ELOM:2023:004 | Drone flight near railway line | North Holland
Decision: 27 March 2023 PPS North Holland
Aviation case category: Unmanned aviation
Formal links: -/-
Content indication: Flying a drone near a railway line. Our-of-court settlement proposal of €250 accepted.
PPS Decision
in the case against a drone operator, referred to below as the suspect.
Reason for the investigation
Control room report (presumably Prorail employee).
Suspected offence
Violation of Article 6(2) and Article 7(2) Unmanned Aircraft Regulations. [1]
Facts and circumstances
Based on the aviation police report, the PPS found that on [date in year] 2022, at around 4.20pm, a police officer received instructions to go to [place] to investigate a person near the railway tracks.
The police officer walked along the track on the instructions of Prorail and saw a drone passing by. This drone was flying in a westerly direction about 3-4 metres above the track. The drone followed the track and headed towards the police officer at high speed. After about five minutes, the drone flew back, partly over the meadow, and then towards a bridge. The police officer drove to this bridge and found the suspect there. He saw a similar drone to the one he had seen flying in the back seat of the suspect’s car. No other persons were present in the area.
The suspect stated that he had been flying the drone. The police officer noted that the drone was a DJI Avata Pro and determined that the conditions of the open category had been met. The suspect had registered as an operator and presented a pilot's licence (certificate of completion A1/A3).
The suspect flew close to the railway line and in the Leeuwarden CTR. The suspect stated that he had just purchased the drone, that it was an impulsive flight and that he wanted to create atmospheric images. It was not a commercial flight. The suspect stated that he assumed he was allowed to fly there, as the drone only gave the warning to be careful there, not that he was not allowed to fly there.
Decision
The PPS considers it proven that the suspect committed two offences: flying within a horizontal distance of 25 metres from railway lines (Article 6, paragraph 2 of the Unmanned Aircraft Regulations) and flying within the Leeuwarden CTR (Article 7, paragraph 2 of the Unmanned Aircraft Regulations).
According to the Directive on criminal procedure for aviation laws and regulations, the starting point for both offences is a fine of €250. The PPS focused on the offence of flying near a railway line. This takes into account that the offence took place in the outskirts of the Leeuwarden CTR. A flight near a railway line, such as this one, in itself justifies an increased fine. The PPS decided against increasing the fine. That is because, although the suspect committed these offences through impulsiveness, he gives the impression of taking the laws and regulations seriously. He had also registered as an operator and affixed the operator number on the drone. The PPS assumes that this occurrence and the response under criminal to it will prompt the suspect to pay closer attention to the laws and regulations and refrain from committing any further drone violations.
On 27 March 2023, the suspect was offered a €250 out-of-court settlement for flying near a railway line. The suspect accepted this proposal.
[1] This is a Dutch regulation (Regeling onbemande luchtvaartuigen) that implements Commission Implementing Regulation (EU) 2019/947.