Drone scenario: regulations change at the end of 2020.

Following the publication of EU Regulation 2018/1139, the European Union Aviation Safety Agency (EASA) became responsible for drone regulation. Since then, two EU aeronautical regulations have been published (June 2019): 2019/947 and 2019/945.

Due to the COVID-19 crisis, the application of Implementing Regulation 947 has been postponed to December 31, 2020. The latter deals in particular with the harmonization of national operational drone scenarios with European operational scenarios.

The national operational scenarios currently in force

Drone regulations in France define three regimes based on the use made by the aircraft: aeromodelling (recreational drone flights), experimentation (manufacturer test flights) and special activities (activity generally of drones for professional use).

Any professional drone pilot (i.e., piloting a drone weighing over 800 grams) wishing to fly a civilian drone in French airspace for specific activities such as aerial photography must comply with one of the four operational scenarios defined by the French Civil Aviation Authority (DGAC). We remind you HERE of the four drone scenarios in effect within the national territory.

 

Drone Scenario S1

The S1 drone scenario does not require any prior flight authorization from the DGAC. It is a visual line-of-sight flight (i.e., at a maximum distance of 200 meters from the remote pilot), outside populated areas.

The maximum flight altitude is 150 meters. The weight of the aircraft must not exceed 25 kg without additional prior authorization.

Drone Scenario S2

The S2 drone scenario requires prior flight authorization from the DGAC (Alpha Tango site). This involves a flight beyond visual line of sight (at a maximum horizontal distance of 1 km from the drone), outside populated areas, and limited to a height of 50 meters.

If the drone weighs less than 2 kg, then its altitude will exceptionally be authorized up to 150 meters. The weight of the drone must not exceed 25 kg.

Drone scenario S3

The S3 drone scenario requires prior flight authorization from the DGAC. It involves visual line-of-sight flights (at a maximum horizontal distance of 100 meters) in populated areas AND is limited to a height of 150 meters.

The drone's weight must not exceed 8 kg. Special conditions apply to tethered aircraft and aerodynes.

Drone scenario S4

The S4 drone scenario requires prior flight authorization from the DGAC. It involves a flight beyond visual line of sight (without horizontal distance limit) outside populated areas AND limited to a height of 150 meters.

The drone's weight must not exceed 2 kg. This drone scenario can only be applied to specific activities involving aerial photography (photographic surveys, observations, or aerial surveillance).

 

If the planned mission does not fit one of the pre-established scenarios, the operator must submit a declaration to the DSAC (French Civil Aviation Authority) to have a specific scenario approved. This procedure requires the preparation of a "safety" file demonstrating that the safety of third parties is ensured.

In order to establish his flight plan, the remote pilot will therefore have to combine with his operational scenario the permanent restrictions associated with the airspace (no-fly zones presented on the geoportail platform) AND the temporary restrictions defined in the airspace zones (NOTAM).

The regulatory changes planned from December 2, 2021

European regulations do not make this distinction. They have defined new operational scenarios classified into categories (open, specific and certified) depending exclusively on the level of risk of the flight AND this regardless of the nature of the use of civilian drones (recreational, professional).

• The Open category is reserved for low-risk operations (visual flight in areas that pose a low risk to air traffic and people). This category includes three types of operational scenarios: A1, A2, A3.
• The Specific category covers operations with moderate risk (visual or beyond visual line of sight flights under conditions different from the Open category). This amending regulation introduces, for example, two European standard scenarios. Standard Scenario 1 (STS-01) covers visual line of sight (VLOS) operations conducted with a Class C5 UAS (CE marked) at a maximum altitude of 120 m above a ground-controlled area in a populated environment. This scenario is very similar to the national S-3 scenario. Standard Scenario 2 (STS-02) covers beyond visual line of sight (BVLOS) operations, with the unmanned aircraft at a maximum distance of 2 km from the remote pilot and airspace observers present, at a maximum altitude of 120 m above a ground-controlled area in a sparsely populated environment, using a Class C6 UAS (CE marked). This scenario is very similar to the national S-2 scenario.
• The Certified category is for high-risk operations requiring a high level of aircraft and operational reliability (e.g., transport of people, dangerous goods, etc.).

Many grey areas remain in the new regulations. However, significant changes are expected regarding aircraft weight, design conformity certificates, and conformity assessments (which are expected to be replaced by CE marking standards that are still being defined).

Practical implementation

An operator will be able to declare a specific activity according to a standard European scenario starting from December 2, 2021 (just before Great Britain's departure from the European Commission). From this date, no new declarations of specific activities can be made according to standard national scenarios.

Specific activities that were declared according to national standard scenarios before December 2, 2021 will cease to be valid on December 2, 2023. This date will mark the definitive end of national scenarios S1, S2 and S3.

It is important to note HERE that the practical and theoretical training provided to validate the aptitude of the remote pilot will be made more rigorous (with the transfer of certain diplomas during the transition).

 

Bringing national regulations into compliance with European drone regulations

To facilitate this regulatory transition, the DGAC has just defined new national standard scenarios usable in France as well as the conditions applicable to missions which do not fall within the framework of European regulations (public safety, rescue, firefighting, etc.).

The national scenarios S1, S2, and S3 continue to exist almost identically, on a declarative basis. The only operational difference from the previous rules concerns the reduction of the maximum flight altitude to 120 meters.

And what about the S4 drone scenario?

The S4 drone scenario, which allowed operations beyond visual line of sight, outside populated areas, and without distance limits, is repealed from 1^er January 2021 (this scenario is no longer compatible with the requirements of European regulations for declared farms).

This means that these operations can no longer be carried out solely on the basis of a declaration from the UAS operator. To continue these operations until December 31, 2021, the UAS operator will therefore need to obtain an operating permit from the DSAC.

The DSAC plans to issue such authorizations to each UAS operator who operated according to the S4 scenario before January 1, 2021. After this date, a new UAS operator wishing to conduct beyond visual line of sight operations over long distances in sparsely populated areas may also apply.

Initially, the technical, operational and training requirements associated with this authorization will be identical to those that prevailed in the old regulations.

However, different or additional requirements may be required after December 31, 2021 to improve flight safety for these aircraft, and in particular the prevention of collisions with other aircraft.

How can the GESTADRONE software package help you?

The software package was natively designed to allow an operator to make this regulatory transition with ease.