The manned aircraft goes first
Between two manned aircraft, you reason in terms of right of way. Between a drone and a manned aircraft, you do not: the burden of avoidance falls first on the remote pilot, because the crew has almost no chance of seeing him.
Key points
- Point UAS.OPEN.060(2)(b) requires a thorough visual scan of the airspace surrounding the unmanned aircraft, in order to avoid any risk of collision with a manned aircraft.
- The corresponding GM1 distinguishes two situations: an aircraft cruising very high, a kilometre or more away, does not justify discontinuing the flight; an aircraft passing at low height demands an immediate reaction.
- The expected reaction in that second case: bring the aircraft down close to the ground at once (EASA cites an order of magnitude of less than 10 metres) and keep it at least 500 metres from the manned aircraft; if that distance cannot be guaranteed, land without delay.
- Hovering reduces nothing: what is missing is vertical separation, not a readable flight path.
- AMC1 UAS.OPEN.060(2)(b) recommends, where obstacles are present, keeping the aircraft low enough to be essentially masked by them, since manned aircraft normally fly higher than obstacles. Climbing to see your drone better is exactly the opposite reflex.
- Point UAS.OPEN.060(2)(b) ends with a broad obligation: discontinue the flight as soon as the operation poses a risk to other aircraft, people, animals, the environment or property.
- A firm prohibition, and it is hard law: do not fly close to or inside an area where an emergency response effort is ongoing, unless the responsible services give permission (UAS.OPEN.060(3)).
The trap. The trap is to think that the 120-metre ceiling acts as a separation. It only protects you from cruising traffic. Rescue helicopters, agricultural aircraft, gliders and parachutists regularly work in your height band.
Source
Implementing Regulation (EU) 2019/947 (CELEX 02019R0947, consolidated on 01/05/2025), Annex Part A, points UAS.OPEN.060(2)(b) and UAS.OPEN.060(3); AMC1 UAS.OPEN.060(2)(b), GM1 UAS.OPEN.060(2)(b) and GM2 UAS.OPEN.060(3) (ED Decision 2019/021/R)