CE regulations

[iglou7]

Just got my mavic air 2. Should i send it back?

 

[FoxhallGH]

That statement you have posted is not true. EASA regulations will come into force in November this year (delayed from July due to COVID-19), that will mean any drone manufactured for sale in the EU/UK region after this date, must display an EASA 'Class' logo. That Class is related to the weight of the drone. Any drone that has not been manufactured with a class logo on its product labelling (before or after that date), will be designated a 'Legacy' drone. Legacy drones will be allowed to fly indefinitely under the 'Open category' - subcategory A1 rules - if they are under 250g in weight, and under subcategory A3 rules if they are over 250g (e.g. the Mavic Air 2). If you are wanting to use your MA2 for some commercial operations, you can sit a 'Category A2 Certificate of Competency' exam that will allow you to use your legacy drone in the A2 subcategory until November 2022. After that - the drone must only be flown under subcategory A3 rules.
In essence, it looks like Open Class legacy subcategory A3 flying would be similar to existing Drone Code rules, with the modification that there will no longer be the ability to over-fly people i.e. the exclusion zones will be 'cylinders' - not 'domes'.

The bottom line is that - Yes - you will be able to still fly your Mavic Air 2 after November 2020 - with some restrictions over existing rules, but if you fly safely, you won't find those restrictions much of an issue. If you want to use your UAV for commercial reasons and will sit further certification tests to do so - then I would recommend that you wait and get a UAV that is EASA Class marked ...

The documents regarding these rulings are horrendous due to the combinations of 'Class' ratings for the UAV, and operational 'categories' and 'subcategories' that they can be flown in. However, have a look at these two documents. The EASA doc' is easier to get an idea of what you will be allowed to do - while the CAA doc' provides some local content and a Q & A section:

https://www.easa.europa.eu/sites/default/files/dfu/Easy_Access_Rules_for_Unmanned_Aircraft_Systems.pdf

https://publicapps.caa.co.uk/docs/33/CAP1789%20April%202020.pdf

 

[iglou7]

Thank you so much. This helped a lot.

 

[DroneBG]

So basically Dji will have to sell only EU certified drones in Europe after November this year. But before that date anybody who buys a drone will be screwed.

 

[FoxhallGH]

So basically Dji will have to sell only EU certified drones in Europe after November this year. But before that date anybody who buys a drone will be screwed.

I don't think that "anybody who buys a drone will be screwed" - because a Legacy drone will be able to be used forever, under Open Class subcategory A3. However - If you are considering buying a drone for commercial use, then you have some serious study to do to make sure you know what the new regulations are and how they affect your business, and in that case - yes - it might be wise to defer purchase of new UAV's until they have EASA Class logo markings.
There may be some criticism of what Open Class subcategory A3 will allow us to do as a recreational flyer - and for that - we have our colleagues that love to post videos of illegal flights to thank for ...

 

[DroneBG]

I don't think that "anybody who buys a drone will be screwed" - because a Legacy drone will be able to be used forever, under Open Class subcategory A3. However - If you are considering buying a drone for commercial use, then you have some serious study to do to make sure you know what the new regulations are and how they affect your business, and in that case - yes - it might be wise to defer purchase of new UAV's until they have EASA Class logo markings.
There may be some criticism of what Open Class subcategory A3 will allow us to do as a recreational flyer - and for that - we have our colleagues that love to post videos of illegal flights to thank for ...

I agree with you. Just want to have the freedom to fly in the A2 category legally (considering buying a MA2), because the drone is an expensive peace of technology and when I pay for it, I would like to use it to its full capacity. If somebody wants to fly only in the woodlands, that's ok. But if in a couple of months Dji starts selling drones with the appropriate certification, I would feel cheated for buying a drone now.

 

[FoxhallGH]

I agree with you. Just want to have the freedom to fly in the A2 category legally (considering buying a MA2), because the drone is an expensive peace of technology and when I pay for it, I would like to use it to its full capacity. If somebody wants to fly only in the woodlands, that's ok. But if in a couple of months Dji starts selling drones with the appropriate certification, I would feel cheated for buying a drone now.

I understand your point and agree. I don't know when DJI are going to start manufacturing the MA2 with a Class 1 logo, but to make it A2 compatible, they would have to limit its 'Tripod' mode speed to 3 m/sec and implement broadcast of Operator ID in Go Fly (if that's not already there).

 

[DroneBG]

I understand your point and agree. I don't know when DJI are going to start manufacturing the MA2 with a Class 1 logo, but to make it A2 compatible, they would have to limit its 'Tripod' mode speed to 3 m/sec and implement broadcast of Operator ID in Go Fly (if that's not already there).

I think these are minor adjustments and will be easy to fix. It is just a matter of the EU making the final requirements public, so Dji can implement them and be done with it.

 

[zocalo]

Might be worth pointing out that the determining factor over whether an aircraft goes into "Legacy" or not is that little "class marking" on the aircraft, that identifies an aircraft's class under the new regulations (the one that looks like a pilot's wings with a number in the middle). The regulations are - for whatever reason - pretty clear that it CANNOT be applied retrospectively, and without it clearly and indelibly marked on the body of the aircraft it WILL go into Legacy class when the time comes.

The upshot of that is that if you are buying an aircraft without the marking then you need to be certain that it will meet ALL your flight needs once it does go into the Legacy class (possibly in conjuction with an additional CofC), or that you have factored in the budget for a suitable replacement when the time comes.

As an aside, I see no reason why an aircraft released now could not preemptively have the appropriate marking applied - the classes, aircraft specifications, and logo design are all known - so this seems likely to be some kind of procedural or communications failure between EASA and manufacturers to me. If they are seriously taking the position that new drones cannot carry the markings until after July 2020 (or does the CAA's deferral to November at the earliest apply to the rest of the EU as well?) that's going to make for a really miserable year for vendors and completely stuff up this year's sales. At this point there's no way I'd buy a new drone unless I knew it wasn't going to end up as Legacy, and that means having that marking is right at the top of the "Must have features" list.

 

[DroneBG]

Might be worth pointing out that the determining factor over whether an aircraft goes into "Legacy" or not is that little "class marking" on the aircraft, that identifies an aircraft's class under the new regulations (the one that looks like a pilot's wings with a number in the middle). The regulations are - for whatever reason - pretty clear that it CANNOT be applied retrospectively, and without it clearly and indelibly marked on the body of the aircraft it WILL go into Legacy class when the time comes.

The upshot of that is that if you are buying an aircraft without the marking then you need to be certain that it will meet ALL your flight needs once it does go into the Legacy class (possibly in conjuction with an additional CofC), or that you have factored in the budget for a suitable replacement when the time comes.

As an aside, I see no reason why an aircraft released now could not preemptively have the appropriate marking applied - the classes, aircraft specifications, and logo design are all known - so this seems likely to be some kind of procedural or communications failure between EASA and manufacturers to me. If they are seriously taking the position that new drones cannot carry the markings until after July 2020 (or does the CAA's deferral to November at the earliest apply to the rest of the EU as well?) that's going to make for a really miserable year for vendors and completely stuff up this year's sales. At this point there's no way I'd buy a new drone unless I knew it wasn't going to end up as Legacy, and that means having that marking is right at the top of the "Must have features" list.

Exactly. We are waiting for a simple marking on the drones. It sounds stupid, but that's the reality. It is in the manufacturers interest, too to resolve it as quickly as possible.

 

[Haggar]

Just to cloud the issue a bit more, the CAA have stated that they will withdraw from EASA when the BREXIT transition comes to an end. Also, 1st of November is not cast in stone either, any EU state can require a further delay. The CAA have stated that 1st November is the earliest date, not a final date.

I take the stance that 'nothing will happen, untill its happend'. Everything published so far is no more than hot wind. That's why I wont spend a penny on training and certificates. The current rules are what I must comply with, and thats what I do. Trying to double guess what the CAA, EASA, and individual EU member states will do can prove very expensive.

 

[zocalo]

Just to cloud the issue a bit more, the CAA have stated that they will withdraw from EASA when the BREXIT transition comes to an end. Also, 1st of November is not cast in stone either, any EU state can require a further delay. The CAA have stated that 1st November is the earliest date, not a final date.

I take the stance that 'nothing will happen, untill its happend'. Everything published so far is no more than hot wind. That's why I wont spend a penny on training and certificates. The current rules are what I must comply with, and thats what I do. Trying to double guess what the CAA, EASA, and individual EU member states will do can prove very expensive.

Yes, the CAA is apparently pulling out of EASA (necessary because EASA is ultimately bound by rulings from the EU court), but the regulations are already on the UK's statute books and in the scheme of things revisiting them is probably *waaay* down the Brexit related list of things to do. Our "version" of the regulations is officially part of the UK's law (just as it would have if we'd stayed in the EU), only the process of appeal should stop in the UK post-transition rather than have the option to escalate to the EUCJ.

I also agree on November being uncertain, so I'm taking a similar tack (despite the CAA and UK government's joint failure to really inform people of changes to laws and dates of their implementation) - sticking with what I have and know, until things definitively change. I'm certainly not planning on taking any certifications, although I am interested in at least an A2 CofC, until they're finalised and, barring trashing my current aircraft, I'm not planning on buying any new aircraft until they have the new CE markings either.

 

[Lastrexking]

Although I am interested in at least an A2 CofC, until they're finalised and, barring trashing my current aircraft, I'm not planning on buying any new aircraft until they have the new CE markings either.

I'm exactly the same. I was going to two my A2CofC, but as it's time-limited to five years, it seems pointless losing time on it until we're definitely out of lockdown. And, until the manufacturers release something that matches the specs for the EUASA requirements, it seems a little pointless to add another drone to my collection (although I'm tempted by a M2Zoom for nature photography).

 

[raphi_d]

The swiss government will also adapt the new EASA rules and after some email exchanges they confirmed that the Mavic Air 2 and any other drone lacking a CE classification will fall under the legacy rule.

Which sucks big time, this means you cannot fly on an empty football field if there are buildings within 150m around it, how f-ed up is that? Shooting in a beautiful spot in the nature will also be a challenge because nice spots usually draw other people and if one happens to get into the picture, even when your drone was far away from that person and the face is not recognizable, you better scrap that footage and shoot the scene again before posting it somewhere online.

But I bought the MA1 last year, switched to the MA2 this year and managed to sell the MA1 in no time. Guess I'll be buying the MA3 with CE class in 2022 and hope that I can sell the MA2 to some poor soul...