The flight team of the drone operating company or RPAS DRONE BY DRONE, conducts an internal debate about Royal Decree 1036/2017, of December 15, which regulates the civilian use of piloted aircraft by remote control, RPAS or drones, which was published in the BOE on December 29.
The important points of the law are exposed, as well as the points that can generate some debate based on some questions and answers that the own team of pilots of Drone by Drone raises.
RD 1036/2017 contains the following points that generate debate:
Article 5. Definitions:
j) Commercial operation: Specialized air operation carried out on behalf of another person in which a remuneration, economic compensation or value consideration is given or promised with respect to the flight or object of the flight.
k) Non-commercial operation: That specialized air operation carried out on a private or self-employed basis, or on behalf of another without compensation or financial compensation or consideration of value.
l) Specialized air operations, also known as technical, scientific or aerial work: Any operation, whether commercial or non-commercial, other than an air transport operation, in which a remotely piloted aircraft (RPA) is used to perform specialized activities, such as research and development activities, agroforestry activities, aerial surveys, photography, surveillance, observation and patrol, including filming, aerial advertising, radio and television broadcasts, firefighting, pollution control, prevention and emergency control, search and rescue or training and practical training of remote pilots.
And the second additional provision.
Specific obligations in relation to security risks, regularity or continuity of aeronautical operations.
1. Users of remotely piloted aircraft intended exclusively for sports, recreational, competition and exhibition activities, as well as recreational activities typical of toy aircraft, to which the provisions of chapter VIII do not apply. of Royal Decree 552/2014, of June 27, must refrain from carrying out any actions that may jeopardize the safety, regularity, continuity of aeronautical operations, for which purpose such aircraft shall operate.
airport or aerodrome and the same distance with respect to the axes of the tracks and their extension, in both headers, up to a distance of 6 km counted from the threshold in the sense of distance from the runway. This minimum distance may be reduced when this has been agreed with the airport manager or responsible for the infrastructure, and, if there is one, with the air traffic service provider of the aerodrome, and the operation shall be in accordance with the provisions established by them in the corresponding coordination procedure.
b) Outside the controlled airspace, the flight information zones (FIZ) or any aerodrome transit zone (ATZ), except in relation to the operations that are carried out from infrastructures destined to remotely piloted aircraft, in the conditions established in the coordination procedures agreed upon by the person in charge of said infrastructures with the air traffic service provider.
c) At a maximum height above the ground no greater than 400 feet (120m), or above the highest obstacle located within a radius of 150 m (500 ft) from the aircraft.
d) In daytime flight and under visual flight weather conditions.
e) Within the visual range of the pilot, without the aid of optical or electronic devices, except corrective lenses or sunglasses. In the case that first-person vision devices (FPV) are used, the operation must be performed within the visual range, without the help of such devices, by observers who remain in permanent contact with the pilot.
f) Prioritizing all other aircraft categories.
2. As an exception to the provisions of the previous section, the use of remotely piloted aircraft of up to 2 kg of MTOW flying at a maximum height above the ground of 50 m should only respect the restrictions provided in letters a ), b) and e) of said section.
Third additional provision. Rules of police of the aerial circulation in the operation of aircraft manned by remote control with recreational, sportive or recreational aims.
Operations of remotely piloted aircraft intended exclusively for sports, recreational, competition and exhibition activities, as well as recreational activities typical of toy aircraft, may not be carried out:
a) Over agglomerations of buildings in cities, towns or inhabited places or meetings of people outdoors, except in the case of airplanes of up to 250 g that operate at a maximum height of no more than 20 m.
b) In areas reserved, prohibited or restricted to air navigation, as well as on the facilities referred to in article 32, with the limits provided for in said precept.
The lack of definition of what is considered recreational flight, can generate doubts or points of debate against the exact definition by the regulations of specialized air operations
The video aims to disseminate the new Royal Decree among all users of drones or RPAS, whether professionals or amateurs.
