Rules for drone flights: what is allowed, what is not?
Personal drones are becoming increasingly popular. Image: © DJI 2017
Drones are no longer toys for hobbyists and freaks. The flight artists are now on every corner, in all sizes and all price ranges. But before and during the flight there are a few rules to be observed. In 2017, the laws in Germany were significantly tightened – you have to consider that.
Fun in the air: Not without rules and drone permits
What used to be RC cars or model railways are now drones: the remote-controlled aircraft are making more and more people enjoy flying. No wonder, since there are models for home use starting at 20 euros – and thanks to ever more sophisticated technology, they are also becoming easier to control. With the AR.Drone 2.0 at the latest , the French company Parrot has made drones interesting for a wide audience. But as easy as it is to get into the world of aviation, you shouldn’t just buy one and start flying.
Drone laws: A (legal) classification
Anyone who wants is allowed to fly drones like the 3D Robotics Solo. Image: © 3D Robotics 2015
In official usage, drones are either “aircraft models” for purely private use or are considered “unmanned aerial systems” (UAS) for commercial use, i.e. unmanned aircraft. The latter are subject to the rules of the Air Traffic Act (LuftVG) and the Air Traffic Ordinance (LuftVO). The only decisive factor in determining what works is the type of use. If the operation serves the purpose of sport or leisure, the less strict rules for model aircraft apply. But anyone who takes aerial photographs and thus earns advertising revenue via YouTube is commercially active and has to take a lot of things into account, otherwise it can be expensive.
Do I need a drone license?
Since October 1, 2017, you need a drone driver’s license – at least for aircraft that weigh more than 2 kilograms. The minimum age for the so-called proof of knowledge, as it is called in official German, is 16 years. Anyone who already owns a pilot’s license does not have to worry about this proof: the target group mentioned does not have to complete a drone driver’s license. But 14-year-olds also have a chance: Proof of instruction from an air sports association is required here. However, this excludes commercial flights.
There are places nationwide, such as flight schools or engineering offices, which certify proof of knowledge. However, these must be recognized by the Luftfahrt-Bundesamt. The suitability itself is determined in the form of examination questions. Questions can be answered both verbally and in writing in the areas of aviation law, meteorology and flight operations.
However, if you want to maneuver drones at night or models that weigh more than 5 kilograms, you need official permission. Your contact in these cases is the state aviation authority of your federal state.
Can I fly drones anywhere?
The pilot must keep his distance from airfields, power plants and the like. Image: © 3D Robotics 2015
There are no specially designated starting zones for hobby pilots. But that doesn’t mean that you can just start everywhere. Basically, when flying a drone, safety has absolute priority. This means that drones have no place anywhere where the safety of people and property is at risk. It is forbidden to operate above crowds, places of accidents, disaster areas or other locations where the police or similar security-relevant authorities are deployed. This also includes correctional facilities, industrial plants, power plants and military plants. A lateral distance of at least 100 meters must be maintained here. Foreign properties in residential areas may also not be flown over without the express consent of the owner.
You should also keep your distance from airports. The so-called control zones of the airfields extend at least up to 1.5 kilometers around the facility – but there are also much larger zones, for example around major airports. Nature reserves are also taboo. In some cities, separate regulations apply. In Berlin, for example, an air traffic control clearance is required from the tower if the drone is to climb within the air traffic control zone, which includes almost the entire city area plus large zones outside. And private individuals are not allowed to fly within a radius of around 5.5 kilometers from the government district. A little guide: As soon as you can think of an argument why overflight of an area could be prohibited, it probably is. German air traffic control offers onefree app that informs you about no-fly zones, among other things.
By the way, if you break these rules, you risk expensive mischief: Firstly, you commit an administrative offense and secondly, you can lose your insurance cover if you fly where you are not allowed to.
What do I have to consider when flying?
In general, the drone may only reach a maximum height of 100 meters. There is an exception if you are on model airfields. Drones weighing up to 5 kilograms may only be controlled within line of sight.
Flying requires some practice and a sober pilot. Image: © Facebook/DJI Global 2015
You should also avoid power lines, wind turbines and similar obstacles. And even if the control of drones is becoming easier and easier thanks to technical support and the manufacturers promise otherwise: Safe and controlled flight operations require practice. When you first take off, you should take it easy and not test the maximum altitude of the drone right away. And as with driving a car, you shouldn’t fly a drone while under the influence of drugs.
Drones: spies of the air
More and more drones are equipped with high-resolution cameras and allow spectacular shots, as countless YouTube videos show. However, it is not permissible to focus on everything and especially not everyone. Each filmed person owns the right to their own picture, so they can decide whether and in what context recordings are made and published. The targeted spying on people in public space is considered an invasion of privacy and a violation of personal rights.
It is not a problem if a person accidentally walks into the picture or a crowd of people is photographed. Flights into other people’s gardens or in front of the neighbor’s window are also considered an invasion of privacy and are therefore not permitted. The interests of residents and neighbors should always be taken into account. And anyone who takes photos of buildings and sells them may also infringe the architect’s copyright – especially when it comes to perspectives that cannot be seen without a drone.
Drone crashed: who pays for the damage?
If damage occurs despite compliance with all safety requirements, it can quickly become expensive. Because if there is a problem with the technology, the drones fall almost vertically to the ground. In principle, the operator of the drone is liable for any damage incurred. Since October 1, 2017, drones weighing more than 250 grams must be labeled with the name and address so that the owner can be quickly identified in the event of damage.
If you need a permit to start the drone, appropriate insurance is always mandatory anyway. But private individuals who operate drones also need liability insurance. In Germany, this is also required by law for RC models in the leisure sector. However, regular private liability insurance often does not cover damage caused by drones, and extended policies are usually not worthwhile. A special insurance is therefore required. One possibility is to join one of the model pilot associations, such as the DMFV , DFN or the MFSD . Members receive appropriate liability insurance, which also covers the protection of their own drone.
With special insurance, it is worth taking a look at the small print. Image: © Facebook/DJI Global 2015
However, it is worth taking a look at the small print: Often the insurance cover only extends to the club premises and excludes starting on the green field. With some providers, the scope of protection can be extended by paying additional premiums. However, there are also individual liability insurance policies that also include commercial use of the drone. As a rule, the offers are somewhat more expensive than the offers from the model pilot associations, but then they also cover everything that takes place within the framework of the legal regulations. In the event of damage, a drone pilot, like a car driver, must not simply sneak away from the scene of the accident.
