Hi all!

Thank you for viewing my question, I hope you can help me come to a conclusion. So let's start with my main question:
"Am I allowed to fly the Mavic Mini (249g) on a trip to Austria (Europe) with the conditions of:
- a height below 30m,
- only in the allowed zone (A)
- recording video or photo using the onboard camera (respecting Austrian privacy laws) for personal use."

I tried to find the answer myself, but am confused with the found answers and could use some help based on your knowledge and experience. I am listing some of my sources below, which also come to different conclusions and resulting in my confusion about this issue.

Thank you so much for you help!



Resources:


AustroControl (official Austrian authority) via https://www.austrocontrol.at/en/aviation_agency/licenses__permissions/flight_permissions/rpas
"Toys: Models up to 79 Joule kinetic energy (app. 250 g): for example toy-helicopter, minimodels of foam with a camera are tolerated up to an altitude of max. 30 meters above ground level-. Danger to persons or objects has to be expulsed. The described toys are not in the scope of the Austrian Aviation Act."

I also emailed them with the question and this was their reply:
"As soon as you take photos/videos with your camera that's installed on your unmanned vehicle and you want to operate it over 79 joule kinetic energy, you need a permission from Austro Control."

So the confusion here is the contradiction? between the website ("for example toy-helicopter, minimodels of foam with a camera are tolerated up to an altitude of max. 30 meters above ground level-.") and the email reply ("As soon as you take photos/videos with your camera that's installed on your unmanned vehicle"). Am I interpreting their reply wrongly? (Is the camera bit in the email a seperate statement from the mass satement or is it in relation to that statement (or/and).

Conclusion: Unclear.


Dronemade (via https://www.drone-made.com/post/austria-drone-laws, dated Dec 11, 2018)
"Important, you're not allowed to film, take photos for leisure or commercial use without an appropriate authorisation delivered by Austro Control. Live broadcast is also forbidden." Directly under that is stated: "For drones under 250g: Good things first, you will not need a permit or a license to fly your drone for recreational purposes if its weights less than 250 g & you keep your flight altitude below 30 m."

Conclusion: Unclear.


Drone Traveller (via https://drone-traveller.com/drone-laws-austria/, dated 24.06.2020)
"Category “toy": This category is about the kinetic energy of the device on impact. It must not exceed 79 joules. In addition, the device may reach an altitude of 30 meters maximum. This means that drones with a weight of 250 grams are considered toys if the maximum altitude is maintained and no people or things are endangered. Heavier drones could also be included in this category if the maximum altitude is reduced accordingly. No approval is required for this category, even if the drone is equipped with a camera."

Conclusion: Allowed to fly in my case without a permit.


UAV Coach (via https://uavcoach.com/drone-laws-in-austria/, not dated)

"A permit is not required to fly a toy drone. A toy drone in Austria is defined as “up to 79 joules kinetic energy, which corresponds to a weight of approximately .55 lbs (250 grams), at an operating height of 98 feet (30 meters).” and "A permit from Austro Control is required to take photos or record video with your drone regardless of operating mass and even if the photos/footage are for private use."

Conclusion: Not allowed to fly in my case without a permit.


DroneRules.eu (via https://dronerules.eu/en/professional/regulations/austria, not dated)

"Your drone has no more than 79 Joule kinetic energy (app. 250 g)", "Your drone is not used for commercial purposes" and "Your drone is not used for the purpose of camera or film recording".

Conclusion: Not allowed to fly in my case without a permit.

Hello there. Thank you for reaching out and for these information you have shared. I hope that you will get the best information and recommendation with regards to this matter from our valued DJI co pilots who went and brought there DJI Drones in Austria. For reference, I will be posting a link where in you can check locations in Austria where in you can freely fly your DJI drones or if a certain location is a No Fly Zone ( https://www.dji.com/flysafe/geo-map ) and a link where in you can some DJI Fly Tips as well ( https://www.dji.com/flyingtips?site=brandsite&from=nav ). In addition I will post a link from DJI Forum with regards to this matter as well ( https://forum.dji.com/thread-206953-1-1.html ). Thank you and stay safe always.

Necessary disclaimer: I'm not a lawyer, I'm not giving legal advice, but as an Austrian Mavic Mini Pilot and freelance tech journalist I dug into the topic. Conclusion in short: You're fine as long as you stay below 30 meters and out of certain restriction zones. Recording video is also fine and does not mean you need registration, as long as you're not flying commercially. (At least for now. EU regulations will change that, but they don't come into effect until sometime next year.) This informationen comes directly from Austro Control.

Btw, I use this app to check for restriction zones.
ÖAMTC Drone App

By the source UAV Coach

General Rules for Flying a Drone in Austria:

• 1. Drone pilots must be 16 years of age or older.
• 2. Liability insurance is mandatory for all drone operators. (You can buy insurance per year or per flight)
• 3. No flying over crowds (e.g. events, sports events, concerts, etc.) without special permission.
• 4. No flying in “the immediate vicinity of airports” without special permission.
• 5. Only Austro Control may grant an aviation permit to a pilot.
• 6. Even after the operating license has been granted, specific aviation-related authorizations in accordance with the 2014 Air Traffic Rules may be required for certain areas.
  
  

So from here we definitely need to talk about point No.5:

Permit Requirements in Austria:

• - A permit is not required to fly a toy drone. A toy drone in Austria is defined as “up to 79 joules kinetic energy, which corresponds to a weight of approximately .55 lbs (250 grams), at an operating height of 98 feet (30 meters).”
• - A permit from Austro Control is required “if 79 joules are exceeded or if the drone is flown above 98 feet (30 meters).”
• - A permit from Austro Control is required to fly a drone for commercial purposes.
• - A permit from Austro Control is required to take photos or record video with your drone regardless of operating mass and even if the photos/footage are for private use.
  

• "Anyone who flies illegally without approval faces a fine of up to 22,000 euros".
  

So, bottom line is that if you are recording, you need permit.
Even if youre taking a photo of your beautiful wife with your camera somewhere on the AT streets you need to be careful of the backround. Because someone who ended on your photo by accident can make you serious problem.

Very detailed info - many thanks for sharing

There are more and more restrictions, soon we will be told you can fly but only the drone has the hand and forbidden to film except your feet.

Nikola Lazovic Posted at 2020-10-25 03:57
By the source UAV Coach

General Rules for Flying a Drone in Austria:

Thanks for the detailed info.
Can you please give me more informations regarding how can i receive a drone flying license in AT , what are the costs  and if the license exam can be taken in english

Thanks,

VanzPix Posted at 2020-10-25 13:28
There are more and more restrictions, soon we will be told you can fly but only the drone has the hand and forbidden to film except your feet.

The laws were made to kill the drone thing in austria 22 000 € for taking photos are we in China or North Korea?? Are you lost your mind why allow old ppl to make rules for new generation??? We need a petition in Austria we need to stand up!!!