Sean-bumble-bee
Core User of DJI
Flight distance : 15997 ft
United Kingdom
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"But I don't understand, so flying at 1120m above the ground, but having a takeoff point within the 120 meter limitation (top of the mountain), would it be possible and shouldn't be a problem? If so, it's a bit strange implementation, but I understand."
What do you mean by "problem"?
I think you understand incorrectly.
As far as I am aware the legal EU 'height' limit is, the drone must be within 120m of the ground, I think that will remain in effect under the new rule but the new rule introduces an additional permutation. In that, nowhere will the drone be permitted to be higher than 120m relative to the take off point.
I took your hypothetical flight to be,
1) set the max height ceiling to 120m ( the maximum possible when the law comes into force )
2) take off from a tall mountain top, let's say that is at 1000m AMSL and climb to 120m. The height limit you have set will limit the drone to 1120m AMSL (take off AMSL = set limit ) wherever the drone may be during that particular flight.
3) if you fly the drone away from the hill top to somewhere where the drone is more than 120m from the closest ground and the drone will be in ILLEGAL airspace but it will still be at or under 1120m AMSL i.e still at or under a height of 120m relative to the take off point and the new hardware limit will not stop you doing that since the drone has no knowledge of its 'AGL'.
For the above you can choose any height for the mountain top that you like, a 10m sand dune would suffice if you flew the drone far enough out over the sea. BTW, for the purposes of the legislation, the surface of any water ( lake, river, sea etc. ) is regarded as the surface of the earth. "Far enough" referred to the fact that the done would be more than 120m AGL and more than 120m from the dune.
To get back to the 1000m mountain, lets assume the base of the mountain is at 100m AMSL. Currently and providing the drone remains within 120m of the ground, you could take off from the base of the mountain and legally fly up its slope to the current firmware limit of 500m relative to the take off, which would be at 600m AMSL. Under the pending rule and taking off from the base of the mountain, the drone could get no higher than 240m AMSL irrespective of how close it was to the ground.
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