Regulation and legislation use of civil drones in France



Owning a drone is one thing, but knowing all the subtleties of regulation is another. Although it is a leisure activity for most of you, this activity is subject to several rules that must absolutely be respected.I receive a lot of questions on the subject and it is unfortunately impossible for me to answer all these questions, either for lack of details given (yes the legislation is super complex in France) or for lack of time but also because I do not live in France and the legislation is much less complex for me in Australia! 'you will have to remember for the new battery of laws in preparation in 2018! You will soon have to register your drones online, whether you are recreational or professional users. An online training will be mandatory. For all recreational drone pilots over 14 years old. It will take place online via a government website or via a free smartphone application. This will normally be available in September 2018, but the project has been a little late for the moment! Using an electronic reporting system. Little information available here for the moment and this feature should be mandatory early 2019 only. I have collected your questions to answer you as accurately as possible and fill your gaps. It should be noted that this regulation is based on several points. (2 decrees of December 2015, in force since January 1, 2016, a decree of April 8, 2017 and a law promulgated on October 25, 2016. Add to that an order published on October 30, 2017 … The puzzle we are d Here is an FAQ with answers to the most frequently asked questions about the regulations in force in 2018. 1) Can I fly my drone over a city? on private property, provided the flight is safe. Whatever the size of your drone, you are concerned by the ban and therefore do not have the right to fly over the public space, which also includes the parks.For professionals, it will be necessary to respect certain conditions and obtain authorizations in order to be able to fly over the agglomerations (Conception decree, Appendix III) .2) Can I fly in or above the clouds? Logically, if you bring your drone into a cloud, you lose sight of it . Article 3.6 of the Space Ordinance stipulates that "when an aircraft that circulates without any person on board evolves out of sight, it is used out of the clouds". But as I said, it's complicated to see a drone in the clouds, so it's not possible. Attention to the height aspect also here! 3) How to differentiate between a professional drone and a simple recreational drone A drone used for professional purposes will be subject to stricter regulations, with the requirement to hold the theoretical pilot's license ULM (arrested design, Art 3). All drones that are not used for leisure or other competitions are considered as professional. So it's the use you make of it that determines it! 4) I have a drone of more than 800 grams, is it considered a professional drone? Moreover, the decrees of December 2015 prohibit it seems to fly drones over 800 grams without authorization, is it true? Weight is not the criterion that differentiates a recreational drone from a professional drone (see question 2). What makes it possible to distinguish them is simply the use you make of them. A professional flight will be considered as "particular activity" by the regulation (not related to the word "particular" as one understands it of an individual and its function). Concerning the decrees of December 2015, they do not mention absolutely any a flight ban for recreational drones of more than 800 grams. On the other hand, there is talk of future training and online registration to drive drones of more than 800 grams, but nothing is official at the moment. It should be clear early-mid 2018. 5) How high can I fly with my drone? Can I fly over people? No, you can not fly over people (Design Stopped, Appendix I, 1.4). As for the height, you can take note of the limits by consulting the Geoportail map (Arrêté Espace, Art.5) .In general, it is 150 meters maximum. On the other hand, it can be lowered in certain areas near the helicopter or aerodrome areas. For airports and aerodromes, you have to be careful, the distance to be respected depends on the size of the tracks.It is difficult to know the exact calculation, but you can consult the Geoportail map to know the rules concerning the take-off rights, Landing and authorized heights.Will prove common sense here, watch the air traffic surrounding you and be always ready to shoot your sticks! 6) Are there so-called sensitive areas in which it is forbidden to fly? Yes. Among these areas, there are nuclear power plants, military and medical buildings, some specific factories, schools, relief institutions, and many others detailed in the Space Order, Article 4. It is also forbidden to film in certain places, which are listed in the decree of October 30, 2017. There are 247, it is forbidden to take aerial, photographic and cinematographic photography of these establishments. On the other hand, it is not because it is forbidden to film an area, that you can not fly over it, even if it is rare. Be sure to consult the decrees so as not to make an odd error.7) What can I do if I make an illegal shooting of a sensitive area? According to article L6232-4 of the Transport Code, the maximum penalty is 75,000 euros fine for 1 year in prison. Do not joke with this rule a tip … 8) It seems that you should not fly without direct sight on the multirotor. What is it really? You must always keep your drone in direct view, as long as it is respected there is no particular distance to respect. Except for automatic and immersion flights. Rule the most complex here for me in Australia, because with the extreme brightness, you can not see anything past the 300 m … Organize yourself differently and move you between each battery a tip! 9) Can I fly my drone at night ?It's forbidden. Except in your garden or inside your house of course. 10) Is it necessary to authorize the flying of a drone of more than 800g? No, as long as you remain in the context of a civil use (of leisure) , no matter the size or weight, you do not need any authorizations.11) Is the Drone Act of October 2016 the substitute for the texts previously published on this subject? two decrees put in place in 2015, each one is still valid.13) Can I make flights in immersion, that is to say piloted via camera feedback available from the drone? Yes, provided to have somebody one who is there to keep the device in view, in addition to you, and that in order to respect the rule which imposes to keep the device in sight. This person is called a spotteur! Other rules, the drone must not weigh more than 2 kilos, nor exceed a distance of 200 meters horizontally and 50 meters high (stopped Conception, Art.3) 13) Can I filming people with my drone As for everything, you must respect the right to the image and privacy of everyone, so you must prevent them from your intention.It is nevertheless absolutely forbidden to film someone in a space private (filming at the window of someone for example, not very discreet and more with a buzzing machine …), it is registered in the law n ° 78-17 of January 6, 1978 relative to the computing, the 14) Can I fly my drone from a moving vehicle? Using a drone in a car, boat, scooter or motorcycle is forbidden according to the Design, Annex I, 1) 15) Then I leave a drone flying in automatic mode, ie with a route programmed or configured in p Yes, but again, provided you have a direct view of the device and can control it no matter what. If you follow up, give the radio control to a partner who will be able to control the drone if necessary. Your drone weighs less than 2 kilos, and you move less than 50 meters high and 200 meters away? The resumption of control can stop at emergency maneuvers (Design By-law, Appendix I, 1) 16) Can I fly in a nature reserve or a national park Each national park and nature reserve imposes its own rules decrees. Most of the time, flying in these areas is prohibited for any motorized vehicle. However, it is not forbidden to fly over the regional parks. 17) Should I have a diploma to pilot a leisure drone? The 2016 Drone law recommends online training for anyone wishing to fly a drone of more than 800 g, however it is not yet available. For the moment, no diploma is therefore obligatory. This should change in 2018, but nothing official for now! It is necessary to wait until an implementing decree of this measure is published. This will be presented in the form of an online training, you will not need to go through a private organization, so do not give any consideration to training sites that will try to sell you their services a tip! You should know that even a professional drone currently requires only a ULM diploma, and that it can be completely passed as a free candidate.18) Will this online training allow me to perform professional flights? No, nothing to see here, as I said before, this training will only be for the drones used for leisure. For professional activities, a specific patent has been in progress for some years, but not yet completed.19) Is the regulation for small drones more flexible? Please note that all drones used for recreational purposes are subject to the same rules. Whether you have a 2-kilo drone, a flying camera or a toy of just 100 grams, you all enter the same regulations, and are subject to the same prohibitions (night flight, agglomeration, overflight sensitive areas, ceiling height , etc). (Design Order, Art 2) 20) Do I have to register or register my drone For registration, the Drone law of October 2016 provides for the device of more than 800 grams but nothing is applied yet. A decree will formalize this measure and will indicate how to register online shortly. Registration, it is mandatory only for drones over 25 pounds (Law Drone, October 2016, Article 1) .21) Can the police confiscate my drone? It is possible, it is necessary to you are proud of the Drone Act of October 2016, Article 5. Nothing obliges them to return it to you later.22) If I do not respect the regulations, what are the risks? If you go against the privacy of others, you risk a fine of € 45,000 and 1 year in prison.If you hover over a prohibited area, even without doing it on purpose, you risk up to 6 months of prison and € 15,000 fine. On the other hand, if the facts tend to prove that the overflight was intentional, the penalty passes to 1 year of prison and 45 000 € of fine. In addition, if you miss the rules of safety of the drone, it is punishable of 75 € 1,000 fine and 1 year in prison. Of course, all these penalties are the maximum penalties incurred, but in reality, justice makes judgments far below these theoretical numbers. Be serious here and do not do anything, it would be a shame to pay as an example! 23) Are there any rules for flying indoors? No, the owner of the place is the only one on board which concerns the flight of drone. Only the airspace is subjected to regulation. On the other hand, if an audience attends to the flights, article 3 of the decree Space stipulates that it is necessary to submit to the rules of the aerial manifestations.24) Can I overfly animals In the 2012 decrees, it was forbidden. But this rule disappeared when the two orders of 2015 were born. On the other hand, do not forget that they are living beings and that you must respect them. Do not embarrass them and avoid panicking them. Moreover, it is useful to specify that the decrees of 2012 have all been replaced by the orders of 2015, so do not refer any more.25) I wish to make the drone in my garden, but I live in city. What are the rules? Regulations forbid flights in built-up areas, of course, but above the public space. Your garden, although in town, is your private space. You are therefore allowed to use it in your garden. However, if your drone leaves your private area and causes an accident, even if unintentional, you are criminally responsible. The 10-point leisure guide and the aeromodelling guide refer to the flight in a private space, with a small drone, with speed limits, height limits, and without having an audience, but without specifying the maximum weight of the drone, the ceilings of height or other … Difficult to lay the true bases of the regulation in this specific case! 26) Is there a regulatory distance to watch between my drone and the road? And between my drone and a person The regulation does not mention any restrictions on the distance between a recreational drone and a road. However, professionals have a limit of 30 meters to respect with respect to an expressway or highway (Arrêt Conception, Appendix III, 3.7.7). Despite this vacuum ban for recreational drones, I want to remind you of the obvious: it can be very dangerous to fly a drone near roads, so it is better to abstain completely to avoid any accident. Between a person and you, there is no distance to respect, the only obligation being not to fly over other people. Once again, the Design By-law, Appendix III, 3.7.2, however, requires professionals to respect a minimum distance of 30 meters from others.27) Do I have to equip my drone with a sound, light, capacity limitation The Drone Act of October 2016 actually provides for this possibility for devices weighing more than 800 grams but nothing is official yet. This will not happen until July 2018 at the earliest. The limitation of capacities will make it possible to restrict the distance and the height of the flights.28) Do I have to contract an insurance to use my recreational drone It can indeed be useful to be assured, because when you pilot your drone, you engage your liability in case of incident or damage human or material. Your insurance multi-risk covers perhaps the model aircraft, under conditions, to you to inquire with your insurance organization. Also know that by joining the French Federation of AeroMelasticism through a club, you have the insurance included in it. In addition it can allow you to meet other enthusiasts! 29) If I fly in a DGAC approved center, are the rules more flexible? In fact, airspace belonging to the approved clubs benefit from a relaxation of certain rules and a relaxation of restrictions. (Stopped Space, Art 3 and Art 5) 30) Am I concerned by flight scenarios? Only professional pilots are concerned by the 4 flight scenarios (design decree, Appendix III, 1.3)

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