Drone regulations are changing 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 aviation regulations have been published (June 2019): 2019/947 and 2019/945.

Due to the COVID-19 crisis, the implementation of Implementing Regulation 947 has been postponed until December 31, 2020. Among other things, this regulation addresses the alignment of national drone operational scenarios with European operational scenarios.

The national operational scenarios currently in effect

Drone regulations in France define three categories based on how the aircraft are used: model aircraft (recreational drone flights), experimental flights (manufacturers’ test flights), and specific activities (generally professional drone operations).

Any professional drone pilot (i.e., operating a drone weighing more than 800 grams) who wishes to fly a civilian drone in French airspace to carry out specific activities, such as aerial photography, must comply with one of the four operational scenarios defined by the Directorate General of Civil Aviation. We remind you HERE of the four drone scenarios currently in effect throughout the country.

 

Drone Scenario S1

The S1 drone scenario does not require prior flight authorization from the DGAC. It involves a visual line-of-sight flight (i.e., within a maximum of 200 meters of the pilot), outside a populated area.

The maximum flight altitude is 150 meters. The aircraft’s weight 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 website). This involves a flight beyond visual line of sight (at a maximum horizontal distance of 1 km from the drone) outside a populated area AND limited to an altitude of 50 meters.

If the drone weighs less than 2 kg, it may, as an exception, be flown up to a height of 150 meters. The drone’s weight must not exceed 25 kg.

S3 Drone Scenario

The S3 drone scenario requires prior flight authorization from the DGAC. This involves a visual line-of-sight flight (at a maximum horizontal distance of 100 meters) in a populated area AND limited to an altitude of 150 meters.

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

S4 Drone Scenario

The S4 drone scenario requires prior flight authorization from the DGAC. This involves a flight beyond visual line of sight (with no horizontal distance limit) outside a populated area AND limited to an altitude of 150 meters.

The drone must not weigh more than 2 kg. This drone scenario may only be applied to specific activities involving aerial photography (photographic surveys, observations, or aerial surveillance).

 

If the proposed mission does not fit into any of the predefined scenarios, the operator must submit a declaration to the DSAC to have a specific scenario approved. This procedure requires the preparation of a “safety” dossier demonstrating that the safety of third parties is ensured.

To draw up a flight plan, the drone pilot must therefore incorporate into their operational scenario both the permanent restrictions associated with the airspace (no-fly zones shown on the geoportal) AND the temporary restrictions defined for specific airspace areas (NOTAMs).

Regulatory changes scheduled to take effect on December 2, 2021

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

• The Open category is reserved for low-risk operations (visual line-of-sight flight in areas that pose a low risk to air traffic and people). This category includes three types of operational scenarios: A1, A2, and A3.
• The Specific category for moderate-risk operations (visual or beyond-visual-line-of-sight flights under conditions different from those of 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 marking) at a maximum altitude of 120 m above a ground-controlled area in a populated environment. This scenario bears strong similarities to the national S-3 scenario. Standard Scenario 2 (STS-02) covers operations that may be conducted beyond visual line of sight (BVLOS), with the unmanned aircraft located at a maximum distance of 2 km from the remote pilot and with 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 marking). This scenario bears strong similarities to the national S-2 scenario.
• The "Certified" category for high-risk operations requiring a high level of aircraft and operational reliability (e.g., the transport of passengers, dangerous goods, etc.).

There are still many unclear aspects of the new regulations. However, we can expect significant changes regarding aircraft weight, design and conformity certificates (which are expected to be replaced by CE marking standards that are still being defined).

Practical Implementation

Starting December 2, 2021 ( just before the United Kingdom’s withdrawal from the European Commission), an operator will be able to report a specific activity using a standard European scenario. As of that date, no new reports of specific activities may be submitted using standard national scenarios.

Specific activities that were reported in accordance with the national standard scenarios before December 2, 2021, will no longer be valid as of December 2, 2023. This date will mark the definitive end of the national scenarios S1, S2, and S3.

It is important to note HERE that the practical and theoretical training required to certify a drone pilot’s competence will be made more rigorous (with certain certifications being carried over 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 operating procedures for use in France, as well as the conditions applicable to missions that fall outside the scope of European regulations (public safety, emergency response, firefighting, etc.).

The national scenarios S1, S2, and S3 remain virtually unchanged, in a declaratory sense. The only operational difference from the previous rules is the reduction of the maximum flight altitude to 120 meters.

What about the S4 drone scenario?

The S4 drone scenario, which allowed for beyond-visual-line-of-sight operations outside populated areas with no distance limit, has been repealed effective January¹, 2021 (this scenario is no longer compatible with the requirements of European regulations for declarative operations).

This means that these operations can no longer be conducted solely on the basis of a declaration by the UAS operator. To continue these operations through December 31, 2021, the UAS operator must therefore obtain an operating authorization from the DSAC.

The DSAC plans to issue such authorizations to every UAS operator who was operating under Scenario S4 prior to January 1, 2021. After that date, a new UAS operator wishing to conduct beyond-visual-line-of-sight operations over long distances in sparsely populated areas may also apply for such authorization.

Initially, the technical, operational, and training requirements associated with this authorization will be the same as those under the previous regulations.

However, different or additional requirements may be imposed after December 31, 2021, to improve the safety of flights operated by these aircraft, particularly with regard to preventing collisions with other aircraft.

How can the GESTADRONE software help you?

The software package was designed from the ground up to enable operators to make this regulatory transition with ease.