If you have just bought a drone, first look at the regulations because you could be in violation without knowing it. The playground is huge but regulated!
The two categories of drone
Until recently, the French law had only two categories of flight concerning the use of drone: the leisure flight and the professional flight. As for many things, the European legislation has changed and replaced the old categories by the open category and the specific category. As a private individual, you are concerned by the open category which is intended for leisure pilots or professional pilots practicing flights called "in S1 scenario". The specific category is for professional pilots who fly in built-up areas or who make special flights.
The five rules to remember
The European legislation defines general rules applying to the use of UAVs. Some of these rules have been adapted or relaxed in France.
1- Minimum age: 14 years old
European regulations set the minimum age of the pilot at 16 years old, but on our territory it is possible from 14 years old.
2 -Maximum flight height: 120 meters
Open category flight requires a "direct view" flight. This means that you must always be able to see your drone with the naked eye. No maximum horizontal distance, but an assessment based on location, weather conditions ... In addition, drones should not be used at a height greater than 120 meters above "the nearest point of the Earth's surface". This is 30 meters less than the current regulation which allows 150 meters. Be careful, this height can be lower depending on local restrictions.
3- No-fly zones
On the GeoPortal site, you have access to the map of the restriction zones for the Open category: UAS restrictions for the Open category and model aircraft. This will show you the areas where flying is allowed (with the maximum height between 0 and 120 meters) and where it is prohibited. To make it simple, here are the places you cannot fly over. It is formally forbidden to fly over a built-up area (all public spaces: streets, parks, beaches...) with your flying machine, but it is tolerated for your private space, by adapting the speed and the height. Some sensitive or protected sites such as nuclear power plants or military grounds, as well as their surroundings are also forbidden to fly over. Confidentiality and terrorist threat are the reasons. Before undertaking a flight, it is therefore recommended to get information!
Airfields are also sensitive areas near which you should not fly your drone. Minimum distances must be respected and they can even reach 10 km for the most important airfields. The goal is obviously to avoid any risk of collision. You could be held responsible for any damage caused.
4- No night flying
This is strictly forbidden even if your drone has a light.
5 -Regulated shooting
As there is no longer a distinction between recreational and professional flying but only an open or specific category, the question of the commercialization of images is no longer the same. It is therefore possible to take pictures and videos with a drone and sell them. Attention, any aerial shooting must be declared in advance except "if the capture is made occasionally and for leisure during a flight whose purpose is not the taking of pictures."
You must therefore fill out the form "Declaration of aerial photography and cinematography activity" (Cerfa 12546*01), valid for 1 year, to declare your shots. Not easy to find your way around all these regulations!
What about privacy?
If images of you and your family have been taken without your knowledge, you can invoke the right to privacy and be compensated.The offending pilot may also be subject to a criminal conviction for invasion of privacy.
Stéphanie Swiklinski