ELOM:2023:008 | Drone flight involving minors during event) | North Holland
Decision: 14 April 2023 PPS North Holland
Aviation case category: Unmanned aviation
Formal links: -/-
Content indication: Drone flight involving boys during event. Cases dismissed, also for the length of time spent at the police station.
PPS Decision
In the case against two boys (16), referred to below as suspect [A] and suspect [B].
Reason for the investigation
The investigation was opened after two police officers present at [event] in [place] on [date in year] 2022, were alerted by bystanders. These bystanders said that two boys were flying a drone and pointed out the two boys.
Suspected offence
Violation of Article 9 Air Traffic Decree 2014 (prohibition to contravene restrictions on a certain area), Article 14(5) Regulation 2019/947 (registration obligation for drone operators) and Article 447e of the Dutch Penal Code (obligation to present proof of identity for inspection).
Facts and circumstances
Based on the aviation police report, it can be established that a drone was flown at [event] in [place] on [date in the year] 2022, while a no-fly zone (a temporary restricted area) had been established because of [event]. It was seen by the reporting officers that [A] was piloting the drone, his brother [B] apparently acting as an observer. The drone was owned by [A] and [B]. Neither had registered as a drone operator. This is mandatory for drones under 250 grams equipped with a camera. [B] had no ID with him.
Decision
The various offences (flying in a no-fly zone, failing to comply with the registration requirement and being unable to present valid ID) were dismissed by the aviation prosecutor.
In addition to the fact that [A] and [B] were minors, it has been taken into account that they were taken at the police station before the Assistant Public Prosecutor and detained at the police station for almost 4.5 hours. This will have made an impression on them. Based on their statements, it is assumed that they will be more mindful of the regulations in the future and ensure that the registration requirement is met. For more information on flying drones, the public prosecutor referred to the information on the central government's site and the safety chart of Air Traffic Control The Netherlands (godrone.nl).