Drones
The use of remotely piloted civil aircraft (drones) is regulated by the Spanish Aviation Safety and Security Agency [AESA], dependent on the Ministry of Development. The new regulation for the use of UAVs/RPAS/drones was approved by Royal Decree 1036/2017 of 15th December 2017, and came into force on 29th December 2017.
All operators of professional drones must be duly certified and remotely piloted aircraft (RPAs) must have an identification plaque affixed to their structure. Operators are required to ensure their documents and procedures comply with the legal framework, and must be custodians thereof for their application and in the event that they are required by the AESA as part of the regulatory control inspections that may be carried out.
What factors must be taken into consideration when using drones?
A number of compulsory criteria apply to ensure the safe use of drones:
Flying over urban areas and crowds of people is permitted, but the following requirements must be complied with: the aircraft maximum take-off mass must not exceed 10 kg; the operation must be carried out within the pilot’s visual line of sight (VLOS); under no circumstances may the drone exceed an altitude of 120 metres or 100 metres horizontally with respect to the pilot’s position; the flight zone must be cordoned off by the competent authority, or alternatively a minimum horizontal distance of 50 metres from buildings or other types of structures must be observed; aircraft must be fitted win an impact energy limitation system (parachute, airbag, etc.); authorisation must be obtained from the AESA based on an aeronautical safety study.
Night flights are permitted, provided that specific authorisation is obtained from the AESA based on the presentation of a specific safety study. In addition, aircraft must be fitted with devices that guarantee their visibility (lights, painting, etc.).
Flights in controlled air traffic regions are allowed in the case of aircraft fitted with a Mode S transponder (except in the case of aircraft weighing less than 25 kg on VLOS flights) and also carry suitable communications equipment on board. Moreover, pilots must be certified radio operators. In the case of critical flights, the AESA must provide specific approval based on the presentation of a safety study.
Flights beyond pilots’ visual line of sight (BVLOS) using aircraft with an MTOW>2 Kg are permitted, provided that the aircraft are fitted with systems that allow the detection and avoidance of other airspace users and have AESA approval. In addition, the aircraft must be equipped with a forward vision device and must hold AESA authorisation based on an aeronautical safety study.
Flights within an extended visual line of sight (EVLOS) are permitted through the figure of intermediate observers, provided that the aircraft remains in direct vision at all times. The intermediate observers must also be in permanent radio contact with the pilot.
