ELOM:2023:027 | Trial drone flight in military CTR | North Holland
Decision: 23 November 2023 PPS North Holland
Aviation case category: Unmanned aviation
Formal links: -/-
Content indication: Settlement for flying drone in Woensdrecht CTR (also military low flying area and within 50 metres of motorway) and not registering as operator.
PPS Decision
in the case against the drone operator, referred to below as the suspect.
Reason for the investigation
The investigation was launched following a drone detection by the Royal Netherlands Marechaussee (Kmar).
Suspected offence
Violation of Article 7 (2) of the Unmanned Aircraft Regulations (flying a drone in military air traffic control area), Article 6 (1) of the Unmanned Aircraft Regulations (flying a drone within a horizontal distance of 50 metres from a motorway), Article 2 (1) of the Unmanned Aircraft Zoning Regulations (flying a drone higher than 30 metres in a military low-level flight zone) and Article 14(5) Regulation 2019/947 (failure to comply with registration requirement as operator).
Facts and circumstances
Based on the official report of the Kmar, it can be established that the suspect flew a drone in the open category in the Woensdrecht CTR on [date in the year] 2023. The drone reached an altitude of about 96 metres during the flight. The zone in question is also designated as a low-flying route for military aircraft where no higher than 30 metres may be flown. Moreover, the drone was only 20 metres away from the highway.
The suspect is the owner and therefore operator of the drone. However, she did had not registered as an operator. She was obliged to do so because the drone (DJI Mini 2) is not a toy drone and is equipped with a camera.
The suspect stated to the Royal Netherlands Marechaussee that she had relied on the DJI app and believed she had seen that she was allowed to fly up to 500 metres there. As this seemed very high to her, she kept to 100 metres. For most of the flight, however, she flew at an altitude of 25 metres. She was not aware that she was flying in a military CTR.
The purpose of the flight was to show a friend the potential of a drone for his business. Images had not yet been taken during the flight.
The suspect knew she had to register as an operator of the drone, but had not yet done so because it was a kind of test flight and she had a busy week. As a result of this case, she still registered immediately.
Decision
It can be proved that the suspect committed four offences: flying in the Woensdrecht CTR, flying within 50 metres of a motorway, flying higher than 30 metres in a military low flying area and failing to comply with the registration requirement as an operator. Because in this case it was considered plausible that the suspect did not know she was flying in prohibited area, the prosecution - because of the connection of the first three offences - focused on flying in the Woensdrecht CTR and not registering as an operator.
The starting point for these offences, according to the sentencing guideline, is a fine of €250 and €100, respectively. The prosecution sees no reason to deviate from this in this case and has therefore offered the suspect a €350 settlement proposal. The suspect accepted this proposal.