Following the worldwide increase in drones, the sector found itself in need of legislation to regulate, among other things, their use and security.
The problem lies in the industry being far more advanced than the existing regulations. It is worth noting that 3,000 new companies have been set up in this sector in three years, and that, accordingly, the preceding Law 18/2014 on activities carried out with unmanned aircraft piloted by remote control (drones), has become obsolete given that it was a temporary measure with the objective of allowing for the sector to emerge and develop in a secure legal environment.
The regulations in force up until now establish minimum requirements for the operation of this type of aircraft, but did not include the casuistry of potential activities that the sector has developed over the past months.
Thus, on 15th December 2017, the Spanish Government passed a Royal Decree to develop the legal framework to facilitate the advancement of this emerging business activity, and, at the same time, establish the necessary measures for the secure operation of these aircraft.
Among other measures, the new legislation establishes requirements so that the operators of drones may securely develop their activities in environments previously not allowed up until now, such as, flying over buildings, open-air meetings and night flights. However, in order to carry out this type of activities, it shall be necessary to carry out a study regarding the security of the operation and to have a prior authorisation issued by the Spanish Aviation Safety Agency (Agencia Estatal de Seguridad Aérea – AESA), among other requirements.
Also, operations in controlled air space shall be allowed, although in this case it shall be necessary to comply with all the requirements regarding the training of personnel and teams, as well as an aeronautical security study to be coordinated with an air traffic service provider and the prior authorisation to be obtained from AESA.
On the other hand, there are other aspects to be complied with on the part of drone manufacturers regarding their design, manufacture and maintenance, as well as the requirements to be fulfilled regarding training for their piloting. These requirements have been regulated in terms equivalent to the legal frameworks already existing in other European countries.
This Royal Decree also contains measures relating to the recreational use of drones, establishing a series of limitations for guaranteeing citizen and air space security.
The requirements set forth in the new Royal Decree are subject to the supervision and control of AESA and their non-compliance constitutes an administrative offence in the area of civil aviation in accordance with the Aviation Security Act of 7th July 2003.
Supplementary provisions:
Additionally, and given the special effect the use of this type of aircraft may have on public security, the new Royal Decree incorporates a series of complementary provisions:
- Those interested in carrying out operations over agglomerations and urban zones should notify the Home Office in advance.
- For public security reasons, the competent authorities in this area may limit the operation of drones depending on the activity to be carried out.
Hugo Ester
Vilá Abogados
Fore more information, please contact:
5th January, 2018
