Switzerland

Contributor: Philippe Wenker

General

1. Are UAS considered as “aircraft” in your country?

Unmanned Aircraft Systems (UAS) are considered as aircraft but are subject to special regulation in Switzerland.

2. Which bodies regulate the remotely-piloted and/or unmanned aircraft operations in your country, under what basic laws?

Although located in the center of Europe, Switzerland is neither a member state of the European Union (EU) nor the European Economic Area (EEA). However, in relation to aviation, the relevant EU legislation applies to the extent adopted by Switzerland on the basis of the Bilateral Agreement on Air Transportation of June 21, 1999 (as amended from time to time) between Switzerland and the EU. In relation to remotely-piloted and/or unmanned civil aircraft above 150kg, the relevant EU Directives and Regulations currently in force apply in Switzerland, whereas UAS below 150kg are (still) subject to Switzerland’s own domestic regulation, in particular the Federal Act on Air Transport and the respective ordinances as well as the Ordinance on Special Category Aircraft of the Federal Department of the Environment, Transport, Energy and Communications (DETEC).

However the most recently revised EU legislation which applies to drones of all sizes regardless of their operating mass (Commission Delegated Regulation (EU) 2019/945 on drone manufacturing and selling requirements and Commission Implementing Regulation (EU) 2019/947) on drone operation  (hereinafter collectively referred to as the New EU Drone Regulations)) is not (yet) applicable in Switzerland but on 22 August 2019 the Swiss Federal Office of Civil Aviation (FOCA) communicated that the New EU Drone Regulations will be implemented and applicable in Switzerland as of June 2020 (see also Miscellaneous and Most Recent Changes below).

The competent regulatory body in charge of enforcing these rules is the FOCA.

3. Is there a distinction between “State UAS” and “Private UAS”?

There is a special regulation for military and other state UAS (i.e., the use of UAS by authorities). The applicable regulation must be determined according to the planned operation and the respective UAS used.

4. Is there any distinction between public, leisure and commercial UAS? What regulations are provided for UAS operations in each group?

Swiss regulation currently does not make any distinction between commercial and non-commercial UAS operations. Although, in the event UAS would become able to commercially transport cargo or passengers, it is likely that a distinction will be made between leisure and commercial use to implement a higher security standard for the latter.

5. Is there a distinction, in terms of regulation, between completely autonomous UAS and remotely-piloted UAS?

No; however, in general the operation of completely autonomous UAS is, in principle, not permitted in Switzerland, as currently a mandatory visual line of sight (VLOS) requirement for the pilot of a UAS applies. However, the FOCA may issue a special permit to exempt an operation from this requirement, if other users of the air space and people on the ground are not endangered (see Questions 6 and 8 below).

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Regulation of Unmanned Aircraft Systems (“UAS”) operations – Safety

Regulation of Unmanned Aircraft Systems (“UAS”) Operations - Safety

6. How are UAS operations regulated in terms of safety?

The FOCA is responsible for drone safety regulations and generally without a special permit (see Question 8 below), a UAS must be operated by the operator in direct visual contact with the UAS and the surrounding airspace (VLOS) and must not be operated:

  • closer than 5km to airfields and heliports;
  • above an altitude of 150m within control zones;
  • close to where emergency services are working; or
  • less than 100m from or over groups of people (i.e., already a gathering of 24 people or more).

The following safety rules shall be strictly respected during every flight with a UAS:

  • the UAS operator shall at all times and under all circumstances be responsible for collision avoidance with all other aircraft and operate the UAS only under weather and other environmental conditions that allow the application of this principle;
  • other aircraft have priority over UAS at all times; and
  • if an aircraft approaches, the UAS shall be landed immediately.

While, in principle, a VLOS requirement for the pilot of a UAS applies, the FOCA may grant permits for the operation of drones BVLOS, which applies also to UAS flights using video eyewear if direct eye contact cannot be established with the UAS by a co-pilot at any time. For drones up to 30kg a standard procedure may apply (see Question 8 below). However, the standard BVLOS procedure is intended for operation below 150m above the ground for the purpose of filming and photographing and the operation beyond the direct visual line of sight of the pilot is permitted only as long as airspace observers are deployed. The task of these observers is to ensure that approaching aircraft can be recognized at all times. The maximum permissible distance between the observer and the UAS is 2km.For UAS below 150kg, Swiss law further provides for rules on dropping or spraying of items or liquids according to the general Swiss ordinance on air traffic rules as well as further air traffic rules according to the Swiss ordinance of DETEC on special categories of aircraft.

However, as of June 2020, the detailed rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

7. Is the applicable regulation considering the rule of 1 UAS = 1 pilot?

Yes, the ‘one drone, one pilot’ rule is inherent in the VLOS requirement However, the FOCA may issue a special permit to exempt an operation from this requirement, if other users of the air space and people on the ground are not endangered and certain safety prerequisites are met (see Questions 6 above and 8 below).

However, as of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Regulation of Unmanned Aircraft Systems (“UAS”) operations – licensing

Regulation of Unmanned Aircraft Systems ("UAS") Operations - Licensing

8. What procedures are there to obtain licenses or the rights to operate UAS?

The respective procedures and permits according to the regulations currently applicable differ according to the weight of the respective UAS and its operation:

  • UAS above 150kg: rules and procedures according to European aviation law;
  • UAS between 30kg and 150kg: operations of such UAS require in any case the prior authorization by the FOCA;
  • UAS below 30kg: (i) if an UAS is operated without direct eye contact (BVLOS) and within a radius of 100m from gatherings of people, a FOCA permit is required, and (ii) for flights with UAS at a distance closer than 5km to a runway of a Swiss aerodrome (other than Zurich Airport and Geneva Airport for which currently no permits are being granted) and flights with UAS within the control zone of a Swiss aerodrome if exceeding a height of 150m above ground, an authorization is required from Skyguide or the aerodrome operator (in the case of aerodromes without control zone) (see also Question 6 above).

The permits granted by the competent authority may be subject to certain operational constraints or requirements regarding the UAS, the pilot(s), technology or safety procedures.

With regard to FOCA permits each application requires a safety test evaluated on a case-by-case basis. However, the FOCA applies standard procedures for:

  • operating UAS above private gatherings (also for tethered drones);
  • operating UAS beyond visual line of sight (BVLOS) (see also Question 6 above);
  • operating for first person view drone racing; and
  • the use of UAS for spreading.

Due to the high demand, such permits are currently subject to a processing time of at least four weeks.

For operations that do not qualify for a standard procedure, a complete safety test in accordance with the Joint Authorities for Rulemaking of Unmanned Systems Guidelines on Specific Operations Risk Assessment (SORA) is required. Among other things, a detailed description of the planned activity, the technical system as well as a risk analysis and emergency procedures are to be provided by the applicant. Due to the high demand, such permits are currently subject to a processing time of at least three months.

However, as of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

9. Are there any kind of taxes or fees regarding the licensing procedure?

The fees for the permits of the FOCA of certain operations of UAS below 30kg or any operation of UAS above 30kg (see Question 8 above) are charged on a time spent basis, depending on how much processing is required by the FOCA and may vary between 90 and 5,000 Swiss francs. Taxes and fees for UAS above 150kg are to be evaluated on a case-by-case basis.

As of June 2020, the relevant weight classification as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below) but the impact on the fees of the FOCA is at the date of this publication not yet clear.

10. Is a Certificate of Airworthiness mandatory to operate a UAS?

Currently a certificate of airworthiness is mandatory for UAS above 150kg according to the European aviation law. For UAS below 150kg, the airworthiness of UAS is on principle not examined. However, in relation to UAS between 30kg and 150kg, the FOCA determines the operation conditions on a case-by-case basis and the authorization may be subject to certain operational constraints and/or technical requirements. Operations of UAS below 30kg do not require a certificate of airworthiness.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

11. Is access to the market for the provision of UAS operation services regulated and, if so, how?

In general, there is currently no distinction between foreign and domestic UAS operators when operating UAS within Switzerland. However, in case of cross-border flights, according to art. 8 of the Chicago Convention 1944, unmanned civil aircraft are only allowed to fly over the sovereign territory of another country with that country’s special permission. In order to operate to or from Switzerland, one must also specifically be aware of Swiss customs law and possibly tax law.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

12. What requirements apply in the areas of financial strength and nationality of ownership regarding control of UAS?

There is currently no such particular requirement in relation to financial strength / nationality of ownership.

13. Is drone transport permitted / regulated in your country?

Drone transport is not prohibited but regulated, in particular by the Montreal Convention 1999 and the Swiss Ordinance on Air Transport. Moreover, additional regulation may apply depending on the specific goods transported, e.g. dangerous goods.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Regulation of Unmanned Aircraft Systems (“UAS”) operations – others

Regulation of Unmanned Aircraft Systems ("UAS") - Operations - Others

14. Is there a specific Data & Privacy Protection regulation applicable to UAS operations?

The general Federal Act on Data Protection and the general civil rights in relation to the protection of individual privacy are applicable to UAS operations. However, specific regulations in relation to data protection and UAS operations are currently discussed in Switzerland.

15. Is there a specific control-link interference regulation applicable to UAS operations?

No, the general control-link interference regulation applies.

16. Do specific rules regulate UAS manufacturers?

No, UAS manufacturers are currently not specifically regulated. However, specific rules may apply in relation to the procurement of state drones. Moreover, the design may be evaluated by the FOCA during an authorization process for a special permit (see Question 8 above).

However, as of June 2020, the detailed rules on manufacture and design of UAS as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

17. What requirements must a foreign UAS operator satisfy in order to operate to or from your country?

This depends on the specific operation at hand. However, according to art. 8 of the Chicago Convention 1944, unmanned civil aircraft are only allowed to fly over the sovereign territory of another country with that country’s special permission. In order to operate to or from Switzerland, one must also specifically be aware of Swiss customs law and possibly tax law.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

18. Are fares or pricing of UAS operations regulated and, if so, how?

No, there is no specific regulation applying to UAS operations.

The Aircraft (“UAS”)

The Aircraft (“UAS”)

19. Must UAS be registered in any particular register?

UAS are currently not eligible for registration in the Swiss aeronautical registry (which is the Swiss aircraft registry), nor is there any other specific registry for UAS in Switzerland. However, the FOCA registers its authorizations granted in relation to UAS between 30kg and 150kg and the special permits for UAS below 30kg (see Question 8 above). As of June 2020, however, the registration requirements as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

20. Who is entitled to be mentioned in the UAS register?

See Question 19 above.

21. Do requirements or limitations apply to the ownership of a UAS listed on your country’s register?

See Question 19 above.

22. Do specific rules regulate the maintenance of UAS?

This is currently not the case, but as of June 2020, the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Operation Zones

 

Operation Zones

23. Which are the operational and distance limitations for an aerial work with a UAS? Is there any kind of certificate or permission to operate beyond those limitations?

The general restrictions of airspace (e.g., bans) apply. The FOCA provides a map of flight zones in Switzerland (https://www.bazl.admin.ch/bazl/en/home/good-to-know/drones-and-aircraft-models/drohnenkarte.html). Further airspace restrictions apply to the operation of UAS within a radius of 100m of a gathering of people, within a distance of 5km from runways of any civil or military airport as well as above an altitude of 150m within the control zones of airports (i.e., zones serving to protect aircraft during takeoff and landing) that require a special permit by the competent authority (see Question 8 above).

As of June 2020, however, the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

24. Are UAS obliged to take off from and/or land in specific facilities?

No (other than the no-fly zones around airports, see Question 24 above). However, take-off or landing from non-public places may infringe civil law in relation to privacy protection.

25. Which kind of airspaces are UAS permitted to operate with?

See Questions 23 and 24 above.

26. Which airspaces are restricted for UAS?

See Questions 23 and 24 above.

27. Which zones are UAS operations banned?

See Questions 23 and 24 above.

28. Who provides air traffic control services for UAS in your country?

Air traffic control services are provided by Skyguide, a Swiss company headquartered in Geneva and majority-owned by the Swiss Confederation. At the moment there is no air traffic control service for UAS in place, however, drones air traffic control will part of the Swiss U-Space program which is being developed and tested by Skyguide and shall be implemented in the near future (see Miscellaneous and Most Recent Changes further below).

Liability and accidents

Liability and Accidents

29. Are there any special rules in respect of loss or damage to cargo?

Switzerland has ratified the Montreal Convention 1999, which provides for special rules in this regard. Insofar the Montreal Convention 1999 is not applicable, as there are no specific rules for UAS, the Swiss Ordinance on Air Transport provides for further rules.

30. Are there any special rules about the liability of UAS operators for surface damage?

The Rome Convention 1952 has not been ratified in Switzerland. However, art. 64 of the Federal Act on Air Transport provides for a liability of the operator of the UAS (which does not necessarily correspond to its legal owner) for damages to persons or property on the surface. This liability is construed as a strict liability, i.e. irrespective of negligence or fault.

31. Is there a mandatory accident and incident reporting system and, if so, how does it operate?

Yes, in accordance with Regulation (EU) No. 376/2014, which is applicable in Switzerland, irregular occurrences that compromise or that could compromise air safety must be reported by using the reporting portal provided by the European Union (see www.aviationreporting.eu/AviationReporting/). Such reports are then automatically forwarded to the FOCA.

32. What system and procedures are in place for the investigation of UAS accidents?

The Federal Swiss Transportation Safety Investigation Board is mandated to investigate accidents and dangerous incidents involving aircraft. Penal authorities may conduct further investigations in relation to criminal activities.

33. Are UAS operators obliged to have insurance for their operations? If so, which are their main features?

Swiss law requires any operator (which does not necessarily correspond to its legal owner) of UAS between 0.5kg and 150kg to enter into a third-party liability insurance policy covering at least one million Swiss francs. Only third-party liability insurance is mandatory for the operator, whether this is an individual person or a legal entity. Insurance of the UAS itself is optional.

As of June 2020, the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

34. What is insured? The operator, the business or the aircraft?

Only third-party liability insurance is mandatory for the operator, whether this is an individual person or a legal entity. Insurance of the UAS itself is optional (also see Question 33 above).

Financial support and state aid

Financial Support and State Aid

35. Are there sector-specific rules regulating direct or indirect financial support to companies by the government or government-controlled agencies or companies (state aid) in the UAS sector? If not, do general state aid rules apply?

No, there are no sector-specific rules regulating state aid in the UAS sector, but the general state aid rules apply.

36. What are the main principles of the stated aid rules applicable to the UAS sector?

State aid rules exist both on a federal and a state level. The main principles are that there is a public interest, which is not sufficiently pursued by the private sector and which may not be satisfied sufficiently by the state.

37. Are there exemptions from the state aid rules or situations in which they do not apply?

UAS operations are not specifically exempted from state aid.

38. Must clearance from the competition authorities be obtained before state aid may be granted?

As a general rule, no, such clearance must not be obtained.

Miscellaneous and Most Recent Changes

The Swiss drone sector is growing rapidly, and Switzerland is considered a leader in the research and development of drones. The term ‘drone-valley’ is increasingly used between the top-ranked Swiss Federal Institutes of Technology in Zurich and Lausanne, which is home to about 80 drone start-ups in recent years. Moreover, more than two dozen larger companies developing drones foster Switzerland’s position as one of the industry leaders in the development of drones.

The Drone Industry Association Switzerland represents, supports, defends and promotes Swiss drone companies as well as embracing the use and acceptance of drones. The drone sector will attract further investors and other stakeholders in the field, which will certainly lead to a continuance of its growth.

The Swiss U-Space is currently being developed by Skyguide and is promoted to ensure that all categories as well as all types of missions of drones can operate in Swiss airspace by enabling a safe, efficient, sustainable and secure integration of drones into airspace. This shall be achieved by a set of U-space services and specific procedures such as registration of both operator and drone, airspace authorization, geofencing, live drone telemetry and real-time alerts to the operators.

Skyguide in partnership with industry players and with the support of the FOCA recently presented Europe’s first live demonstration of U-space capabilities.

The regulation on UAS in Switzerland will change as of June 2020 as the New EU Drone Regulations will apply (see Question 2 above). Nevertheless, Switzerland may add own rules in addition to the New EU Drone Regulations, if justified on safety, security, privacy or environmental grounds. The rules are proportionate to the risk of the relevant operations of UAS classified in three categories: open, specific and certified.

The open category is for low-risk UAS operations that do not require any prior authorization but are subject to specific operational restrictions. In general, operators of a UAS (other than drones lighter than 250g without a camera) must meet the minimum age of 16 years (unless reduced by the FOCA), register themselves and take an online test. Further, such UAS may only be operated at a maximum altitude of 120m above ground, outside restricted flight zones and only VLOS. The UAS itself must meet certain basic industrial standards and receive a CE marking. The open category is further divided into three subcategories (flying over, close or far away from people) with different requirements to the capabilities of the controller and the respective UAS used, depending on the operation. Within the open category UAS are classified in four classes depending on their weight (<250g, <900g, <4kg and <25kg) being subject to different technical requirements (such product classes will be evident on the CE marking).

The specific category is for UAS operations that involve an increased risk and, thus, require prior authorization from the FOCA. The assessment of operational risk shall take into account the risk mitigation measures identified. The specific category applies whenever the conditions of the open category cannot be met. Various UAS operations will be subject to standard scenarios which require the prior submission of a declaration by the UAS operator to the FOCA containing an operational risk assessment describing the operation in detail, proposing adequate operational safety objectives, identifying operational risks as well as risk mitigating measures. If no standard procedure is applicable, during the authorization process the FOCA will conduct a SORA.

The certified category is for high risk operations, in particular the operation of UAS over assemblies of people, involving the transport of people, involving the transport of dangerous goods. Also, the operation of large UAS, i.e. with a characteristic dimension of >3m, are subject to the certified category. UAS in this category must be certified for airworthiness, pilots must be certified, and safety supervision will be performed by the FOCA.

The FOCA has just started to pave grounds in order to implement the New EU Drone Regulations in Switzerland, such as the drone registration platform, adaption of Swiss regulations (in particular adjustments to the Ordinance on Special Category Aircraft of the DETEC) as well as the therewith related communication.

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