ELOM:2023:013 | Flying without registration or licence in specific category in military CTR | North Holland
Decision: 10 May 2023 PPS North Holland
Aviation case category: Unmanned aviation
Formal links: -/-
Content indication: Flying without a licence in the specific category and not registering as an operator. Out-of-court settlement proposal €250 and €100 accepted.
PPS Decision
in the case against a drone operator, referred to below as the suspect.
Reason for the investigation
Drone detection by Royal Netherlands Marechaussee on [date in year] 2023 around 14:15 at [place] within the Woensdrecht CTR.
Suspected offence
Violation of Article 7(2) Unmanned Aircraft Regulations (prohibition on flying in military CTR in open category) or Article 5(1) Regulation 2019/947 (flight with drone in specific category) and Article 14(5) Regulation 2019/947 (registration requirement for drone operators).
Facts and circumstances
The official report shows that two officers of the Royal Netherlands Marechaussee went to the location where the drone operator was located by the drone detection system. They found the suspect flying a drone there. At the time, the drone was flying at a height of about two metres. The suspect landed the drone on the request of one of the officers. The drone is a DJI Mavic Pro.
The investigation revealed that the drone flew up to 132.8 metres. One of the conditions for flying in the open category was therefore not met: the condition to fly no higher than 120 metres. No licence had been applied for and issued for flying in the specific category.
The suspect was also found to be the operator of the drone but had not registered as such with the RDW.
The suspect stated that he was not aware of the laws and regulations regarding flying a drone. He thought he was flying far enough away from Woensdrecht airbase. The flight was purely for hobby purposes. He wanted to practise flying a drone during a period of good weather. He flew over fields and golf courses, for example. Just before the Royal Netherlands Marechaussee arrived, he had intended to stop the flight because the battery only had sufficient power to fly for 20 minutes.
Decision
The PPS considers two offences proven: flying in the specific category and failing to comply with the registration requirement. Out-of-court settlement proposals of €250 and €100 were made to the suspect for flying in the specific category and failing to register as an operator, respectively. The suspect accepted these proposals.