Last update: 24 May 2024
Table of content
A. IDENTIFYING MY DRONE CATEGORY
If you comply with all the rules for the open category but fly a drone without a class identification label (C0, C1, C2, C3, C4, C5, C6) you can operate your droneit in the transitional category. Under this category, the requirements (training, testing, minimum distance to uninvolved persons) are slightly more restrictive than in the open category.
No. There are no plans to abolish the transitional category. From 1 January 2024, drones without a class identification label that were on the market before 2024 can continue to operate under the rules of the transitional category in subcategory A1 or A3, depending on the weight of the drone.
No. Whether or not a drone is flown recreationally has no bearing on the risk of drone operation. What is more important is the mode of operation, i.e. how, where and which drone is operated.
If you want to fly in the subcategory A2, yes. However, any drone weighing less than 25kg can also be operated in subcategory A3. As long as the rules for subcategory A3 are respected, only the A1/A3 certificate is required.
B. IDENTIFYING MY DRONE CLASS
There are five drone classes in the open category: C0, C1, C2, C3, C4. These indicate in which subcategory (A1, A2, A3) the drone can be operated. The subcategory (A1, A2, A3) determines what training and which examination must be completed. They also specify the minimum distance that must be maintained between the drone and uninvolved persons.
Anyone wishing to fly in the specific category in accordance with an EU standard scenario (EU-STS) requires a class C5 or C6 drone.
Class markings are not required for flying under the PDRA (Predefined Risk Assessment) or SORA (Specific Operation Risk Assessment) authorisation procedures.
The drone class is indicated with a class identification label on the drone. The image below shows an example of a C2 class identification label:
In applying a class identification label, the drone manufacturer confirms that the product meets the technical requirements estabilished in the drone regulation. The manufacturer is responsible for ensuring that the technical requirements of the respective drone class are met.
The class identification label should not be confused with a CE marking.
CE markings allow manufacturers to declare that a product meets all the relevant requirements regarding health, safety and environmental protection. Drones without CE markings are not permitted to fly.
With the class identification label the manufacturer declares that the drone meets the technical requirements for its class. Drones without a class identification label can still be operated in the transitional category.
The CE marking can be displayed anywhere on the drone, for example on the top or bottom section of the fuselage or under the battery cover. The CE marking must also appear on the packaging, and the product must be accompanied by an EU Declaration of Conformity. If you cannot find these, it is likely that your drone does not comply with the legal requirements and should not be used. Drones without the CE marking are not allowed to fly.
Yes. The drone can be operated under the transitional category as long as all open category requirements are met. Under this category, the requirements (training, examination, minimum distance to uninvolved persons) are slightly more restrictive than in the open category.
Yes, but only if the drone manufacturer agrees. Drones without a class identification label are non-compliant. In order to issue a class identification label, the drone manufacturer must carry out a conformity assessment to confirm that the drone meets the technical requirements. The manufacturer will then send the operator a label to attach to the drone.
C. REGISTRATION
Yes. The only people who are exempt from this requirement are operators whose drones weigh less than 250g and are not equipped with a camera, microphone or other sensor suitable for recording personal data.
Registration is free until further notice.
The two numbers can be compared with identification numbers used in road traffic:
UAS operator number: Comparable to a vehicle registration plate: The number is issued after the registration process and must be attached to the drone in a clearly visible position.
Remote pilot ID: Comparable to a driving licence: It is issued once the pilot has successfully passed the examination along with the certificate of competency.
Each drone must be visibly marked with the personal UAS operator number (CHExxxxxxxxx) before it can be flown. The three digits at the end (xyz) do not need to be marked on the drone, as this is your personal identification number, which ensures that no one can make unauthorised use of your personal UAS operator number. If you fly an unmarked drone, you will be liable to a fine.
The FOCA recommends that the UAS operator number be affixed to the drone as follows:
- By hand (in legible block letters, use waterproof pen);
- Using a sticker or label;
- Engraved directly on the drone.
Natural persons: receive both a UAS operator number and a remote pilot licence.
Legal entities: are companies, associations, foundations, etc. These receive a UAS operator number to identify the drone, but a company cannot obtain a pilot licence. The pilot's certificate must be obtained by a natural person who ultimately pilots the drone.
The company (legal entity) must register as a drone operator on UAS.gate. You must also register as a natural person on UAS.gate so that you can take the exams.
Yes. As a private operator, you must register via UAS.gate (you will receive a UAS operator number to identify the drone) and complete the necessary training and examination (you will receive a certificate of competence).
Companies must also register as legal entities via UAS.gate (company receives a UAS operator number to identify the drone). The training and examination required for operation is completed by the pilot. If the pilot has already acquired the required certificate privately, no further training or examination is necessary.
If the same drone is used privately and, in the company, it is up to the operators to decide which UAS operator number (natural person or legal entity) is affixed to the drone. It is a question of liability for any damage caused in the event of an incident.
Yes. Anyone who has registered in Switzerland (UAS.gate) may also fly their drone in an EU member state, as long as no further authorisation is required.
In principle, everybody should register in their state of residence. But, if you are flying exclusively in the open category, you only need to do this if the country you are registered in notifies you that Swiss residents have been deregistered. To transfer your registration to Switzerland you must:
- first register on Switzerland's UAS.gate portal;
- then delete the EU registration. If you cannot de-register manually via the registration platform, contact the civil aviation authority in the country of registration directly (via email).
It should be noted that in some countries certificates are linked to registration. In such cases, deregistering will invalidate the certificates and the drone operator may need to take the exams again. You should contact the country of registration for information before deregistering.
Only registered operators are allowed to fly a drone in Switzerland. Operators must register in the EU member state where you reside or where the company has its registered office. If this is the case, you do not need to register in Switzerland. However, operators whose resident or registered office is outside the EU must register in Switzerland if you have not already done so in an EU member state.
No, unmanned aircraft are not entered in the aircraft register. They are not registered as, for example, an aeroplane. There is currently no register for drones.
No, the drone itself does not need to be registered. However, drone operators do need to register, and must clearly display their operator number on each of their drones. The FOCA therefore keeps a drone operator register rather than a drone register.
D. TRAINING AND EXAMINATION
Yes. There is a general requirement to undergo an online training and pass an exam. Pilots operating a drone weighing less than 250g (C0 class identification label) are exempt from the training and examination requirement. However, the FOCA recommends that these operators also complete the training and examination voluntarily. This ensures that all pilots using the airspace are familiar with the applicable rules and can fly their drone safely. certificates
Yes. Certificates issued on UAS.gate are valid in Switzerland and in all EU member states.
Yes. Certificates completed on the official UAS.gate platform before the EU drone regulation came into force in Switzerland are still valid. Pilots can download an updated version of the certificate bearing the EU logo in their UAS.gate profile. This means that the certificates are also recognised abroad. However, certificates completed on a voluntary basis via other providers will not be recognised.
No. Only natural persons can obtain a certificate. As a company or association, the drone is marked with the UAS operator number of a legal entity. The drones can then be operated by different pilots, all of whom must have completed a certificate (and are therefore in possession of a remote pilot ID).
Yes. Certificates issued by another EU member state are valid in Switzerland.
That is not possible, but you do not need to upload a certificate obtained in an EU country to the UAS.gate dashboard for it to be valid in Switzerland.
E. AUTHORISATIONS
Drone operations in the specific category are subject to authorisation. Different authorisation procedures are available depending on the type of operation planned:
- Standard scenario (EU-STS)
- PDRA (Pre-Defined Risk)
- SORA (Specific Operations Risk Assessment).
In the specific category, there are three types of authorisations with differing requirements:
Authorisation method | Competencies |
---|---|
Standard Scenario (EU-STS) |
A1/A3 training and exam followed by EU-STS theory exam and a EU-STS practical skills training. |
Pre-defined Risk Assessment (PDRA) |
Competencies are determined individually based on the planned operation |
Specific Operations Risk Assessment (SORA) | Competencies are determined individually based on the planned operation |
These are minimum requirements. In addition, further training (theoretical or practical) can be completed on a voluntary basis.
There are a number of SORA consulting firms active in Switzerland. The FOCA does not keep a list of such companies or make any specific recommendations.
Yes. The FOCA issued authorisations based on the Swiss Standard Scenarios (CH-STS) until 31 December 2023. The validity date is stated on the authorisation and continues to apply after the adoption of the EU drone regulation in Switzerland. From January 2024, the FOCA issues authorisations based on European standard scenarios (EU-STS).
The competent authority of a state in which the operator is registered is always responsible for authorising operations in the specific category.
The competent authority for authorisations is always that of the country of registration. Drone operations abroad are based on authorisations obtained in the country of registration. After getting an authorisation from the home country, the operator then directly contacts the competent authority in the country where the flight will take place, providing them with this authorisation as well as details of the flight zone including suitable risk-reduction measures. The foreign authority examines the request and tells the operator whether or not the flight has been authorised.
In the open category, it is forbidden to fly over assemblies of people. A SORA authorisation is required to do so.
An assembly of people is any group of people in which at least one person is unable to move away/move freely at any time, for example at a concert, a protest, etc.
In some subcategories of the open category, it is nevertheless permitted to fly alongside assemblies of people.
F. LEGAL REQUIREMENTS
It is understandable that you might feel watched in such situations. That is why drone operators have to respect the privacy of others. You will find an overview of what is and is not allowed on the website of the Federal Data Protection and Information Commissioner (FDPIC). Available in DE/FR/IT:
Federal Data Protection and Information Commissioner (FDPIC): FDPIC
Drones are often fitted with cameras or sensors that can be used to record personal data. This may result in data being recorded and collected without the knowledge or authorisation of the individuals concerned.
Important to know: The right to the image applies. This means that whenever you fly a drone, you should remember that you are not allowed to photograph or film anyone without explicit consent. The same applies if you record people's voices or take photos of fenced-in gardens, terraces or yards.
Once a person can be identified in a video or photo, the Data Protection Act applies as these images are considered personal data. To help you make the correct use of photo and video recordings, please note the following points:
Example 1: You are filming a residential building to get aerial footage for selling an apartment. You intend to post the images online.
- You have to respect the residents' privacy.
- Filming through the windows should therefore be avoided as a matter of principle and may only be carried out with the knowledge and consent of all persons concerned.
Example 2: You are flying low over a private garden or a building with windows to take aerial photographs.
- This is only permitted with the knowledge and consent of the property owner or tenant and the persons currently in the garden or on the property.
- If the images are to be stored somewhere, their consent must also cover this.
- Everyone has the right to respect for their privacy and to protection against misuse of their personal data. In addition, every individual must be able to determine whether and for what purpose their personal information is processed and stored.
Example 3: You want to practise flying your drone that has no camera and, to have some more space, you also fly it over your neighbour's garden.
- Even if your drone is not equipped with a camera, you must respect the private property of others and their right to enjoy this undisturbed.
- Airspace is a public good, but homeowners are entitled to exercise ownership of their property without being disturbed. This ownership also includes the airspace above them where there is an interest in protecting it. This means you should avoid flying over someone's garden or too low[1] over their property without their permission.
Further information on photos can be found here: Photos and privacy (admin.ch)
In some cases, recording people with a drone may be a criminal offence. Articles 179bis, 179ter and 179quater of the Swiss Criminal Code prohibit the interception and recording of other people's conversations, the unauthorised recording of conversations and the breach of secrecy or privacy through the use of image-carrying devices.
If you have any questions about data protection, please contact the Federal Data Protection and Information Commissioner: Contact (admin.ch)
Fly drones with consideration and respect!
[1] While 10 to 20 metres above private property may be seen as a rule of thumb to maintain a certain distance, there is no generally applicable rule, and even this is too low for some.
G. FLIGHT PREPARATION
Anyone operating a drone under the open category may not fly it more than 120m above the ground. This distance is measured from the surface of the ground: if the drone is operated over terrain with natural elevations, the drone must be kept within a maximum distance of 120m from the nearest point on the earth's surface. The nearest point on the earth's surface is measured perpendicular to the earth's surface. If you need to fly over an obstacle taller than 120m, you are allowed to fly up to 15 metres above the height of the obstacle. However, this requires the consent of the owner of the obstacle. The distances are measured based on the prevailing terrain, such as plains, hills and mountains.
The maximum take-off mass (MTOM) reflects the absolute maximum weight that the manufacturer allows the drone to fly with. Meaning if the drone plus battery is 1kg and MTOM is 1kg, you can add absolutely nothing. If your drone and battery is 1kg and the MTOM is 2kg, you have a playload of 1kg that you can use for, for example. Usually for the common drones like DJI, the camera is already build-in and therefore also part of the drone. Then drone, battery and camera are the weight you fly with, but not necessarily the MTOM. This depends on the manufacturer and whether additional payloads are planned.
A drone - insofar as it contains a radio transmitter and/or receiver - constitutes radio equipment. As such it is subject to the Telecommunications Act. Questions relating to frequencies fall within OFCOM's area of responsibility. Further information:
The use of transponders is only possible in certain cases. Please read the FOCA document on this subject below:
In Switzerland, the minimum age for operating a drone is 12 in the open category and 14 in the specific category. Children under the age of 12 may pilot a drone provided they are supervised by a person over the age of 16 who has adequate piloting skills (training, examination). The minimum age can vary from one EU country to another, so be sure to get all the information you need before flying your drone abroad.
H. FLIGHT RESTRICTIONS
Yes. The restrictions indicated on the drone map and the DABS (Daily Airspace Bulletin Switzerland ) apply.
Before your flight, always consult the official drone restriction map on Flight restrictions and maps (admin.ch). Click on the drone map for more information about the zone, and contact the competent authority showed on the map to ask for an approval to fly there.
Yes, aerodromes are free to charge for authorisations. While aerodromes with a concession must comply with the principle of proportionality, other aerodromes (e.g. airfields) are completely free to set their charges.
I. INSURANCE
Yes. Anyone operating a drone weighing more than 250g must take out civil liability insurance with a guaranteed sum of at least CHF 1 million. The FOCA also recommends having insurance for lighter drones.
Please contact your insurance company to be sure that your insurance policy covers your needs. Not being insured makes you liable for a fine.
If the operator and the pilot are not the same person (for example, when a pilot uses a drone on behalf of their company), it is not necessary for the pilot to also take out such insurance.
No, the register of drone operators is not accessible to the public or to insurance providers.
J. FLYING SPECIAL DRONES
Pilots of toy drones do not need to register. A drone can be classified as a toy if it is designed or meant for play by children younger than 14 years, and adheres to the requirements of Directive 2009/48/EC (EU toy directive). A manufacturer has to state clearly on the packaging of a drone, if the drone is to be considered as a toy or not, for example by stating “not suitable for children under 14 years.”
Yes. Privately built drones are allowed to fly. A drone and its equipment are considered privately built if they are assembled or built for the constructor's personal use. This does not include drones and drone systems assembled from parts that are sold as a ready-to-assemble kit.
Pilots are responsible for checking that the drone is correctly built and does not pose a safety risk. In the open category, privately built drones may only be operated in the following two subcategories:
- subcategory A1: if the weight of the drone (including its payload) is less than 250g and it is flown at a speed of less than 19m/s;
- subcategory A3: if the weight of the drone (including its payload), is less than 25kg.
If these criteria cannot be met, the drone cannot fly in the open category and you will need an authorization.
Three factors are generally be taken into account:
- The purpose of the flight: Model aircraft are generally used for sport, leisure, training or demonstration purposes.
- Model aircraft are always operated with direct visual contact.
- The aim of model aircraft making is to acquire the skills to fly a model aircraft and have fun doing so. Any autonomous capacity is only used for altitude stabilisation and in emergencies.
K. SPECIFIC DRONE OPERATIONS
Outdoor FPV flights are permitted under the following conditions:
- The pilot is assisted by an observer who stands beside them and has the drone within their visual line of sight (VLOS) at all times;
- The observer visually scans the entire airspace and actively communicates with the pilot to help them maintain the minimum distance from obstacles and other air traffic. The observer is able to warn the pilot of any hazards.
In all cases, it is the pilot's responsibility to fly the drone safely.
In cases where the observer cannot maintain a direct line of sight with the drone at all times, the flight must take place in the specific category and authorisation from the FOCA is therefore required. Authorisation from the FOCA must also be obtained before any FPV drone race.
Yes, as long as you do not fly over an assembly of people and respect the rules of the open category, like the minimum safe distance depending on the subcategory (A1, A2, A3) in which you fly your drone.
Anyone who wants to fly directly over people needs a SORA operational authorisation.
Yes. If you cannot comply with the rules of the open category, the drone operation falls into the specific category and an authorisation must be obtained from the FOCA.
Because there are generally a lot of uninvolved persons present in urban environments, an authorisation from the FOCA is required for drone operations in built-up areas using drones weighing over 900g. Even with lighter drones, you always have to be careful not to fly over uninvolved persons, which is practically impossible in an urban environment.
Yes. In Switzerland, there are already companies that use drones to deliver goods. Delivery drones are usually operated beyond the pilot's direct line of sight and in areas where there are a lot of people (e.g. towns). This type of drone operation is therefore very complex and a SORA authorisation from the FOCA is mandatory.
In Switzerland and Europe, no people have been transported using drones to date. Passenger transport with drones is highly complex. The operation and the flying object itself must go through a certification process. The relevant rules are still under development.
Enclosed areas are not part of airspace. The rules on drones therefore do not apply. It is nevertheless important to exercise caution.
You should activate a green flashing light on your drone when you are flying at night. Please note that, even at night, you must always comply with requirements relating to the visual line of sight (VLOS). This means that you must visually scan the airspace surrounding your UAS to ensure there is no risk of collision with a manned aircraft. This may mean that you cannot fly as high as you would be able to during the day.
L. ACCIDENTS AND INCIDENTS
Yes. Drone incidents and accidents resulting in injuries or involving manned aircraft have to be reported. Voluntary reporting of every incident or accident is nonetheless encouraged.
Two distinct reporting procedures apply depending on the case.
- Firstly, drone operators/pilots are required to report accidents and serious incidents without delay to the Aviation division of the Swiss Transportation Safety Investigation Board (STSB) via the Rega alarm centre (tel. 1414, +41 333 333 333 from abroad).
- Secondly, drone operators/pilots are required to report all safety-related incidents within 72 hours to the Federal Office of Civil Aviation (FOCA) or the official reporting system (www.aviationreporting.eu).
Further questions
Definitions:
- EASA defines a flight as autonomous when the UAS takes its own decisions and the remote crew are unable to intervene in flight operations.
- Automatic operations on the other hand consist of pre-determined routes or behaviour where the remote crew can always take control if needed, e.g. in case of unforeseen events.
Implications:
- Autonomous flights are not allowed in the OPEN category and thus fall into the SPECIFIC or CERTIFIED category.
- Automatic flights are allowed in all three categories.
Strictly speaking, there are no rules governing take-offs and landings for drones on land where there is no aeronautical infrastructure. Indeed, the Ordinance on field landings (RS. 748.132.3) is not applicable on drone operation. Authorisation is required from the landowner (whether a private individual or a public authority), particularly when take-offs and landings may cause excessive interference for example, and could therefore cause a disturbance.
The rules explained on the website are legal requirements that you, as a remote pilot, are obliged to always adhere to, much like the laws you must respect when driving a car. Violation of these provisions constitutes a legal infraction subject to prosecution by the Federal Office of Civil Aviation (FOCA) and can be fined. Remote pilots bear full responsibility for their drone operations.
If you witness a violation of the law, please inform the police.
Further information
Is your question not in this list? The FOCA is at your disposal.
Last modification 13.06.2024