Tag: drone regulation

Drone Guide Switzerland 2023 – FOCA Drone Rules

Drone Guide 2023 – FOCA – Drone Rules – Switzerland

Current questions and answers about the new BAZL drone regulations – Drone guide

1. Model aircraft
2. Drone pilot registration / training
3. Liability
4. Geozones
5. Transitional category
6. Special Category
7. Data security and privacy
8. Other

1. Model aircraft

What distinguishes a model aircraft from a drone?
There are three points that can be used as distinguishing features:
On the one hand, the purpose: model aircraft are used for the purpose of sport, leisure, training
or used for demonstration purposes. Secondly, model aircraft are always used in
Flown within visual line of sight. Thirdly, model aircraft have little autonomy.
Skills. The purpose of model flying lies in developing skills and enjoying the experience.
To master a model aircraft. Any autonomous capabilities are used solely for...
Position stabilization and used for emergencies. One cannot simply...
Join a model aircraft club to fly your drone according to the rules for model aircraft.
operate. The same applies to model aircraft pilots who, in addition to model aircraft, also operate drones.
These drones must be flown in accordance with the rules for “drones”.

2. Drone pilot registration / training

If the drone is used by the employee for work purposes, the drone must
then be registered by the employer?
It is not the drone that is registered, but the operators themselves. If the
If the drone being operated weighs more than 250g, in the event of a collision with a person,
kinetic energy of over 80 joules can be transferred, or with a sensor
If the device is equipped with a device capable of collecting personal data (usually a camera), you must...
Pilots must register and complete any required training and
Complete the required tests. If employees act as the drone operator,
They mark the drone with their personal UAS operator number, regardless of whether
They use the drone for work purposes. In case the employer is the owner of the drone...
If a drone is used, they also register as UAS operators, with legal considerations.
Training and examinations are obviously not open to individuals. Accordingly.
These drones will be marked with the employer's UAS operator number.
regardless of the actual pilots who will ultimately operate the drone. If
Liability insurance is necessary for operation (drone >250g), which the employer
As owners of the drones to be operated, the pilots are obligated to comply with the following regulations:
do not have their own insurance for their operation for work purposes (see questions item 3).
However, this does not change the registration requirement for pilots.

Am I allowed to be registered in two countries?
No, duplicate registrations should be avoided.

What happens when the drone's ownership changes?
For example, if you buy a used drone, you must (if you haven't already)
Register as an operator via UAS.gate and make your own UAS operator number visible on the drone, removing the old one from the seller.

Can the choice between legal and natural person be changed retroactively in UAS.gate?
Can be changed?
Yes, please contact rpas@bazl.admin.ch for this.

To what extent is a PPL, CPL or ATPL license recognized for a drone license?
credited?
Not at all, the certificates must be completed in accordance with regulations.

Does the certificate need to be carried in A4 format?
The certificate must be presented, whether in paper form or electronically.
It doesn't matter.

3. Liability

Who (keeper, pilot, owner, etc.) is liable or required to have insurance?
Do you need special insurance or is personal liability insurance sufficient?
Article 35 of the VLK (Federal Law on Aircraft) states that the operator of an unmanned aircraft is liable. The specific circumstances of each case must be considered.
Assess who the owner is. For example, a company can be the owner if the drone
the company owns the drone and the company provides it to the pilots, in
The company has an interest in flying. In such cases, the company will generally be primarily liable.
However, recourse can be taken against the pilots if they act unlawfully.
have traded.
If you are employed by a company and fly company flights but also fly privately,
You also need to have private insurance. Depending on the insurance policy, these damages are covered by
Normal liability insurance covers it, but others require separate insurance for this.
Do I always have to carry proof of liability insurance with me, or is it sufficient to have it shown to me?
What if you're simply properly insured?
Is taking out liability insurance mandatory (drones over 250g)?
Proof must be carried along (Art. 35 para. 3 VLK)

4. Geozones

What is meant by cantonal (municipal) flight restriction zones?
Is there an overview of these areas available somewhere?
The drone map on maps.geo.admin.ch represents the official map, for other maps
The FOCAL assumes no liability. New temporary or seasonal measures will also be introduced.
Area restrictions are displayed, which is why the map must be checked before every flight.
consult. The cantonal area restrictions refer to areas that
which the cantons can determine themselves based on Article 34 of the Ordinance on the Promotion of Local Government (VLK). The cantons were
requested to provide this cantonal data to the BAZL so that all areas are included on the drone map
This will become apparent. This also includes any municipal areas where a corresponding
A legal basis exists. Drone operators should be able to...
You only need to consult a map to see all restrictions at a glance.
What about hospital helipads? Are these considered airfields?
Hospital helipads are not airfields, but areas where regular use by other means of transport takes place.
Air traffic must be taken into account. In the vicinity of helicopter landing pads at hospitals and
Hospitals therefore require special attention and caution when operating drones.
What are the regulations regarding flying over highways and other roads?
and, for example, high-voltage power lines?
There is no rule as such that prohibits the operation of a drone over a highway or road.
or, for example, prohibits a power line. The EASA rules for the
Regulations concerning the operation of drones over moving vehicles have been published. The following points should be noted.
account.
For roads: To reduce potential risks to third parties, the pilot should avoid flying over them.
Avoid driving on busy roads unless there is an operational need.
Motorcycles, bicycles or other vehicles where the persons are not protected,
should be considered uninvolved persons.
For highways: Hovering and continuous flights over or along highways pose a challenge.
They pose the greatest risk to uninvolved persons and should therefore always be avoided. Furthermore
Crossing motorways in subcategory A3 should always be avoided.
Finally, in all cases: Please minimize the risk as much as possible.
distraction of drivers.

5. Transitional category

How should the transition period be interpreted? Is it still permissible to use old methods during this period?
Rules fly?
The transitional period lasts until the end of August 2023 and is not linked to the transitional category.
(See website, open category.) The transition period applies to those
Operators who require a new permit. The transitional period provides
Operators have until the end of August to obtain such a permit.
Therefore, according to the existing rules (VLK), flying in 2023 is permitted without authorization.
Flying over crowds and flights in BVLOS were already permitted.
They require approval, and will remain so. The transition period therefore offers no advantage.
Free pass. Further information (BBl 2023 96 – Exceptions to the provisions on the
Operation of unmanned aerial vehicles (admin.ch). The transitional period applies only in the
Switzerland and is based on Art. 43 para. 2 VLK.

6. Special Category

How long does it take to obtain a SORA permit?
Please calculate at least 3 months one, depending on the quality of the documents and the number
However, it can also take longer to process requests.

How quickly can SORA changes be adapted and approved by the FOCA?
It depends. If the change affects the safety assumptions made, a new SORA may need to be submitted. However, if the change...
Since it has no impact on the safety assumptions, such an adjustment can be made in approximately one
will be processed this week.

What needs to be considered during survey flights?
Unfortunately, no general statement can be made about this. It depends, for example, on...
which area, with what type of drone and under which conditions (BVLOS, VLOS)
is flown. Like all drone operators, you should consult the drone guide on the website of the
BAZL will review the regulations. If the rules of the Open Category cannot be followed,
The business falls into a special category and therefore requires a permit from the
BAZL is required. If operation in the Open Category is possible, then of course the following must be observed.
The required training courses and exams will be completed.
Finally, in this regard we would like to refer to the VDGS (Association for Drone Operations).
Geomatics Switzerland (vdgs.ch)), which has received approval from the BAZL.

What options do filmmakers have? Will there be a STS for filmmakers?
Give it a try? The Swiss Association of Professional Photographers and Filmmakers (SBF) has established a task force.
This body, together with the BAZL, examines whether and how the SBF specifically manages its members in the
The association can support the approval process. It communicates this on its website.
Website. Interested parties can contact the task force leader, Mattias Nutt, directly.

Is it possible to obtain permits that are independent of location?
Generally yes, but it always depends on the specific case.

I need help with a SORA. Who can I contact?
There are consulting firms that offer services in this area. The FOCA (Federal Office of Civil Aviation) has no [information/context needed].
This list of companies does not provide specific recommendations. Please inquire, for example, with...
over the Internet.

Will the BAZL offer courses in the future that specifically deal with SORA or
Should we deal with PDRA?

The Swiss Federal Office of Civil Aviation (BAZL) will not be offering any courses for PDRA and SORA. However, a webinar is planned.
to organize for the “special” category.

7. Data security and privacy

Can a landowner (farmer) prohibit me from flying over his land?
Property owners may be liable for damages due to the noise caused by drone flights.
or even physical danger, and above all, a violation of your privacy.
There are various ways to combat such disturbances.
For example, in order to prevent overflights, a court order is required (Art.
258-260 of the Code of Civil Procedure) or a provisional measure (Articles 261-269 of the Code of Civil Procedure) is also possible, whereby
The latter is provisional in nature and linked to ongoing civil proceedings.
a longer-term solution, and especially because it is aimed at an undefined group of people.
Since the objective is to achieve a specific goal, a court-ordered injunction is more suitable. However, only those who are subject to an injunction can act as "recipients."
Those with real rights to the property (especially owners and usufructuaries) are eligible; tenants are not included.
e.g., out of consideration.
In addition to prohibitions, the fundamental right of owners to “freedom from disturbance” can be enforced.
resp. owners also through civil law actions, such as the action for protection of property rights (Art. 641
para. 2 of the Swiss Civil Code), the action based on neighbor law (Art. 679 et seq. of the Swiss Civil Code) or the action for disturbance of possession (Art.
928 f. ZGB) are enforced.

At what altitude are flights permitted over private property?

There is no general answer, as each case is examined individually to determine the extent of the interest.
a property owner's structure protrudes into the airspace. If a violation is alleged, this is due to
to be judged by a civil court. However, there are opinions in legal scholarship which, in the case of an overflight,
At a height of 20m, already a violation of privacy is acknowledged.

8. Other

What are the consequences of non-compliance with the new regulations?
The Federal Office of Civil Aviation (BAZL) is usually responsible for prosecuting any criminal activity. Depending on the crime,
but the cantonal public prosecutor or, for more serious offenses, the federal prosecutor's office
The Federal Office of Civil Aviation (BAZL) is responsible. It does not maintain a catalog of fines; penalties are determined on an individual basis.
established.

Where can I find the rules for operating unmanned aerial vehicles from other countries?
The new rules apply within the EU and Switzerland. Some provisions will be applied to
regulated at the national level and can also differ within the EU (e.g.
Area restrictions, minimum age for pilots, or model aircraft flying). Countries
Countries outside the EU usually have different rules, so you should contact the relevant countries for more information.
You will have to find out for yourself.

My drone has no class marking. Is a subsequent classification (so-called...) possible?
Retrofit possible?
Yes, however, it is up to the manufacturer to decide whether and which drones he
who wishes to reclassify. With the class marking, the manufacturer guarantees that the
The drone meets the technical requirements of its respective class. The manufacturer can [provide further information].
perform a conformity check on an older drone model and the drone
Classify retroactively. The operator usually also needs to update the drone's software.
Update. Once this is done, you will receive a label from the manufacturer, which you should attach to the
to attach a drone. For further information on the retrospective classification of a
For drone-related issues, please contact the manufacturer directly. Without a class marking, the drone cannot be used.
The drone may continue to be used according to the rules of the transitional category (see section 5).

Are there rules for indoor flights?
Enclosed spaces are not considered airspace, therefore no exceptions apply in this area.
The new rules for unmanned aerial vehicles do not apply.

What is meant by a crowd of people?
“Crowds” [are] a large number of people standing so close together,
that it is virtually impossible for a single person to remove themselves from this crowd."
(Article 2, point 3 of Implementing Regulation (EU) 2019/947).

If your question has not been answered, please contact our team.

Source: FOCA Switzerland

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