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Drone flying in 2021 - Which category is the flight in?

On this page, we are going to explain step by step what the regulations for drone pilots will look like from 31 December 2021. This page has been written using information from the central government. 

The rules and requirements for flying drones depends on the risk of an accident during a flight. There 3 categories defined that apply throughout the European Union:

  • Flights with a low risk
    • The category for low-risk flights is called open category
  • Flights with a medium risk
    • The category for low-risk flights is called specific category
  • Flights with a high risk
    • The category for low-risk flights is called certified category

For each category, the risk posed by the flight is considered. 

Requirements for flights in the open category (low risk)

  • The drone weighs (at take-off) a maximum of 25 kg;
  • You will fly up to a maximum altitude of 120 metres;
  • You are not transporting hazardous materials;
  • You don't drop anything from the drone;
  • You always have a view of the drone. This is called the visual line of sight (VLOS).

Does your flight not meet 1 or more of these requirements? Then your drone flight is not a low-risk flight.

Requirements for flights in the specific category (medium risk)

  • Flying above people is allowed;
  • Flights near aerodromes are allowed;
  • Drones over 25 kilos may be flown;
  • Within the inhabited area may be flown;
  • Higher than 120 metres may be flown;
  • Drones may drop something, e.g. spraying crops;
  • There may be flying out of direct view. This is called beyond visual line of sight (BVLOS).
The certified category is still being shaped by the European Aviation Safety Agency.

Open category (low risk)

  • The drone weighs (at take-off) a maximum of 25 kg;
  • You will fly up to a maximum altitude of 120 metres;
  • You are not transporting hazardous materials;
  • You don't drop anything from the drone;
  • You always have a view of the drone. This is called the visual line of sight (VLOS).

Specific category (medium risk)

  • Flying above people is allowed;
  • Flights near aerodromes are allowed;
  • Drones over 25 kilos may be flown;
  • Within the inhabited area may be flown;
  • Higher than 120 metres may be flown;
  • Drones may drop something, e.g. spraying crops;
  • There may be flying out of direct view. This is called beyond visual line of sight (BVLOS).

The sub-categories of the open category

The open category has 3 subcategories. Each subcategory has requirements for the drone, pilot and flight.

 

Subcategory A1

For drones that less than 250 grams roads when taking off, the general rules apply when flying.

But the pilot:

  • Only needs to register with the RDW if the drone has a camera;
  • No need to take a knowledge test at a flight school or have a pilot's licence.
  • You are at least 16 years old;
    • You may fly with an observer if you are under 16 years old;
    • The observer may be 1 of the parents. The observer is a licensed pilot.
    • The observer always has a view of the drone. And is always in contact with the pilot. 

For toy drones weighing less than 250g at take-off, the general rules apply while flying. But the pilot:

  • Needs no minimum age to fly a toy drone and may fly without an observer;
  • No need to register with RDW. You do not need an operator number;
  • No need to take a knowledge test at a flight school or have a pilot's licence.

 

Note: The DJI Mini 2 is not a toy drone!

Subcategory A2

Do you want to fly closer to people? And is your drone (when taking off) maximum 2 kg? Then your flight falls in subcategory A2.

For flights in subcategory A2, the general rules for low-risk flights apply. For the pilot, the general rules before and while flying apply. In addition, the pilot:

  • Has a skills certificate;
  • Keep at least 50 metres horizontal distance from people.

Note! An exception to the 50 metres is when the pilot is allowed to fly closer to people. These people must then be aware that a drone is flying above them. For example, on a film set or for a wedding shoot.

Subcategory A3

Drone flights that pose a reasonable risk to persons or objects on the ground.

From 31 December 2022, all drones that do not have a C0 to C4 CE label will fall into this category.

The following types of drones are allowed to fly within the framework of this subcategory:

  • Class C2 drones (< 4 kilograms);
  • Class C3 drones (<25 kilograms);
  • Class C4 drones (<25 kilograms);
  • Legacy drones (without class label between 2 and 25 kilograms);
  • self-built drones (between 250 grams and 25 kilograms)
    • Self-built drones up to 250g may fly within the framework of subcategory A1

To make it clear, you can see an overview of what must be met for flying drones via the button below.

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