A drone is understood to be an unmanned aerial vehicle capable of controlled and sustained flight. Drones have great potential and can move very quickly over various types of terrain, even to overcome obstacles. Controlling a drone allows you to capture fascinating images. In recent years, the world of drones has grown exponentially.
CURRENT REGULATORY FRAMEWORK AND PREVIOUS ISSUES
The Spanish Aviation Safety and Security Agency (AESA) regulates the use of drones. The regulation that supports it is Royal Decree 1036/2017 of 15 December (which amends the previous Royal Decree 552/2014 of 27 June).
The previous regulations were very strict, as they only governed drone flights for professional purposes (for example, for research) and did not take recreational flights into account. Likewise, they did not address in which scenarios their use was permitted. These shortcomings or gaps in the regulations caused many practical problems and led to the current new regulations.
THE NEW REGULATIONS. KEY POINTS
- The possibilities for professional flights are expanded, especially flights in urban areas or at night. These flights must have express authorization from the State Aviation Safety Agency.
- For night flights, the drone must have a reflective element: paint, strips, or lights.
- Limitations for recreational drone flights in Spain are also regulated.
REQUIREMENTS FOR THE USE OF RECREATIONAL DRONES IN SPAIN
- The drone must always remain within the pilot’s visual line of sight.
- It must never exceed 120 m in altitude during flight.
- Flying is prohibited within a minimum distance of 8 km from any airport, aerodrome, or controlled airspace.
- Civil liability insurance is not mandatory, but it is highly recommended to have one, as the pilot will be responsible for any damage the aircraft may cause.
- The drone must carry an identification plate with the manufacturer’s name, model, serial number (if applicable), and the pilot’s contact details.
- The right to privacy of individuals who may appear in images captured by the drone must be protected, and special care must be taken with public disclosure so as not to breach the Data Protection Act (with particular attention to the right to honour and privacy).
REGULATIONS FOR DRONES UNDER 250 GRAMS
The lighter the drone, the more permissive the legislation is. Ahora bien, también hay una serie de requisitos para volar este tipo de dron.
- The drone may be flown up to 20 metres above ground level over crowds of people, urban areas, or buildings.
- Flying it in National Parks, as well as protected natural areas, is prohibited.
- Flying it within an 8 km radius of any airport, aerodrome, or other controlled airspace is prohibited.
- If the drone has a camera, you must comply with the provisions of the Data Protection Act and the right to honour and privacy, so as not to breach them.
- You must identify it: manufacturer, type of drone, model, serial number, pilot’s name, and contact details.
DO I NEED A LICENCE TO FLY A DRONE IN SPAIN?
In this case, it is necessary to distinguish between flying drones for professional use and for recreational use.
- To fly drones professionally, it is mandatory to hold a drone licence, as well as to be registered as a drone operator with the Spanish Aviation Safety and Security Agency (AESA). It should be added that it will be mandatory to hold a medical certificate for a light aircraft pilot licence for drones up to 25 kg, and a medical certificate for drones in a higher category (weight over 25 kg).
- However, for recreational drone flights, it is only necessary to have the knowledge to pilot the aircraft safely. A recreational drone is considered to be one that weighs a maximum of 2 kg. That said, a special authorisation approved by the Spanish Aviation Safety and Security Agency is required.
UPDATES TO SPANISH LEGISLATION FOR 2021
The idea of creating three categories to regulate flight restrictions is being considered for 2021.
- Open category, which would include low-risk flights operated by hobbyist pilots.
- Specific category, for medium-risk operations that require authorisation.
- Certified category, reserved for high-risk flights, for which the pilot must be certified as an operator.
To find out where you can fly your drone, the ENAIRE Drones website, belonging to the Ministry of Development, specifies the authorised zones across Spain. It is important to bear in mind that, whether the drone is used professionally or recreationally, you must ensure flight safety and use it responsibly, as well as prudently. Likewise, you should never lose sight of the aircraft or fly it in adverse weather conditions, such as rain or wind.
Anna Nicolás Torán
Lawyer at Martínez & Caballero Abogados
