New drone regulation in Switzerland

From 1 January 2024, the European drone regulations have come into force in Switzerland. Last year, we were able to obtain the necessary certifications for the legal operation of drones during a transitional period. This results in new rules and obligations for drone operators and their clients.


The new regulations severely restrict the operation of drones in Switzerland. This also affects film and photo professionals in Switzerland. Without elaborate special certification, drone footage over populated areas or uninvolved persons can hardly be implemented. That's why it's important not only for drone operators, but also for production companies, to have an overview of the applicable rules and to comply with them.

OPEN CATEGORY

The vast majority of drones are operated in the open category. The weight and class marking of the drone determine in which sub-category (A1, A2, A3) the drone may be flown.

The following basic rules apply:

  • Mandatory registration for all pilots

  • Training with examination according to subcategory (A1, A2, A3)

  • Drones must have a class marking (C0, C1, C2, C3, C4)

  • No overflight of crowds of people

  • No flights higher than 120 m above ground

  • No flights closer than 5 km to airfields or heliports

  • No flights out of visual range

  • FPV flights with video goggles are only permitted with a second operator monitoring the flight.

As of today, the vast majority of drone systems do not have a class marking. These may still be used, but only in the restricted subcategory A3. Such drone systems over 250 g and without class markings may not be used closer than 150 m to residential/commercial/industrial and recreational areas and must maintain a minimum distance from uninvolved persons. 

Detailed information on the open category (A1, A2, A3)

AUTHORIZATIONS FOR THE SPECIAL CATEGORY

If one or more rules of the open category cannot be complied with, drone operation is subject to authorization. (Example: drone recordings in the city of Zurich or close to uninvolved persons with a drone over 250 grams without the corresponding class marking)

To ensure that such flights can still be carried out, there are various authorization procedures for such cases, in which operators can obtain certification for flights in the special category from the Federal Office of Civil Aviation. However, these approval procedures (example: Specific Operations Risk Assessment SORA) are very time-consuming, costly and place high demands on the respective operator in order to guarantee safety. However, once the operator has obtained an operating license in accordance with SORA, it is valid for an unlimited period of time for the conditions defined in the license.

Detailed information on the special category

IMPORTANT TO KNOW FOR CLIENTS

Since not only the contracted service providers, but also the production companies themselves can be held liable under certain circumstances, it is important to only work with contractors who know the regulations for drone flights and can also comply with them. Drone footage that is produced and published without complying with the rules can be objected to by the relevant authorities. The Federal Office of Civil Aviation can inspect published or broadcast recordings for breaches of the rules and will do so in light of the new drone regulations.

It should also be noted that insurance cover may be invalidated in the event of non-compliant recordings. This entails financial and legal risks for all parties involved in the event of damage. To avoid such unpleasant consequences, it is strongly recommended that you only cooperate with drone operators who both meet the regulatory requirements and have adequate insurance cover. This ensures that both the legal integrity and financial protection of the project and all parties involved are guaranteed.