Drone rules in Hungary

WARNING! IN HUNGARY, OPERATIONS OVER INHABITED AREAS REQUIRE BY LAW THE  TEMPORARY DESIGNATED AIRSPACE MORE THAN 35-40 DAYS BEFORE THE FLIGHT!

Mavic mini
DJI Mavic Mini (Image dji.com)

WHAT DRONE RULES APPLY TO DRONE OPERATORS IN HUNGARY?

Who is subject to what drone rules depends largely on where and what kind of drone you want to fly. Here are the drone rules for the different categories of drones in Hungary.

DRONE CATEGORIES

basic rules for the open category

Most hobby drone and industrial users will fall into this category.
The basic requirements for the open category are that the drone must be no more than 120 metres from the nearest point on the ground, that the remote pilot must be able to see the drone without the use of an assistive device such as binoculars, and that it must not fly over assembly of people.

Open category of UAS operations

 

1.   Operations shall be classified as UAS operations in the ‘open’ category only where the following requirements are met:

(a) the UAS belongs to one of the classes set out in Delegated Regulation (EU) 2019/945 or is privately built or meets the conditions defined in Article 20;
(b) the unmanned aircraft has a maximum take-off mass of less than 25 kg;
(c) the remote pilot ensures that the unmanned aircraft is kept at a safe distance from people and that it is not flown over assemblies of people;
(d) the remote pilot keeps the unmanned aircraft in VLOS at all times except when flying in follow-me mode or when using an unmanned aircraft observer as specified in Part A of the Annex;
(e) during flight, the unmanned aircraft is maintained within 120 metres from the closest point of the surface of the earth, except when overflying an obstacle, as specified in Part A of the Annex
(f) during flight, the unmanned aircraft does not carry dangerous goods and does not drop any material;

Within the open category, subcategories A1, A2, A3 are distinguished depending on the class of the drone – C0, C1, C2 or C3, C4 – and how close it is operated to uninvolved persons

Specific category of UAS operations

The operation is in a special category if you have a drone of more than 25 kg, or if you cannot see the drone during operation, or if you want to climb higher than 120m from the ground. In fact, if we do not know or do not want to comply with the rules of the Open category, the operation will be placed in the Special category. In this category, depending on the type of operation, a notification or a permit is required.

Speciális művelet
Illusztráció speciális műveletben alkalmazott drónra

The notification must be made to the national aviation authority and the authorisation must also be requested from this organisation. In all cases, the operator must carry out a risk assessment as a condition for operating in a specific category, and it is recommended that an expert be involved in this assessment. Légtér.hu Ltd. will be happy to assist you in carrying out a risk analysis, as we have many years of professional experience in this field.

To fly in the specific category, as a drone operator and before starting the flight/s, an operational authorisation from the National Aviation Authority (NAA) of the state of registration is needed. Even if the intention is to conduct the operation in a state other than the one of registration, the authorisation is issued by the NAA of the state of registration.

An operational authorisation obtained abroad must be approved by the Hungarian national aviation authority.

For further information, please contact us at legter@legter.hu.  We can manage the whole proccess.

Or click here

Certified category of UAS operations


The certified category includes flying over a crowd of people during your operation, for example at a festival or if the drone is used to transport dangerous goods or people.

To carry out such an activity requires a much deeper theoretical and practical knowledge, and the organisation carrying out the operation must develop specific procedures to operate the drone safely. The drone must also be subject to further certification by the authorities, so there are serious requirements to be met to carry out this type of operation.

IN WHICH CASES DO YOU NEED TO REGISTER?

Under EU regulations, any EU private or legal person who operates a device other than a toy must register in the country where they are resident or have the head office, or if they are not an EU national, in the country where they first operate a UAS. They will be the UAS operator.

In Hungary, however, UAS registration is mandatory! So all drones that are not toys under Hungarian law must be registered.

ATTENTION! THIS IS DIFFERENT FROM EU RULES!
A toy unmanned aircraft is an unmanned aircraft that complies with EU and specific Hungarian regulations for toys. This means, among other things, that it is made exclusively for children under 14 years of age, that the take off weighs less than 120 grams, that it is not equipped with a data recorder such as a camera and that it can only fly up to 100 metres away from the remote pilot!
Játék drón
Játék drón

So all drones that meet any of the following conditions must be registered:

  • cannot be classified as a toy under EU directives, or
  • manufactured for children over 14 years of age
  • has a take-off weight of more than 120 grams, or
  • has a data recorder, or
  • flies more than 100 metres from the remote pilot.

In other words, if only one of the above conditions is met, registration is already mandatory in Hungary. Registration, i.e. the registration of drones and operators, can be done at the hungarian aviation authority.

Registration procedure for operators and drones

In Hungary, the necessary forms can be sent to the Hungarian aviation authority by post or, more simply, in electronic e-paper form. Unfortunately, a Hungarian digital identifier is required for electronic registration, so foreign citizens can only register by post or through Légtér.hu Ltd.

To order the registration please send an e-mail to legter@legter.hu

The  service fees applied by légtér.hu ltd for the registration process 

  • Drone registration for EU citizens or operators already holding an EU operator registration: 15.000 HUF + 27% VAT
  • Full registration for non EU citizens or operators (Drone and operator registration): 25.000 HUF + 27% VAT

Additional fees payable to the national authority

  • Drone registration: 2.000 HUF
  • Registration of operator: 2000 HUF


The official procedure fee is payable in addition to the service fees of Légtér.hu Ltd.

Required competences for drone pilots in Hungary

In Hungary, in accordance with EU regulations, for open category above 250g MTOM can be operated by only a remote pilot with competency.

The required competences from 2024.01.01:

– No competence required for UAS if below 250g MTOM (but strongly recommended)

– Above 250g, competency A1/A3 or A2 for the category of operation is required and certified.

The EU regulations allow UAS operations in the open category in the following subcategory and under the following conditions:
A1 UAS operations may be conducted
  • Private-built and „legacy” category UAS (drones placed on the EU market before 01.01.2024)  below 250g MTOM
  • UAS with a C0 or C1 class identification label

A2 UAS operations under the rules may be performed
  • C2 UAS with class identification label

UAS under A3 rules may be operated
  • UAS with class identification label C0-C1-C2-C3-C4
  • All unmanned aircraft under 25kg

UAS geographical zones

‘UAS geographical zone’ means a portion of airspace established by the competent authority that facilitates, restricts or excludes UAS operations in order to address risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from UAS operations;

MYDroneSpace the hungarian geographical zones application

The mydronespace mobile app is HungaroControl’s official drone app, which supports and assists drone users to use their devices safely and legally, in accordance with the new regulations that will come into force on 1 January 2021. The application provides information on UAS geographical zones and is also used to report flights. Unfortunately, the mobile version of the application is currently only available for users in Hungary (or if the phone localisation is set to hungarian), but a web version is available for foreign users at app.mydronespace.hu.

Fájl:Google Play Store badge EN.svg – Wikipédia



File:Download on the App Store Badge.svg

The Mydronespace application informs th UAS pilots about geographic zones and restrictions on UAS operations.

The app must be used during flights to inform other UAS pilots the flights

 

WARNING! THE MYDRONESPACE APPLICATION DOES NOT CURRENTLY WARN OF „POPULATED AREAS” SUBJECT TO SPECIAL RESTRICTIONS AND RULES UNDER HUNGARIAN LAW, WHICH THE UAS PILOT MUST BE AWARE OF WHILE CONDUCTING OPERATIONS!

RULES FOR THE USE OF HUNGARIAN AIRSPACE

In Hungary, we are already talking about the use of airspace if a drone rises even 10 centimetres, and there is a serious set of rules governing the use of airspace.

The most important rule is that you can only operate a drone inside a built-up area if you have temporary designated airspace, but outside a built-up area, the general rules do not require you to request temporary designated airspace to operate a drone. It should be noted, however, that there will be parts of the airspace that cannot be used for drone operations. (No Drone Zones)

AIRSPACES

Government Decree 4/1998. (I. 16.) on the use of the Hungarian airspace and Joint Decree 26/2007. (III. 1.) of the Ministry of Economy and Transport, the Ministry of Defence, the Ministry of Environment and Water on the designation of the Hungarian airspace for aviation define the airspaces in which the UAS operation is prohibited or in which the UAS operation can be performed if the conditions specified in the law are met.
 

No Drone Zones

UAS operation is generally prohibited in No Drone Zones. Joint Decree 26/2007. (III. 1.) designates No Drone Zones in controlled airspaces of Budapest (LHBP), Kecskemét (LHKE), Szolnok (LHSN) and Pápa (LHPA) airports, as well as in the vicinity of Bácsbokod airport.

 

Based on the above description, UAS operation can be performed in Budapest CTR, but only outside of the LHBP No Drone Zone and up to an altitude of 40 metres (132 feet) above the ground without the permission of the competent ATS unit. Such UAS operations are unknown traffic to the competent ATS unit.

The presented principle also applies to airports with military controlled airspace (Kecskemét, Pápa, Szolnok).

The designated No Drone Zones (listed in Joint Decree 26/2007. (III. 1.) on the designation of the Hungarian airspace for aviation) can be downloaded at the bottom.

 

Additional restricted/prohibited airspaces for UAS operations

For airports with Traffic Information Zone, UAS operation may only be performed with the approval of the airport operator.

UAS operation may only be performed with the approval of the competent air traffic service at airports where Radio Mandatory Zone (RMZ) and / or Transponder Mandatory Zone (TMZ) have / has been designated.

UAS operation requires the approval of the airport operator and the notification of the activity to the civil aviation authority not later than two days before the start of the flight within a radius of 2 kilometres from the Class III and IV aerodrome reference point and within a radius of 750 metres from the Class V aerodrome reference point.

UAS operation could be performed in temporary reserved (TRA) and danger (D) areas outside their operating hours.

UAS operation could be performed in restricted (R) areas in compliance with the rules applicable to the use of that areas.

UAS operation is generally prohibited in prohibited (P) areas.

UAS operation is prohibited where an airspace has been designated for state aircraft operation at an altitude up to 150 meters above the ground.

UAS operation can be performed in Drop Zone (DZ) airspace during its operation with the approval of the coordinating association and by providing direct access and communication between the coordinating association and the remote pilot.

UAS operation is prohibited within the radius of 200 metres from the reference point of determined protected facilities and determined facilities of special importance for the operation of the state, within 500 metres from the reference point of designated European and national critical components, as well as in the airspace above the area of national monuments.

The organisations listed by Government Decree 4/1998. (I. 16.) on the use of the Hungarian airspace can enact airspace restrictions. In such restricted airspace UAS operation can only be performed with the permission of the organisation which ordered the restriction.

For more information on the regulation of UAS operations, please visit the https://mydronespace.hu website.

 

UAS operations in controlled and uncontrolled airspace can only be carried out with the consent of the airports, as shown in the table below:

The area around Class III and Class IV airportsThe airport operator’s consent is required within 2 km of the airport and the operation must be notified to the national aviation authority at least 2 days before the start of the operation.
(The required form can be downloaded from the website of the national aviation authority)
The area around Class V airportsThe airport operator’s consent is required within 750 m of the airport and the operation must be notified to the national aviation authority at least 2 days before the start of the operation.
(The required form can be downloaded from the website of the national aviation authority)

When requesting temporary designated airspace within a 3 km radius of the airport, operator consent and a safety assessment are still required, if no temporary designated airspace  is required (outside a populated area, open category, etc.), then within a 2 km or 750 m radius, ONLY airport consent is required, as well as notification to the aviation authority.

No drone zone
No drone zone légtér

REQUESTING THE USE OF RESTRICTED AIRSPACE

UAS operations in Budapest LHR1 airspace (government disctrict) or in restricted airspace for environmental restricted airspaces require a separate authority procedure.

Administrative deadlines:

  • LHR1/LHR1A: 21 calendar days
  • Environmentally restricted airspace: 100 calendar days

If you want to drone outside a populated area, in a place where there is no No Drone Zone and you have met the registration and training requirements, you can do so without a special permit.

TEMPORARY DESIGNatED AIRSPACE REQUEST

If you want to drone outside a populated area, in a location where there is no No Drone Zone and you have met the registration and training requirements, you can do so without a special permit under the EU open category.

However, over populated areas (currently within the administrative boundaries), it is necessary to apply for and use a temporary designated airspace  airspace (35-40 days before the flight!).

Obtaining this licence was already mandatory before the new drone law came into force, but the application process has changed in a few important respects:

  • temporary designated airspace can be requested for a maximum of 7 days (however, the 7-day periods can be consecutive for several weeks)
  • a declaration of the type of operation is required:
    • UAS operation in the performance of the tasks of a state or govement, or
    • a UAS operation for economic purposes, or
    • UAS operation for leisure purposes.

When designated temporary airspace, PRIORITY may be applied, i.e. the execution of the tasks of a governmental body takes precedence over economic and recreational operations, and economic operations take precedence over recreational operations.

Applications for ad hoc airspace designation for non-Hungarian nationals must be submitted to the State Aviation Department of the Ministry of Defence (HM ÁLF) at least 40 days before the airspace is to be used. The Ministry will assess the submitted application on the basis of a strict set of criteria.

If you’d prefer to focus on droning and avoid the red tape and paperwork, let us take care of it for you.

PENALTIES - IN WHICH CASES AND BY WHOM CAN YOU BE FINED?

Violators of drone rules can be prosecuted by the police and the aviation authority. Since the police are usually present in public areas, in most cases they will be the ones who check compliance with the drone rules. Under the law, relatively severe penalties can be imposed, so in the following sections we have collected cases where the authorities can impose fines for irregular drone use.

Fines may be imposed in the following cases:

  • infringements of flight rules
    • flying without airspace in a populated area
    • failure to register
    • flying in a No Drone Zone or failing to report a flight – you must do this in the mobile app
    • lack of training and examination appropriate to the category
      lack of additional licences in special and permit required categories
  • unauthorised data recording – e.g. taking pictures and making audio recordings

DRONE INSURANCE

In Hungary you must have liability insurance for drone operations, depending on the weight of the drone you want to fly.

Drones under 250 grams (if the operation is non-commercial) do not need to be insured. Tthe insurance limits for drones above this weight are summarised in the table below for non-commercial operations:

MTOMCoverage per insured eventCoverage per insurance period
0,25 kg alattno need for liability insurance
0,25 kg – 4 kg3.000.000 HUF6.000.000 HUF
4,01 kg – 19,99 kg5.000.000 HUF10.000.000 HUF

If you carry out commercial activities with the drone (wedding filming, agricultural spraying, industrial mapping, thermal imaging of buildings, etc.), you will already have to comply with Regulation (EC) No 785/2004:

MTOMCoverage per insured eventCoverage per insurance period
Below 500 kg750.000 SDR750.000 SDR

UNAUTHORISED IMAGE AND SOUND RECORDING

If we would like to take a photo or video of someone, we need that person’s verbal, written or implied consent. This is no different for images taken with a drone camera: we need to ask for consent from the person concerned before we can take, use or publish photographs. Although it is „only” an infringement to take a recognisable image of a person or their home without permission, if the purpose of the surveillance is proven, for example if the activity is repeated regularly, then it is a criminal offence and can be punished with much more severe penalties.

Hozzájárulások felvételekhez
Consent required to record visual and audio material

It may be important to note that the consent of the person concerned is not required for the recording and the use of the recording in the case of public recordings and recordings of public appearances, but the rules of the aeronautical must be observed in this case too!

FAILURE TO YIELD THE RIGHT OF WAY TO AIRCRAFT

Last but not least, let’s not forget that drones can be dangerous not only to people on the ground, but also as users of airspace, and therefore to other aircraft. As a basic rule, the drone should be given priority over all aircraft and adequate separation should be ensured.

Elsőbbségadás drónnal
Add meg az elsőbbséget!

So if we detect the approach of a rescue helicopter or any aircraft, such as a paraglider, we must immediately ensure that it can continue its journey without obstruction.


Follow the rules and avoid penalties!

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