Status of Future EASA Regulations as of February 2018

On February 6, 2018, EASA published a revised draft regulation on unmanned aircraft in the EU. The SMV and the FOCA have advocated for a number of improvements. Much has been achieved, but there are still uncertainties. This new draft is now under discussion by the European Commission and the member states. Even though our options are becoming increasingly limited, the SMV will continue to work through its international connections to achieve further improvements.

For model aviation in Switzerland, how the FOCA implements these EU requirements is therefore crucial. Given our good relations with the FOCA, the many discussions we’ve had, and, of course, the FOCA press release dated June 30, 2017, we are confident. We are convinced that the FOCA will use its discretion to favor a liberal and pragmatic solution and will continue to involve us, the model aviators, in the decision-making process. To this end, another meeting between the SMV and the FOCA will take place shortly.

• Age limits no longer apply
• Model registration is no longer required
• The weight limit has been set
  at 25 kg → this is still a problem, since we previously had a 30 kg limit in Switzerland
• Tethered flight models weighing 1 kg or more are subject to the law
  → this is a problem, since most tethered flight models weigh between 1 and 3 kg
• Free flight generally falls under the law
  → we also see this as a problem
• Pilot registration is required; it must be done electronically and is valid throughout the EU
• Online training and testing for model aircraft pilots is mandatory; content is determined by EASA and tends to be slightly more difficult than the German proficiency test
• Flying in areas where other people are present (e.g., pedestrians) has been made easier
• The general altitude limit of 120 m remains; there are exceptions, but these must be actively authorized by the FOCA (defined zones or associations/clubs).
  → Ensuring model flying without general altitude limits is the SMV’s top priority
• The clubs’ responsibilities have been reduced to a reasonable level

On Tuesday, February 6, 2018, the European Aviation Safety Agency (EASA) issued its opinion on the European Union’s (EU) new regulatory framework for the operation of unmanned aircraft systems (https://www.easa.europa.eu/document-library/opinions/opinion-012018). The proposed regulations also apply to model aircraft and establish rules for their manufacture and operation throughout the European Union. Some European countries outside the EU will likely choose to apply these rules as well (including Switzerland). The new EU legal framework will replace the existing regulations in EU member states.

The key requirements for model aircraft in the proposed regulations, as they currently stand, are:

All pilots of model aircraft weighing more than 250 grams must register in a digital registry, complete an online training course, and pass an online test (“Model Aircraft Competency Certificate”). The registration and certificate are recognized throughout the EU; re-registration or recertification is not required if a pilot wishes to fly in another EU member state.

Model aircraft may only be flown in areas where the pilot “can reasonably assume that no bystanders are at risk,” “maintains a safe distance from the boundaries of densely populated areas,” and flies only within visual line of sight.

Model aircraft are subject to a maximum altitude limit of 120 meters, except:

• The pilot is a member of an association or club that holds an “operating permit” from the national authorities, which exempts members of that association or club from this altitude limit.
• The flight takes place in airspace where model aircraft are exempt from this altitude limit (to be determined by each Member State);
• The flight has a special authorization from the national authorities or falls under a so-called “standard scenario” (to be defined by EASA). Although EASA has indicated that it will develop a standard scenario for model aircraft, it is unclear what this might entail.

Of relevance to Switzerland is that the weight limit for model aircraft is now set at 25 kg instead of 30 kg. Model aircraft weighing more than 25 kg require authorization from the national authorities.

The age limits for pilots and the requirement to register model aircraft, which were included in earlier EASA drafts, are no longer mandated at the EU level.

The EASA opinion is now with the European Commission and the EU member states for further discussion. This may lead to changes to the currently proposed legal text. Once finalized and formally adopted by the European Commission, the new regulations could take effect as early as the first half of 2019. If this ambitious timeline is met, the new EU regulations will apply to model aircraft operations throughout the EU as early as the second half of 2019. However, each member state has the option to exempt the operation of model aircraft in model clubs or associations until the first half of 2022.