Drones have become a popular hobby and work tool in recent years. However, as interest in drones increases, so does the need to be aware of legal frameworks and limitations.
Applications of drones
Drones are very popular in various fields. As a leisure and hobby activity, they enable flying fun, aerial photography and participation in drone races. Photographers and filmmakers use drones to create stunning aerial shots of landscapes, sporting events or weddings. In surveying and mapping, they offer cost-effective and efficient options for capturing large areas and creating 3D models. Farmers and foresters use drones to monitor crop growth, irrigation and pest infestation to manage their land more efficiently. In emergency medical services and civil protection, drones play an important role by facilitating access to hard-to-reach areas, helping to save lives and minimize damage.
The legal situation
In Germany and Europe, flying drones is regulated by the EU Drone Regulation, which came into force on December 31, 2020. The regulation creates clear rules and limits for the use of drones.
According to the EU drone regulation, drone operators must be registered in the open category with a take-off mass of at least 250 grams. This regulation also affects lighter drones under 250 grams, provided they are equipped with cameras or similar sensors and are not classified as toys under the Toy Safety Directive. The open category includes drones with a take-off mass of less than 25 kilograms, flying at a maximum altitude of 120 meters within visual range and neither carrying dangerous goods nor dropping objects. This category is divided into three subcategories: A1 (up to 900 grams), A2 (up to 4 kilograms) and A3 (up to 25 kilograms).
Other regulations and laws
Flight altitude: The maximum flight altitude for drones is 120 meters above ground, unless the pilot has a special permit or you are on model airfields.
No-Fly Zones: There are certain zones where flying drones is strictly prohibited. These include airports, military restricted zones, nature reserves and residential areas. In addition, flying over crowds, accident sites, rescue service sites and industrial plants is prohibited. In addition, a distance of 100 meters to motorways, federal trunk roads, waterways, railway systems, overhead lines and power plants must be guaranteed.
Drone driver’s license: The so-called “drone driver’s license” or proof of competence is now mandatory for drones with a take-off mass of 250 grams or more, while previously the limit was 2 kilograms. In the sub-categories A1 and A3 of the open category, proof can be obtained through a simple online test on the website of the Luftfahrt-Bundesamt (LBA). For sub-category A2, practical self-study and another theory test at an LBA-approved body are required in addition to the proof of competence in order to receive the EU long-distance pilot certificate A2.
Visual flight rule: Drones may only be flown within the pilot’s visual range. This means that the pilot must be able to observe the drone at all times without tools such as binoculars or cameras. An additional person is required as an observer to operate drones with first-person-view (FPV) goggles. If you also want to fly at night, it has been mandatory since July 1, 2022 to use a green flashing light.
Insurance: In Germany, drone pilots are required to take out liability insurance in order to be covered in the event of damage or an accident. It should be noted, however, that private liability insurance is not sufficient. It is mandatory to take out additional insurance for drones, which is available from just a few euros a year.
Data protection: When using drones with a camera, data protection must be observed. Taking photos or videos on which people can be identified is only permitted with their express consent.
Minimum age: The EU drone regulation sets a minimum age of 16 for flying drones. In exceptional cases, such as under the supervision of an authorized pilot, younger people can also control a drone.
Dominik Maier / Editor finanzen.net