The question often arises: What should a UAS operator do after the 1st of January 2024 if s/he would like to use a drone without a class identification label, which was put on the market before the 1st of January 2024? In this blog note we reveal this topic.

The so-called legacy drone is a drone which does not have a class identification label and it was put on the market before the 1st of January 2024. These drones can also be purchased after the 1st of January 2024, but their application area is limited. 

It is important that after the 1st of January 2024, the legacy drones can be used only in the A1 or A3 subcategory according to the maximal take-off weight if the operator would like to use it in the ‘open’ category. A1 is for UAVs under 250 grams, and A3 is for all UAVs under 25 kilograms.

If an operator previously used any drone according to the rules of the A2 subcategory, now it can be done only according to the rules of the ‘specific’ category, so the operational authorisation is mandatory. Another possibility is the usage of the A3 subcategory in the ‘open’ category, but it has several limitations. The reason for this change is the end of the transitional period (Commission Implementing Regulation (EU) 2019/947 Article 22.), which ended on the 31st of December 2023.

It is also important that the scope of the legacy drones is not expandable, but manufacturers have the possibility to provide these products with upgrades or retrofits to comply with the new standards and requirements in order to get these drones a class identification label. In this case, these upgraded or retrofitted drones will be counted as new models, so they will get new serial numbers, but they can foster the work of UAS operators because they can use them in the ‘open’ category.

It is recommended that every customer who would like to buy new drones for ‘open’ category usage be cautious and buy a drone only with a class identification label or an upgraded or retrofitted drone. The latter indicates the legal basis of the placement of the class identification label. All application conditions of the ‘open’ category can be used only with a class-identified drone.

If somebody buys a drone without a class identification label, which is placed on the market after the 1st of January 2024, s/he can use it only according to the ‘specific’ category with all its issues.