When people say “drone” these days, most people imagine a small flying device with a camera that takes spectacular shots of the landscape or monitors events from above. But from a legal and technical perspective, the reality is a bit broader – and also more interesting. What exactly is a drone?
As a lawyer specializing in aviation law I come across the term “drone” almost daily. Although it is a word commonly used in the media and among the public, it is not found in legal regulations.
Legislation, especially European legislation, uses a more precise term: drone (English Unmanned Aircraft – UA). For simplicity, we will use the term drone throughout our series.
A drone is not just a "toy with propellers"
The basic definition is quite simple:
A drone is an aircraft that does not have a pilot on board and is controlled remotely or operates autonomously.
This means that from a legal perspective, a drone is indeed by plane – similar to a commercial airplane or helicopter. The only difference is that the pilot does not sit inside, but controls the machine from the ground, possibly a drone flies according to pre-programmed instructions.
This fact has major implications. Once something falls into the category of aircraft, the rules begin to apply to it. air law – and it certainly cannot be ignored.
Types of drones
Not all drones are the same. In practice, you will encounter a whole range of devices:
- Recreational drones – small, frequently used hobby pilots
- Professional drones – used for filming, inspections or mapping
- Industrial and specialized systems – for example for agriculture, logistics or security purposes
From a legal point of view, however, it is not just size or price that is decisive. The following are key:
- device weight
- purpose of use
- traffic risk level
Key weight limits (in grams)
The following limits are particularly important for common practice:
- 250 grams
This is the most important boundary.
up to 249 g (inclusive) – the mildest mode, in some cases pilot registration is not required (unless the drone has a camera – which is rather an exception today), typically recreational and smaller professional drones
from 250 g and above – mandatory operator registration, stricter operating rules, often the need for online training and testing - 900 grams
Another important threshold, especially for older (so-called "legacy") drones:- do 900 g - increasingly relatively milder operating conditions (e.g. closer to people in certain modes)
- nad 900 g - greater distances from people, higher safety requirements
- 4 kilograms (4,000 g)
– limits for more complex operations – conditions are becoming significantly stricter for heavier drones - 25 kilograms (25,000 g)
– upper limit for the so-called “open category” – above this limit we are already entering specific or certified categories
– this is a regime approaching classical aviation
Why is drone weight so important?
In practice, a difference of a few dozen grams can mean a different category of operation, different minimum distances from people, the obligation to pass tests, or higher liability for damage.
Practical example:
Drone by weight 249 gr you can operate it in certain situations much more flexibly than a drone weighing 251 gr – even though the difference is only two grams.
Beware of “paper” vs. real weight
It is important to emphasize that it is not only the manufacturer's information that is decisive. The weight may include the battery, camera and other accessories.
In other words: once you "upgrade" your drone, you can very easily get into a stricter mode without realizing it.
Why does the definition matter?
You might think this is just wordplay. But how we define a drone determines:
- Do you need registration?
- if you have to take exams
- where can you fly
- and what responsibility do you bear
In other words: the difference between a “toy” and an “airplane” can mean the difference between free entertainment and a fairly strictly regulated activity.
Drone as a business tool
In recent years, drones have become a normal part of businessThey are used, for example, for photographing and filming real estate, inspecting buildings and infrastructure, agricultural mapping and security monitoring.
Summary
With all of the above, however, comes a growing need to understand the rules governing drone operations. Ignorance of the law is certainly no excuse in this case – and the penalties can be significant.
Do you use drones in your business and would like to have everything legally correct? Do you need to review your current drone-related settings? Contact us, we will help you with everything.
JUDr. Ing. Jan Vych, attorney and partner
