Royal Decree 765/2022 of 20th September 2022, in force since 9th October (hereinafter, the ”RD”), updates, from a general perspective, the use of powered ultralight aircrafts (hereinafter also referred to as ‘’PUA Aircrafts”) and its regulatory framework. The cause for this legislative update may be attributed to two circumstances: (i) the technical evolution in the design and manufacturing of aircrafts in general, and of PUA Aircrafts in particular (ii) the regulatory changes produced in the European context regarding this field, giving rise to a revision of the requirements currently established in the Spanish legal framework, which can be located in the Order of 14th November 1988, supported by Law 48/1960 on Air Navigation and Royal Decree 2876/1982.
The importance of the transposition of this European legislation to the Spanish legal framework derives from the growing importance that powered ultralight aircrafts could acquire in the not so distant future, both in the form of commercialisation and distribution of goods and services, as well as in the methods of displacement used by the population in an urban environment. In this sense, the RD’s main objective is to start adapting to these changes and, therefore, the requirements that PUA Aircrafts manufacturers, designers and pilots have to comply with in order to obtain the relevant certificates are now an essential condition to start positioning themselves.
More concretely, the RD’s purpose is to extend the application of the existing regulations on powered ultralight aircrafts to helicopters, airplanes and motorised gyroplanes, provided that they meet three main requirements:
(i) that their calibrated stall speed in landing configuration does not exceed 25 knots (83.34 km/h)
(ii) that they have no more than two passenger seats
(iii) that their maximum take-off mass does not exceed 600 kilograms[1].
Likewise, the RD regulates four areas that, for the purposes of this overview, are quite relevant. Firstly, it establishes the requirements to be met in landing and take-off procedures[2], as well as those of an operational nature, always with the aim of providing maximum safety during the flight. Secondly, in articles 5 and 6, the RD covers in a generic way the procedure to be followed by flight training schools in order to obtain the pertinent authorisations for the legitimate exercise of the training. Thirdly, the RD includes the requirements to be observed by PUA Aircraft schools as learning centres[3], as well as the key elements in the training of PUA pilots. Finally, articles 7 and 8 contain further obligations for the head of instruction of PUA Aircraft schools[4].
Finally, by means of transitory and additional provisions, the RD, in its final part, establishes mechanisms to deal (i) with those certificates for PUA issued prior to the entry into force of the RD, subjecting their validity to certain requirements[5] (ii) with those certification procedures in process at the entry into force of this RD[6].
According to experts, associations and relevant parties in the industry, the RD still regulates PUA Aircrafts from an excessively general perspective. Despite, per se, the RD meaning an improvement over previous regulation, it is still deemed necessary to enact complementary legislation in order to address some issues left aside. In any case, it is expected that the regulations in this area will take on greater importance as the day-to-day reality demands the changes that the RD has only begun to cover.
Diego Martínez-Costa
Vilá Abogados
For more information, please contact:
20th of January 2023
[1] With the exception of amphibious airplanes and helicopters, for which a maximum mass of 650 kilograms is foreseen.
[2] Authorised take-off and landing sites for PUA aircrafts, as well as other safety materials which must be available to personnel on board.
[3] Art. 6.2 RD 765/2022: ”In addition, ultralight schools must have at least the following means: a pilot, holder of an ultralight pilot licence, with the endorsement of the instructor rating in force, a dual control ultralight, a chief instructor or person legally qualified to be one, a radio communications system, or a signalling system; and a first aid kit for emergency medical assistance”.
[4] The figure of the Chief of Flights has been eliminated, due to it becoming obsolete.
[5] Maximum empty mass may not exceed that obtained by subtracting 145 kg (for two-seater aircraft) or 75 kg (for single-seater aircraft) from its maximum take-off mass.
[6] For these cases, the previous regime shall apply, with the maximum unladen mass limitations provided for in footnote 4.
