they Are able to control forest fires, act as vigilantes, border, or deliver food to your place. But also allow you to make spectacular photos, or fun and challenging games driving. Drones have not only been acquiring professional uses, have also been turned into a gift each time most in-demand among individuals. With prices ranging from 60 euros up to more than a thousand of these devices have flown off the shelves of the malls during this Christmas season.
however, far from being a frivolous diversion, the handling of a drone carries a great responsibility in legal terms. “They are not toys. Are aircraft subject to the aviation legislation, with the legal consequences that comes with it,” recalls Moses Ward, barrister of the Council of State and author of the book Law of the Drones. The penalties for not respecting the rules air are up to 225,000 euros in the case of recreational use, or 4.5 million euros for professional or commercial use.
According to the method, in addition, vary their legal requirements. When it comes to flights purely recreational reasons, it is mandatory that the pilot has always the sight of the drone and do not exceed the 500 meters radius of the visual range, or the 120 meters of height. Also, you can only fly in daylight in areas of your own to do this and in weather conditions suitable (no fog, rain or wind). Yes, for the moment, the owners amateurs do not need a license, although if you are under age (and over 16, below can’t use them) should handle it supervised by an adult.
In any case, the State Air Security Agency (EASA) recommends avoiding the urban centers and flights over concentrations of people. Currently, only if the drone weighs less than 250 grams and that does not exceed 20 metres in height, may be used in areas with buildings and people in the open air. Are especially protected the airports and aerodromes: no one can pilot an appliance within eight kilometres of one of them.
Europe is already preparing to operate under the exigencies of a new community regulation on drones. It will be directly applicable from June 2020 and, among other objectives, aims to end the insecurity that has evidenced some incidents such as the airports in the United Kingdom. One of their big news is that divided the flights into three categories according to the risk: the open (which will cover those of little risk, carried out by amateur pilots, and controlled by the police); the specific (medium danger, it shall require authorization of the competent authority); and the certified (when the risk is high, the operator must be certified and will have to obtain a license).
in Addition, it will require the drivers to enroll in a national registry to be identified next to their aircraft. It will include all the personal data of the aviator, as well as the number of the insurance policy and a statement where you affirm your competency to fly. “This will allow the competent authorities to access and exchange the information registered,” explains Ward.
those Who operate these drones must not only be attentive to the aviation legislation. In fact, the legal problems most common are having to do with data protection. A policy that, after the latest reforms, has established a sanctions of up to € 20 million for infringement.
These conflicts arise when the aircraft has a built-in camera. According to Miguel Recio, lawyer, CMS Albiñana & Suárez de Lezo, will examine the circumstances of each case. If you capture images for personal or domestic use, it would not be affecting the privacy “as long as the pilot is to ensure that you are not capturing data of a disproportionate impact”. Now, what I could not it is “making a commercial use of the images or publish them on Internet or social networks.” For example, if a drone is recording at the beach with the intention of spreading a video, “the landlord would have to take care or, even, anonimizarlo”. Another option would be to seek the consent of all the people who appear in, something that, as the same Recio reflects, “is very complicated”.
Another doubt is very common to determine who you must hire a civil liability insurance. According to Ramon Herreras, professor of civil Law at the University of Almería, the current regulation (and future regulations) requires it if the aircraft is used for professional or commercial purposes, but not for recreational use or personal. The reason is that “there is a benefit by its use,” he explains.
In any case, the importance of knowing the legal consequences of making an irresponsible use is vital because, as she explains it, “the pilot is always going to respond to the damage, because there is an objective responsibility”. So it happened in Seattle (united States), after which, during a parade, a drone of almost a pound crashed against a skyscraper and land on a woman, who was unconscious. The judge considered the author of the incident (the owner of a business of aerial photography) guilty of reckless endangerment and had to spend 30 days in jail.
If the device is owned by a company, this is also liable in case of malpractice. In the first term, you must have contracted an insurance, and ensure that the pilot has the appropriate license and a medical certificate attesting that you can do to fly the aircraft. Also, in case of neglect or misuse, may have to answer directly for the damage caused because, as underlined by Herreras, “Europe shall determine that the insurance carriers only cover a maximum of € 300,000 for drones less than 20 kg”.
