New EU Rules for the Operation of Unmanned Aircraft

In recent months, the SMV, working closely with associations from several EU member states as well as the European Model Flying Union (EMFU) and the Fédération Aéronautique Internationale (FAI), has succeeded in securing a number of important changes. As a result, when adopting the legislation, Switzerland will be able to decide to retain its current liberal system for the operation of model aircraft without any significant changes. The decision on whether and to what extent this will be the case now rests with the Swiss authorities, in particular the Federal Office of Civil Aviation (FOCA). The FOCA has assured us on several occasions that it intends to retain our current rules. The SMV is working with the FOCA to ensure this.

If the FOCA ensures that model aircraft pilots can continue to fly in Switzerland as before, the SMV could accept the application of the new EU legislation. This would also mean that the SMV no longer necessarily sees the need to exempt the operation of model aircraft from the application of the bilateral air transport agreement with the EU, as called for in the motion submitted in June 2018 by AeCS Central President and National Council member Matthias Jauslin “Do Not Jeopardize Liberal Swiss Model Aircraft Legislation” submitted in June 2018.

The most important provision of the new EU law is the option for member states to establish their own rules for “activities carried out within the framework of model aircraft clubs and associations” (Article 16). Based on this provision, the authorities of EU member states and Switzerland may, upon request, grant a model aircraft club or association a permit that specifies the conditions for operating model aircraft within the framework of these clubs and associations. This permit is issued in accordance with national regulations. The only mandatory EU requirement is that all model aircraft pilots operating models weighing more than 250 g must be registered in a national registry that is linked to registries throughout the EU. Clubs and associations are permitted to handle this registration for their members themselves, thereby avoiding additional costs for our members. Every SMV member can thus be automatically registered. This registration is valid throughout the EU (i.e., no further registration is required if a pilot wishes to fly in an EU country). The registration number must be affixed to the model aircraft. →

The regulations do not impose any additional requirements or restrictions on the operation of model aircraft under this permit. This means that the FOCA may decide to maintain the currently valid rules. Continuing the current system as it stands is the SMV’s main demand in our discussions with the FOCA.

An important point is what is meant by “activities within the framework of model aircraft clubs and associations.” It is clear that the authorization must apply, at a minimum, to all SMV members and guests of our clubs and associations. The authorization must not only permit flying at our clubs’ airfields but also at all other locations where we are currently permitted to fly our models. To ensure that the currently valid rules continue to apply to all model aircraft pilots in Switzerland, the SMV believes that the scope of the permit must cover all model aircraft pilots in Switzerland (not just SMV members and our guests).

The EU regulations are expected to take effect in June 2019, shortly after their publication. The registration requirement will apply in the EU starting June 1, 2020, and authorization to continue flying within the framework of clubs and associations must be granted by June 1, 2022. Until then, model aircraft pilots may continue to fly in accordance with current national legislation. It is expected that Switzerland will adopt the rules starting in 2020, while taking advantage of the option to enact Swiss regulations for “activities within the framework of model aircraft clubs and associations” that will allow model aircraft flying to continue as before.

The new EU rules for unmanned aircraft are based on the Open Category rules. These Open Category rules apply to all model aircraft activities unless the national authority issues its own rules governing activities within model aircraft clubs and associations.

The rules for this Open Category were written for unmanned aircraft—commonly referred to as drones—but not for model aircraft. Earlier drafts of these rules would have severely restricted the operation of model aircraft, particularly regarding maximum flight altitude during slope flying and the distance from bystanders. Thanks to the efforts of model aviation associations, these restrictions have been eased. As a result, the Open Category rules improve conditions for model pilots in EU member states who are currently subject to very restrictive regulations. For countries that currently have liberal regulations governing the operation of model aircraft (such as Switzerland and Germany), however, flying under the Open Category rules would lead to serious and unacceptable restrictions.

The Open Category rules are very complex and depend on the weight of the aircraft and the location where it is flown. The key rules are:

• A weight limit of 25 kg;
• Flying only within visual line of sight, at a safe distance from people, and not over gatherings of people;
• A maximum distance of 120 meters from the ground (vertically and horizontally).

Thanks to our efforts, the altitude limit for gliders weighing up to 10 kg is still 120 meters, but it is now measured from the pilot’s location, and the horizontal restriction beyond visual line of sight has been removed, which continues to allow flying on slopes;

• A minimum age of 16, which a Member State may reduce to 12, with the option for even younger individuals to fly under the supervision of a qualified pilot who is at least 16 years old;
• All pilots flying unmanned aircraft weighing more than 250 g must be registered, and the registration number must be affixed to the aircraft;
• All pilots must complete an online theoretical training course and pass an online exam (valid for five years).

In addition, the EU recently established a set of requirements for the certification and sale of unmanned aircraft with the adoption of the so-called “Delegated Regulation.” However, these do not apply to model aircraft that are “privately built” (defined as “assembled or manufactured for the builder’s own use, with the exception of unmanned aircraft systems consisting of parts that are placed on the market as a complete kit”). This “Delegated Regulation” also contains rules regarding access for pilots from third countries, who must register in the first EU country in which they intend to fly.

The SMV’s main task will now be to ensure that our existing rules remain in effect in Switzerland, even after the new EU regulations are implemented here. But the SMV’s work does not end there. We will continue to monitor the implementation of the new regulations in the EU and, in particular, ensure that all EU guidelines regarding the regulations (e.g., for affixing the registration number to model aircraft) are practical. We also know that many of our members fly regularly in neighboring EU member states. Therefore, we will collaborate with associations in those countries to ensure that our members are permitted to fly there under the same rules that apply to members of those countries’ associations.