ELOM:2023:020 | Operating a drone at a prison | North Holland
Decision: 20 September 2023 PPS North Holland
Aviation case category: Unmanned aviation
Formal links: -/-
Content indication: Drone with dropping mechanism over a prison. No evidence that any objects were dropped in the process. Settlement for flying in prohibited zone and not having a flying licence.
PPS Decision
in the case against a drone operator, referred to below as the suspect.
Reason for the investigation
The investigation was launched following a report from the prison [location].
Suspected offence
Violation of Article 6 (1) Unmanned Aircraft Regulations (flying in a no-fly zone) and article 8(1) Regulation 2019/947 (flying without a licence).
Facts and circumstances
Based on the official report, it can be established that the suspect flew a drone over the prison faciity [location] on [date in the year] 2023. The drone was a DJI Phantom with a maximum take-off mass of about 1.4 kilograms. The suspect did not have the required flying licence.
Evidence considerations
The suspect has stated that he only wanted to take pictures. Although no memory card was found and the drone was equipped with a dropping mechanism, there is no evidence that any object was dropped with the drone. The suspect denies that the drone was his. He refused to name the drone operator.
Decision
It can be proved that the suspect flew in a prohibited zone and did not have the required flying licence. The suspect was offered a settlement proposal totalling €650. The suspect accepted this proposal.