ELOM:2023:009 | Unregistered drone during event | North Holland

Decision in Aviation Case | 18-04-2023

PPS Decision

in the case against a drone operator, referred to below as the suspect.

Reason for the investigation

Report of multiple drones on [date in year] 2022, around 19:30 hours, during [event].

Suspected offence

Violation of Article 18(1) Air Traffic Decree 2014 and Article 14(5) Regulation 2019/947.

Facts and circumstances

The police report shows that that the operator of one of the drones reported during [event] was approached. According to the reporting officer, the drone operator complied with the open category conditions. The drone he was flying had a camera (a DJI Mini 2). The drone operator was also found to be the owner and operator of the drone, but had not registered as such.

The suspect stated that he flew the drone for a maximum of one minute, and at a distance from the crowd of people and at a height of no more than 10 metres. He wanted to take some photos of the event, but it did not get that far: the police arrived at the scene before any footage was taken. The suspect was not aware of the applicable laws and regulations, such as the ban on flying outside the daylight period and the registration requirement. He had bought the drone from a chain store and had been given no further explanation. The only rule he had looked up was that the drone could be taken on a plane.

Decision

The PPS considers two offences proven: flying outside the daylight period and failing to comply with the registration requirement. Due to the very short duration and limited height of the flight, the PPS focused on non-compliance with the registration requirement. On 18 April 2023, the suspect was offered an out-of-court settlement of €100 for failing to register as an operator. The suspect accepted this proposal.