Since 31 December 2020, new rules have applied in Europe to so-called UAS (Unmanned Aircraft Systems), popularly also known as drones. The rules do not distinguish between the type of use, professional or recreational, but they do distinguish by the risk of an accident associated with a flight. When the risk is limited, the flight falls under the open category. This page describes the situation in the Netherlands.
Low-risk flights: open category
The European rules that apply depend on the risk of an accident. Low-risk flights fall under the open category. The conditions are flexible and only a few requirements have to be met. Even so, there are a number of general rules for low-risk flights.
Requirements for low-risk flights
For a flight to count as a low-risk flight, a number of requirements apply. Only when all requirements are met is the flight a low-risk flight.
- The drone weighs no more than 25 kg at take-off
- You do not fly higher than 120 metres
- No dangerous goods are carried
- You do not drop anything from the drone
- You always have visual line of sight
If one or more requirements are not met, the flight is not a low-risk flight. Different rules apply to medium-risk or high-risk flights.
Medium-risk or high-risk flightsGeneral rules for low-risk flights
Under the European rules, you may only fly a drone if you are sufficiently trained and if you are registered with the Netherlands Vehicle Authority (RDW). When you fly a drone, you must have your drone pilot certificate with you. In addition, bear in mind the following general rules for low-risk flights:
- The pilot is at least 16 years old, or the observer is older and has a drone pilot certificate
- When flying, the pilot must always carry their drone pilot certificate
- Flying is only permitted in areas that are suitable for it
- The pilot may not be under the influence of alcohol or drugs
- It is not permitted to fly near emergency services
- If other air traffic approaches, the pilot must land the drone immediately
- The pilot must always respect other people's privacy
Additional rules and exceptions for low-risk flights
There are both additions and exceptions to these general rules. Which additions and exceptions apply depends on the category you fly in. The open category has three subcategories.
Subcategory A1
Subcategory A1 covers drones that weigh less than 250 grams. In this case we speak of a mini drone. The general rules apply to such mini drones, but there are two exceptions:
- The pilot only needs to register with the RDW if the drone has a camera
- The pilot does not need to take a knowledge test or have a drone pilot certificate
If it is a toy drone that weighs less than 250 grams at take-off, even more exceptions apply. In that case, for example, there is no minimum age and you may fly without an observer. As with drones in subcategory A1, the pilot does not need to register and no knowledge test is required.
Subcategory A2
Anyone who wants to fly closer to people with a drone with a C2 label (maximum take-off mass of less than 4 kg, Delegated Regulation (EU) 2019/945, Annex, Part 3) flies in subcategory A2. The general rules for low-risk flights apply, subject to two additional requirements:
- The pilot must have a certificate of competency
- The pilot must keep a horizontal distance of at least 30 metres from uninvolved persons; with an active low-speed mode this may be 5 metres (Implementing Regulation (EU) 2019/947, Annex, UAS.OPEN.030)
A certificate of competency is not the same as a drone pilot certificate. It requires an additional knowledge test.
Subcategory A3
If you fly a heavier drone of up to 25 kg (at take-off), you fly in subcategory A3. The general rules for low-risk flights apply, subject to a number of extra restrictions:
- The pilot may only fly where there are no people
- The pilot must keep a distance of at least 150 metres from recreational, commercial, residential and industrial areas
Overview of subcategories A1, A2 and A3
Depending on the risk of the flight and the characteristics of a drone, different requirements apply. The difference between the various subcategories is shown clearly below.
| Subcategory | Class | Weight | Max. height | Distance | Pilot registration | Drone pilot certificate | Certificate of competency |
|---|---|---|---|---|---|---|---|
| A1 | C0 | < 250 grams | ≤ 120 metres | Not over crowds | Only if it has a camera | Not required | Not required |
| A2 | C2 | < 4 kg | ≤ 120 metres | 30 metres from people (5 metres in low-speed mode) | Compulsory | Compulsory | Compulsory |
| A3 | C2 | < 4 kg | ≤ 120 metres | Not near people and 150 metres from recreational, commercial, residential and industrial areas | Compulsory | Compulsory | Not required |
| A3 | C3 | < 25 kg | ≤ 120 metres | Not near people and 150 metres from recreational, commercial, residential and industrial areas | Compulsory | Compulsory | Not required |
| A3 | C4 | < 25 kg | ≤ 120 metres | Not near people and 150 metres from recreational, commercial, residential and industrial areas | Compulsory | Compulsory | Not required |
Please note: drones without a Cx label that were placed on the market before 1 January 2024 may still be flown in subcategory A1 or A3, subject to conditions (Dutch central government, veiligdronevliegen.nl). In other words, the importance of the Cx label and the CE marking should not be underestimated either.
More about the Cx label and the CE markingFrequently asked questions about low-risk drone flights
Since 31 December 2020, the new European rules for flying model aircraft and drones have applied. Even for a low-risk flight, there are a number of general rules that must be respected. These new rules raise questions for many people, questions we are happy to answer.
When am I required to have a drone pilot certificate from the RDW?
As soon as you fly a drone that weighs 250 grams or more, you must always have a drone pilot certificate from the RDW. To get one, you must follow an online training course and take a knowledge test.
Do I have to register with the RDW as a drone owner?
This depends on several factors. Registration is compulsory for all drones that weigh 250 grams or more and for drones that weigh less than 250 grams and have a camera. There is an exception for toy drones with a camera, however: for these drones you do not need to register with the RDW as the owner.
How long are the new drone certificates valid?
The new drone certificates are valid for five years. After that, they will need to be renewed. You can do this by completing a refresher seminar or by taking a new knowledge test after following a (refresher) course.
What happened to the ROC-light?
The ROC-light is no longer valid since European drone legislation came into force. Moreover, the ROC-light was not automatically converted into a European authorisation. Holders of an ROC-light are referred to the open category, in which, under certain conditions, you can also fly without an authorisation.
Is FPV flying possible under European drone legislation?
Yes, FPV flying (First Person View) is still possible under European drone legislation. An FPV pilot flying in the open category must also comply with the general rules that apply in this category. If you control the drone with video goggles, an extra requirement applies. In that case, an observer must stand next to you who keeps an eye on both the drone and the surroundings. It is important that the two of you can communicate with each other easily.