred: thank you for the answer and for this very complete and useful page!
@Fred2: Thxxxx 🙂
Thank you for this decryption article that few average Beijingers are able to understand.
Given the restrictions applied to shooting drones (RIP the Inspire pro…), apart from the MiniX I only see FPV, suddenly I wonder about the interest of buying an Avata and what about after 2023 …
If I understood correctly it does not have CE class certification.
A priori the idea would be to go to the forest, or on urbex-style sites.
what bothers me the most is the noise and the obligation to have someone nearby to monitor the surroundings… but more than 150m away so as not to endanger it (?). Not easy.
In short, is it relevant to buy an AVATA in 2023?
I meant.. on a subject that few average pekins are able to understand 😉
@ Didier: In fact, the regulations have changed little for a device like the Avata. It was not authorized in agglomeration for leisure, outside private space and under conditions, before the entry into force of European regulations, it still is not.
For the presence of an observer, he is one of the people involved in the operation of the drone, so no need for the safety distance.
Yes, the average Beijinger finds it difficult to understand, the well-informed Beijinger too, by the way! This inevitably leads to non-compliance with the regulations, either through ignorance or misunderstanding, or voluntarily because they are too restrictive.
THANKS ! and thank you again for this article!!
Ah yes, for fun there is still the F3K 🙂
@ Didier: Oh unfortunate, it's a potential weapon, your glider launching by hand 🙂 🙂
Hello everyone !
Holder of the A1/A3 training certificate, I would like to know if it is possible to produce a promotional film (video of the completion of a construction site) for an individual who lives in town.
In my opinion yes: if not more than 120m and if the pilot and the drone remain on private property. (in the event of a drone crash, it remains on private property)
Thank you for your feedback
@Nico: If you want to fly in the Open category in urban areas, you actually have to take off and stay above the private domain.
There must also be no other prohibitions, for example linked to P, R, ZIT, military CTR zones, airport/heliport areas, prisons, etc. (Geoportail will probably not give you the info).
Finally, the Open category imposes distances from people and buildings according to classes or weights. You need a class C0, or C1, or C2 drone (with CATT and practical training), to fly within 150 meters of residential, commercial, industrial and recreational areas. Or a classless drone weighing less than 500 grams. Otherwise, your drone must always stay more than 150 m from these areas, which is generally not possible in the city...
Thank you @Fred for your feedback. I'm thinking of doing it with a DJI Mini 3 /C0 drone which looks very nice. I just saw on your test that it is not CE but it does not seem to be a real problem if we are in open category A1. In any case, the video quality of the drone is top and so are the tests.
The DJI Mini 4 looks very good too but a bit more expensive!
Edit: the project is located in the city but outside a large urban area, it is a manor.
@Nico: Ok, a classless device <250g allows you to fly close to buildings. It remains to be seen whether it is ok in this place compared to possible other prohibitions. For that, forget Geoportail, go to Mach 7 Drone, DroneKeeper, FlyBy, Clearance. The best is to consult them all…
“@ LOUEDIN Guireg: Yes, over a vast part of the marine area…”
I discussed it with a Navy operator who recommended that I look at the NOTAMs of the zones concerned (not always easy to find by zone R), sup aip as well as the Avurnav. Which indicates the activations of the R and D zones of the Atlantic front. So yes, flying in Brittany is possible but as usual it requires good research beforehand and naturally rules of good behavior (do not approach military boats which constitute an exclusion zone in themselves, respect life private…).
On the assisted trial in 2022, is there a deliberation now? Incidentally, the old decree mentioned an agglomeration in the aeronautical sense. The new does not define the term. Personally I take the ICAO meaning which effectively excludes small villages. I had discussed it with a lawyer who told me that it could be defended, without certainty.
I would like to know the surface area to be provided for a future Taxi Dronne
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The regulations concerning drones are based on a gigantic stack of European and French texts which call on each other, and never stop growing. The following is a summary of the rules, which I have chosen to be simplified. 
The following relates exclusively to practice in the Open category. When a flight cannot be practiced in the Open category, you must abstain or turn to the Specific category, whose requirements are more demanding (and not very suitable for leisure practice).
Drones sold in France must be delivered with a notice explaining the regulations. If it is not provided with yours, turn to the DGAC website to download it. (required only in France). [LAW n° 2016-1428 of October 24, 2016].
The use of a drone must be done taking care not to put other devices in danger. [Order Space Art.3 1°] 
It is forbidden to drop a load, and more precisely the drone « don't drop any material ». So no dropping of candy, leaflets, banknotes, engagement rings, hooks and bait. [2019/947 Section 4 1.f)]
It is imperative to check if the area where the drone is flying is authorized for flight, and if it is subject to any height restrictions. For that, you have to turn to the map Geoportal "open category uas restrictions and model aircraft" or, better, the cards Drone-Spot, Mach 7 Drone, DroneKeeper, FlyBy ou Clearance (more complex but more complete). Prohibited areas are nuclear power plants, prisons, sensitive industrial sites, hospitals, military areas, take-off and landing areas (airports, aerodromes, heliports, heliports, ultralight runways), national parks, certain natural reserves et biotope areas, etc. [Space Order Art.3 and 4] 
The Zones Prohibited to Aerial Shots (ZIPVA) concern all aviation, not just drones. They are intended to protect sensitive areas such as nuclear power plants, military bases, prisons, certain factories, etc. These are most often also no-fly zones, but not always. They are materialized by a base of maps on Geoportail, here. [Transport Code L. 6224-1]
In built-up areas, above the private space with the agreement of the occupant, it is permitted to fly provided that the area is authorized for theft (see point 16.) and the conditions comply with the shooting (see point 17.), and respecting privacy (see point 18.). [Order Space Art.5 1°]
For the Open category, the texts do not mention any ban on overflight of a road, or an expressway, or a motorway, or a railway or a waterway. Be careful all the same, it should be remembered that the overflight must not present a risk for the safety of people, animals, the environment or property – or the overflight of vehicles can present a direct risk in the event of a crash, or indirect in the event of driver distraction. Common sense is required when flying over tracks with road or rail traffic. 
Note: do not confuse the UAS operator number which is a European requirement concerning the pilot (to use drones with camera or over 250 grams), and the identification number which is a French requirement concerning the drone (more than 800 grams).
The maximum authorized radio transmission power in Europe is 25 mW at 5,8 GHz and 100 mW at 2,4 GHz. [National Frequency Agency (ANFR)]
Shooting in the invisible spectrum (thermal cameras for example) is subject to an authorization to be requested from the prefecture, valid for 3 years. This authorization gives rise to checks by the administration. The document to be completed and the instructions are here (tab Images invisible to the human eye). (required only in France) [Civil Aviation Code, D133-10]
If the drone is class C0 (less than 250 grams), the flight is operated in sub-category A1:
If the drone is class C1 (less than 900 grams), the flight is operated in sub-category A1:
If the drone is class C3 (less than 25 kg), the flight is operated in sub-category A3:
If the drone is class C2 (less than 4 kg), the flight is operated in sub-category A3 like a class C3 drone:
If the drone is class C4 (less than 25 kg and no automatic control mode), the flight is operated in sub-category A3:
If the drone weighs less than 250 grams, the flight is operated in limited A1 subcategory:
Hi Fred, thanks for the job. It is this article that we should necessarily find in the boxes of the drones we buy!
However, I disagree with you on:
– point 8 (age of the pilot): “You need 14 years of age in France to fly, except with a class C0 drone”. You forgot to specify “of class C0 considered as a toy”. Indeed, there are (will) class C0 drones which will not be considered as toys, and those which will be considered as toys within the meaning of EC Directive 2009/48/EC (mainly supermarket drones, mentioning a minimum age).
Finally, your article is done in duplicate (when you reach the end, it starts again, as if you had copied and pasted it, but with different illustration images…).
@ Fred1: Thank you thank you Fred, I'll fix that ASAP!!! 🙂
Personally, it affects me one without moving the other.
Let's fly hidden, let's fly happy. In the most basic rules of environmental common sense, rigor and… Safety!! As a good father, what!
What an education!
Hi Fred,
Regarding flights over built-up areas in Open Cat, no, it is not the one in yellow and orange on the ICAO 500 map (rule in force for the specific cat which defines an inhabited environment by referring to the definition in the overflight rules of the oaci 500 map legend) but all municipalities, regardless of their size.
Example: a small village with an average width of less than 1200m which does not appear on an oaci map will be prohibited from overflight in the open category because it has an entry and an exit sign (article R. 110-2 of the highway code) as everywhere in France while it will be authorized in a specific category because it is neither a yellow point nor a yellow or orange zone, it will be at worst a white point (navigation marker) above which a operator in specific category will not have to make a declaration prior to the flight in the prefecture but will ensure the safety of his flight as in any place while it will be prohibited for any operator in open category. Maybe after 2025 it will change but at the moment T, it is so.
Thank you for this work, Merry Christmas to all!
Source: https://www.ecologie.gouv.fr/sites/default/files/Guide_categorie_Ouverte.pdf PAGE 38
https://www.ecologie.gouv.fr/sites/default/files/Guide_categorie_Ouverte.pdf PAGE 18
https://www.devenir-pilote.com/wp-content/uploads/2018/03/Legende_carte_aviation_VFR_Zone_particuliere.jpg
Some people are going to return their drone to Santa Claus. Happy Holidays to all
@ Jean-Philippe C.: This is a subject that is often discussed on Facebook groups. I bring a counter-example to the use of the definition of the Highway Code.
I attended a trial at the end of September 2022. One of the charges against the pilot (without CATT) was to have flown over public space in a built-up area. The defense attorney argued that there was no reason to look to the Highway Traffic Act for aviation, demonstrated that the Highway Traffic Act definition implied the presence of buildings while 'there were obviously only one-storey houses, demonstrated that it was possible to reach the place of theft without encountering any town entrance sign and to leave it without an exit sign, and that the ICAO maps mentioned the agglomeration by name in their legend. The area in question was indicated in red agglomeration on Geoportail, but it was not retained as such! The lawyer pointed out 5 materialization errors at this location, which allowed him to demonstrate that Geoportail could only be offered as an indication.
He won his case, the flight over public space in a built-up area was ultimately not retained because the built-up area was “poorly defined”. Listening to the discussions, the “we can base ourselves” on the Highway Code of the Open category guide (on page 38) seemed to me to have played an important role in the deliberation. This lawyer used the same arguments in another argument, he was confident on the subject, but I do not know the outcome.
Hello Fred, What constraints in relation to the noise pollution of the drone, if we fly in private land in relation to the neighborhood? Thank you nice job!
In a very recent article, you mentioned that the shooting authorizations, in the visible or not, were deleted on January 1st, and you restore them?
@JP BRUN: I am not restoring them, they are still in effect until January 1, 2023. Everything in its own time, and I also indicate in a note the end of the declaration and the authorization in the preamble of the dot 29 🙂
@ Olivier: There are no particular constraints to my knowledge. I would say that to fly in your garden with a neighborhood less than 150m away, you need a device in classes C0, C1 and possibly C2, the C1 and C2 are subject to a maximum sound power level (in regulation 2019/945 part 15) – but it's up to the manufacturer to manage, not the pilot. Appliances without a class indication are not subject to a maximum sound power level.
That being said, there are provisions governing the sound volume in other codes, such as article R 1336-5 of the Public Health Code, but I do not master the subject at all... and therefore I kick in touch 🙂
Jean-Philippe C.: It is not a question of “municipalities”, but of “agglomerations”. You can very well be in a municipality while being outside agglomeration (moreover, whatever the place of the territory on which you are, you are necessarily in a municipality).
=> agglomeration and municipality, these are 2 different things.
@Fred-Permissions shots - I just saw the note - But the article is titled "Drone regulations in 2023", so it would be more appropriate to say that the shot is not subject to any authorization from the January 1, 2023, and in the form of a note, that some officials could refer to “civil aviation” regulations long before the existence of drones! Pseudo obligation ignored I think, by most drone pilots, and which moreover, to my knowledge, has never been the subject of questions in the CATD exam! In short, it's in the past.
Thank you for reading anyway, and happy new year 2023 to all.
Nice article.
Nice summary.
@ JP BRUN: Actually, it doesn't look like it, but it's thoughtful 😉 I plan to do that I do it most often when there is a notable update: on January 1st I will keep the paragraph about the subject so that it always remains indexed, accessible and searchable for those who search via Google. or other engines, but I'll cross it out and indicate the changes.
Hello Fred, very nice article, very well documented, perfect!
Small error in point 7: flight height. It is written: “devices must be operated “at a distance greater than 120 meters….” instead of: devices must NOT be operated “at a distance greater than 120 meters….”
Congratulations again and happy new year 2023!
@ Franck: Oh, yes! Thank you thank you Franck, it's corrected!
Hello,
This story of drone classes is going to be a big mess... I'm currently following the training to get my CATT, I'm going to settle in Germany for photogrammetry and aerial inspection with a Mavic 3 Enterprise but this one is devoid of class… In the end I will end up with a flying brick in 2024… It's quite extraordinary all the same.
A very good job to popularize this maquis, pure madness, like “I add what I take”.
Nothing more to say except an obsession of the authorities who see “kamikaze drones” or terrorists everywhere.
In the end, what do dronists do? They are forgotten and fly, almost everywhere, the 120 meter rule in the back pocket of the pants... overflight of cities and towns, yes absolutely abstain, (that said the overflight is also limited for tourist planes which nevla not respect)
Little by little, the amateurs deserted and changed their hobby.
Increasing FPV and RACER, which practice indoors or on rented grounds.
@ Speeder: It is to be hoped that DJI is working with its notified body on the C5 / C6 classification of its devices intended for professional use to evolve into STS scenarios…
@ LAMBERT Dominique: the risk with regulations that become impenetrable for the uninitiated person is that they are simply not respected. It is also that the police are just as overwhelmed…
Wonderful work, and what a jungle…
When will France comply with European regulations and remove “flights in France in the Open category are prohibited above public space in urban areas.” which complicates everything!
“I attended a trial at the end of September 2022. One of the charges against the pilot (without CATT) was to have flown over public space in a built-up area”
Ah, so there are lawsuits against amateur dronists! Can we read a CR somewhere? I guess there must have been a major “incident” to get there…
@ RaoulP: Thank you 🙂
No, no publication of the deliberation, and the two parties do not wish to communicate, as often.
There was no significant incident, just a complaint, which the prosecution followed up after an investigation.
And yes, this flight ban on public space in urban areas duplicates the A3 sub-category, prohibits A1 flights and especially A1 <250g while European regulations allow it. If still accidentology referred to proven facts over the past ten years, but the flight ban in built-up areas is based on the potentiality of a danger. Or if there were facilities for obtaining exemptions, for example on an empty stadium with C0 devices or classless equivalents...
Hello Fred,
Very good article. I congratulate you for the work done.
I would like to provide some additional information regarding lawyers and ongoing trials, whether for remote pilots holding a CATT or not, or even drone operators.
I sometimes assist some of them and I must say that some are specializing in regulatory loopholes. It's their job and it's very good because it advances our regulations, both national (it has not completely disappeared – and our country remains sovereign over certain regulatory provisions) and European ones.
With regard to the notion of agglomeration, the lawyer has done his job very well, even if I oppose his arguments.
If I had assisted the opposing party, I would have highlighted other undeniable points which might have pushed the lawyer towards other avenues.
But that's the way it is, and without the expectations of the parties, it's impossible to know the ins and outs, at least for people who don't have access to the files.
Good for you and all my best wishes for this new year 2023.
@ Thierry: Thank you 🙂
We will have the opportunity to discuss it in 2023, of course!
Hello Fred,
Thank you very much for this particularly interesting article. I obtained my CATT during January 2022. To obtain the BAPD automatically and according to what I read, you must be qualified (CATT) before January 1, 2022. How to obtain this BAPD for those who obtained the CATT after this date from January 1, 2022? Thanks to you
@ Guy: Here is what the DGAC replied to me on the subject in November 2021:
"For someone who does not hold the CATT+Practical Training (or equivalent), it is necessary to take the Open Category A1/A3 online exam, as well as the A2 complementary exam at the exam centre. The latter is not yet available in France, but the OPEN.A2 exams of other Member States already implemented are recognized".
Since the A2 exam is still not offered in France, you have to turn to an organization that does it in another country. I got it passed here (knowing that I have no CATT).
Hello Fred,
Great job, thank you for clearing this regulatory jungle, we can see a little more clearly!
A question to which I have not found an answer, I would like to use an A1 for commercial purposes, are there any specific formalities to be carried out?
The thank you box
@ Yannyann: The requirements are quite generic, you need to have a structure for invoicing and professional insurance (suitable for professional drone use, there are some insurers who offer it).
Thanks Fred!
Hello
I am Breton and I would like to buy a drone (the DJI Mini SE) to photograph the Breton coast. But I would like before buying it, to have a precision that I cannot find anywhere concerning the French laws for drones.
To find out where a drone can fly in France, you have to see on Geoportail drones, but on Geoportail, the west coast and Brittany (I mean the sea) are considered a no-fly zone (the sea is in red on the map ).
I don't understand why, given that there is no risk of hurting anyone or damaging the fauna and flora (there is none). If we only stick to the 10 Commandments of drones, then we are in good standing. But then why in red on Geoportail?
My question is therefore the following: Is it really impossible to make drone shots over the sea in Brittany, and if there are still possibilities, what are the rules to follow?
Thanking you for your reply
cordially
@LOUEDIN Guireg: Geoportail does not give the reasons for the bans, and it's a shame to understand.
For this, you have to turn to private services such as Naval air training and operational missions. Small caliber shots less than 12,7 mm. Flights in the service of the State of aircraft without crew on board“.” rel=”noopener” target=”_blank”>Mach 7 Drone, DroneKeeper et FlyBy.
They make it possible to identify the prohibitions, and the conditions of application. In Brittany, the sea is globally the “playground” of the army, the details look like this: “Naval air training and operational missions. Small caliber shots less than 12,7 mm. Flights in the service of the State of aircraft without crew on board".
Most of these zones can be activated 24/XNUMX, and the general public does not have easy access to information on activation dates and times. Some are not active at certain times, but reading the details is not easy without knowledge of aeronautical jargon, and risks leading to errors of interpretation, especially in the timetables.
For the sake of simplification, it is point 6 of the notice (I do not fly over sensitive or protected sites) which must be respected.
So if I understand you correctly, flying a drone over the sea in Brittany is not possible?
@ LOUEDIN Guireg: Yes, over a large part of the marine space...
Thank you very much, great article!
On the other hand, I do not believe that from 2024 the sale of drones without class identification will be prohibited. It will simply be impossible to fly them in an open category, which will impose a flight request for each outing (a bit of a headache, but not forbidden)!
@ Antoine: Very fair, I removed the mention.
Hello, thank you for this super clear and complete summary. I have an additional question that might be of interest to other people: to operate a drone in category A3, alphatango training is mandatory. As it is a European regulation, this obligation and training exist in all European states (in any case it exists in Belgium, where I live). If I follow and pass this training in a European country, can I keep my operator number everywhere in Europe or do I have to redo the training in each country? For departures on vacation, the question is important 😉
@ Frederic: The UAS operator number obtained in a country of the European Union is necessary and valid in all the countries of the European Union, and the A1/A3 training passed in a country of the European Union is necessary and valid in all countries of the European Union. So number and formation are to be obtained only once. This is the cool part of the European regulations.
But beware, training in an EU country does not prepare for the national particularities of another EU country. For example, France prohibits in the Open category night flights and flights over public space in built-up areas. France also imposes registration of drones weighing more than 800 grams (different from the European UAS operator number) with the obligation to broadcast the remote electronic report (different from the European remote identification). It is therefore relevant to follow the training of a country where one wishes to practice, not necessarily by taking the exam, the aim being to keep abreast of national particularities.
@ Fred, thanks for the work!
To make it even simpler, if I understand my 1.6 kg homemade drone in long range, can I resell it as a spare part? Too much vtx power limitation, sight theft,… ((
The hobby will slowly disappear in the EU.
@ Dom: Well let's say that the long range has been banned since 2012 already, it's been 11 years 😉
I would say that those who want to continue as before…will do so, regulation or not.
We can assume that there will be a natural selection of newcomers who will try their hand at LR without really understanding what they are doing 😉
Thank you for the answer, I had noted the specificity of the identification in France but the validity of the training on a European scale was not clear to me. And that's a real plus!
Hello,
Point 21 mentions that in urban areas, the use of drones can only be done above private space with the agreement of the occupant, and the DGAC guide has a similar mention in paragraph 6.3 .
I can't find the legal basis for this assertion?
Indeed, if 8.2 of the DGAC guide clearly explains that the overflight of private property is not prohibited as long as the exercise of the owner's right is not hindered (article L. 6211-3 of the code of
transport), I do not see any mention in the legal texts of a condition of authorization to fly over the private space of the neighbor (at sufficient height) in agglomeration.
Am I missing something?
In Germany, for example, this condition is explicit in the local drone regulations. It does not exist in any other country.
@ Fred2: No text to support that, actually. It comes from the fact that the recommendation is “1 for 1”, which potentially hinders the exercise of the owner's right (but only potentially). I'm going to think about another formulation that takes into account the distinct notions of take-off from private space and flying over private space.
@ Fred: thank you for the answer and for this very complete and useful page!
@Fred2: Thxxxx 🙂
Thank you for this decryption article that few average Beijingers are able to understand.
Given the restrictions applied to shooting drones (RIP the Inspire pro…), apart from the MiniX I only see FPV, suddenly I wonder about the interest of buying an Avata and what about after 2023 …
If I understood correctly it does not have CE class certification.
A priori the idea would be to go to the forest, or on urbex-style sites.
what bothers me the most is the noise and the obligation to have someone nearby to monitor the surroundings… but more than 150m away so as not to endanger it (?). Not easy.
In short, is it relevant to buy an AVATA in 2023?
I meant.. on a subject that few average pekins are able to understand 😉
@ Didier: In fact, the regulations have changed little for a device like the Avata. It was not authorized in agglomeration for leisure, outside private space and under conditions, before the entry into force of European regulations, it still is not.
For the presence of an observer, he is one of the people involved in the operation of the drone, so no need for the safety distance.
Yes, the average Beijinger finds it difficult to understand, the well-informed Beijinger too, by the way! This inevitably leads to non-compliance with the regulations, either through ignorance or misunderstanding, or voluntarily because they are too restrictive.
THANKS ! and thank you again for this article!!
Ah yes, for fun there is still the F3K 🙂
@ Didier: Oh unfortunate, it's a potential weapon, your glider launching by hand 🙂 🙂
Hello everyone !
Holder of the A1/A3 training certificate, I would like to know if it is possible to produce a promotional film (video of the completion of a construction site) for an individual who lives in town.
In my opinion yes: if not more than 120m and if the pilot and the drone remain on private property. (in the event of a drone crash, it remains on private property)
Thank you for your feedback
@Nico: If you want to fly in the Open category in urban areas, you actually have to take off and stay above the private domain.
There must also be no other prohibitions, for example linked to P, R, ZIT, military CTR zones, airport/heliport areas, prisons, etc. (Geoportail will probably not give you the info).
Finally, the Open category imposes distances from people and buildings according to classes or weights. You need a class C0, or C1, or C2 drone (with CATT and practical training), to fly within 150 meters of residential, commercial, industrial and recreational areas. Or a classless drone weighing less than 500 grams. Otherwise, your drone must always stay more than 150 m from these areas, which is generally not possible in the city...
Thank you @Fred for your feedback. I'm thinking of doing it with a DJI Mini 3 /C0 drone which looks very nice. I just saw on your test that it is not CE but it does not seem to be a real problem if we are in open category A1. In any case, the video quality of the drone is top and so are the tests.
The DJI Mini 4 looks very good too but a bit more expensive!
Edit: the project is located in the city but outside a large urban area, it is a manor.
@Nico: Ok, a classless device <250g allows you to fly close to buildings. It remains to be seen whether it is ok in this place compared to possible other prohibitions. For that, forget Geoportail, go to Mach 7 Drone, DroneKeeper, FlyBy, Clearance. The best is to consult them all…
“@ LOUEDIN Guireg: Yes, over a vast part of the marine area…”
I discussed it with a Navy operator who recommended that I look at the NOTAMs of the zones concerned (not always easy to find by zone R), sup aip as well as the Avurnav. Which indicates the activations of the R and D zones of the Atlantic front. So yes, flying in Brittany is possible but as usual it requires good research beforehand and naturally rules of good behavior (do not approach military boats which constitute an exclusion zone in themselves, respect life private…).
On the assisted trial in 2022, is there a deliberation now? Incidentally, the old decree mentioned an agglomeration in the aeronautical sense. The new does not define the term. Personally I take the ICAO meaning which effectively excludes small villages. I had discussed it with a lawyer who told me that it could be defended, without certainty.
I would like to know the surface area to be provided for a future Taxi Dronne