The European rules that apply to drone flights make a distinction based on the risk of an accident during the drone flight. The greater the risk, the stricter the rules. We distinguish between low-risk flights, medium-risk flights and high-risk flights. This page describes the situation in the Netherlands.
Medium-risk flights
A medium-risk flight involves a higher risk of an accident than a low-risk flight, but the risk is smaller than with a high-risk flight. This is not only about a medium risk from the drone activities themselves; the circumstances that apply during the flight must also be taken into account. A medium-risk flight falls under the specific category instead of the open category.
Risk in medium-risk flights
When a flight is a medium-risk flight, it is possible to fly over people. Flying near aerodromes, for example, is also permitted, as is flying with drones that weigh more than 25 kilograms. You can also fly within built-up areas, you can fly higher than 120 metres and drones may even drop something. In addition, you may fly beyond direct line of sight. Such risks may not be taken in low-risk flights.
Rules for pilots in medium-risk flights
For low-risk flights there are still ready-made rules, but medium-risk flights are a matter of tailor-made solutions. That is why the operator must carry out a risk assessment in advance. In addition, the operator must have a flight authorisation from the Human Environment and Transport Inspectorate (ILT, Inspectie Leefomgeving en Transport), the pilot must have a certificate of competency and the operator must have an operator registration number. The flight can also comply with a standard scenario published by the European Union Aviation Safety Agency (EASA). In that case, the operator must submit a declaration.
High-risk flights
The risk assessment carried out by the operator may show that a drone flight involves a high risk of an accident. In that case, the rules that apply to medium-risk flights do not apply, but extra strict rules will apply instead. However, the European drone rules for high-risk flights are still awaited.
Waiting for the European rules
The rules for flights in the certified category are still being developed by EASA (the European Union Aviation Safety Agency). For that reason, according to the Human Environment and Transport Inspectorate (ILT), it is not yet possible to fly in this category. Once EASA has adopted these rules, these European rules will apply.
Frequently asked questions about medium or high-risk flights
Medium or high-risk flights always require an authorisation. What is and is not possible is largely determined by the authorisation. However, a legal framework for high-risk flights is still awaited. It is precisely because there are no ready-made rules that many people have questions about medium or high-risk flights.
Where can I go with a question about medium or high-risk flights?
Several ministries and public bodies deal with drones. If you have questions about the flight rules, the zones where you can fly, privacy or the enforcement policy, you can contact the Ministry of Infrastructure and Water Management (Ministerie van Infrastructuur en Waterstaat). For questions about flight training, authorisations, exemptions or the technical requirements for drones, you can contact the Human Environment and Transport Inspectorate. And for questions about the drone pilot certificate, registration and the operator registration number, the Netherlands Vehicle Authority (RDW) will be happy to help you.
Is insurance compulsory for a medium or high-risk flight?
Whether or not liability insurance is compulsory depends on several things. Under EU legislation, for example, professional operators are required to arrange liability insurance. Private operators may also be required to take out liability insurance, for example if a drone weighs more than 20 kilograms. In any case, good liability insurance is always advisable, even if it is not compulsory.
How long does it take to apply for an authorisation for medium-risk flights?
This is difficult to say, because many different authorisations are possible. The complexity will partly determine how long it takes to issue an authorisation. In any case, you will always receive a response within the time limit set by the General Administrative Law Act (Algemene wet bestuursrecht).
Can I fly a drone anywhere in the case of a medium or high risk?
Special rules apply to drones with a medium or high risk. For these you need an authorisation from the Human Environment and Transport Inspectorate. The risk assessment and the risk of the flight play an important role. On that basis, it is determined where you can and cannot fly.
Can I fly in a no-fly zone during a medium-risk flight?
Most no-fly zones are limited to flights in the open category. Flights in the specific category may be permitted there under certain conditions. For example, you can still carry out chimney inspections or take thermal images of homes in a no-fly zone. The authorisation granted will be decisive.