Quick Overview
1. Legacy drones without C-class marking (placed on the market before 01.01.2024) may continue to be operated in A1 (up to 250 g) or A3 (< 25 kg MTOM) – according to Art. 20 of Regulation (EU) 2019/947.
2. Applying your own class marking? No. This may only be done by the manufacturer in the conformity/certification procedure.
3. Modifications to C-classified UAS can revoke the certification → operation then only possible in the Specific Category with authorization.
Legacy Drones without C-Class Marking: Am I Allowed to Continue Flying?
Yes. Drones that were placed on the market before 01.01.2024 ("legacy drones") can continue to be operated in the subcategories A1 and A3 of the Open Operational Category, according to Art. 20 of Regulation (EU) 2019/947:
- "Mini-drones" < 250 g: Operation in A1
- UAS with MTOM < 25 kg: Operation in A3
Exception (Animal Welfare/Wildlife Rescue): For drones used for animal welfare and wildlife rescue purposes (not sport/leisure), the BMDV (Federal Ministry for Digital and Transport) establishes geographical zones. There, a minimum distance according to the 1:1 rule still applies – the distance can be reduced, for example, to 10 m if flying at a correspondingly low altitude.
Am I Allowed to Apply a Class Marking Myself?
Short answer: No. The C-class marking may only be assigned by the manufacturer as part of a certification procedure. This is complex and not practical for typical user drones.
Self-built/Private builds can be operated under the following conditions:
- "Mini-drones" < 250 g ($V_{\text{max}} < 19 \text{ m/s}$) in A1
- UAS with MTOM < 25 kg in A3
Am I Allowed to Modify My C-Classified UAS?
As the operator, you are responsible for operating the UAS within the manufacturer's specifications, its operational limits, and the respective C-classification. Changes that alter the criteria of the classification are not permitted – e.g., attaching an unapproved payload (see manual/POH of the UAS).
Comparison with a car: Unauthorized attachments (e.g., a spoiler without general operating permit) lead to the loss of the operating license. Similarly, a modified drone loses its certification and may then only be operated in the Specific Category – with official authorization. This is legally less favorable than the status of a legacy drone.
Conclusion & Consulting
The rules seem complex but are easily manageable with a little overview – provided you adhere to the manufacturer's specifications and are familiar with the EU categories. If you are unsure how your drone should be classified or whether a planned modification would be permissible, please contact us. We provide individual advice and help to avoid risks and fines.
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