Rights and Obligations of Multicopter Pilots

Aviation Law

General

• Since January 2023, drone regulations distinguish between three different operational categories: "OPEN", "SPECIFIC" and "CERTIFIED".
• Drones under 25kg that are flown VLOS (Visual Line Of Sight) and <120m AGL (Above Ground Level) can be operated in the open category without requiring approval from BAZL.
• Flying beyond visual line of sight always requires approval from BAZL.
• The operation of a multicopter weighing more than 250g must be covered by liability insurance with a minimum coverage of 1 million CHF.
  Note: The operation of model aircraft is not included in every liability insurance. Depending on the insurer, additional insurance may be required. Please check the insurance conditions or ask your provider.

Flying via FPV (First Person View)

• FPV flight using video goggles is only permitted if a second "operator" monitors the flight and can manually take control at any time. This operator must be at the same location as the pilot.
• Flying beyond visual line of sight (BVLOS) is not allowed without approval, even under these conditions.

Restrictions

• Multicopters may only be operated over crowds (several dozen people) and within 100 meters of them with BAZL approval.
• Flying near airports (within 5km of the runway) is not permitted.
• Additional restrictions may apply depending on the canton and municipality (example: Guidelines for multicopter operations in the city of Zurich).

Open Category

General

• All drone pilots are subject to a registration requirement. Exception: The drone weighs less than 250g and is neither equipped with a camera nor with a sensor or any other device for recording personal data.
• Training with an exam according to the subcategory (A1, A2, A3) is required.
• The minimum age for pilots is 12 years, unless the drone is supervised by a person at least 16 years old who has the necessary knowledge.
• A horizontal minimum distance from people must be maintained according to the subcategory (A1, A2, A3).
• The maximum flight altitude in the open category is now limited to 120m above ground. Approval from BAZL is required to fly higher.
• Drones must have a class marking.

Self-built drones can also be operated in the open category. Pilots are responsible for ensuring that the drone is correctly constructed and does not pose a safety risk. In the open category, self-built drones may only be operated in the following two subcategories:

• Subcategory A1: if the drone (including payload) weighs less than 250g and is flown at a speed of less than 19 m/s.
• Subcategory A3: if the drone (including payload) weighs less than 25kg.

If these criteria cannot be met, the drone must be operated in the specific category.

Subcategories and Classes

General

Summary: No training is required for drones under 250g (including battery). However, since they have a camera, pilots must register and mark the drone.
For drones over 250g, such as the Cinelog 35 or Mark 5, A1/A3 training is required, and the pilot must also register and mark the drone.
From a weight of 250g, liability insurance of 1 million CHF is also required.

Data Protection

If no identifiable persons are recorded (e.g., aerial shots from great height and distance), the data protection law does not apply. 

Otherwise, here is an excerpt of the most important rules from the Data Protection Act: 

• Filming identifiable individuals is only permitted if a justification exists (consent from the affected person or an overriding private or public interest).
• Video surveillance must be clearly recognizable (signs, visible cameras, or prior information).
• The camera’s field of view may only capture images necessary for the intended purpose.
• Recordings may only be used for their originally planned purpose.
• Recordings containing personal data (identifiable individuals) may not be shared with third parties, except in legally permitted cases such as a court request.

(Source: Swiss Model Aircraft Association SMV / FSAM)