ELOM:2023:014 | Drone flight during event | North Holland
Decision: 11 May 2023 PPS North Holland
Aviation case category: Unmanned aviation
Formal links: -/-
Content indication: Drone in military CTR during event. No punishment for the confessing drone operator with an initiative to raise awareness of drone rules within his community.
PPS Decision
in the case against a drone operator, referred to below as the suspect.
Reason for the investigation
The investigation was opened following the detection of a drone by the Royal Netherlands Marechaussee.
Suspected offence
Violation of Article 7 Unmanned Aircraft Regulations.
Facts and circumstances
The investigation revealed that the suspect flew a drone through the Woensdrecht CTR in [place] on [date in the year] 2023. This took place during [event]. In the open category, in which the suspect's drone flight was conducted, it is prohibited to fly in the CTR (see Article 7 Unmanned Aircraft Regulations).
Decision
The prohibition on flying a drone in the open category in the Woensdrecht CTR is a punishable offence.
The PPS starts out from a fine of €250 for this offence. The aviation prosecutor believes there is reason to set aside that principle in this case. It is incumbent on the suspect to be aware of the applicable drone rules and not rely on assumptions (based in part on the information from the drone's app, which consisted of a warning about a prohibition on flying at an altitude above 500 metres). The suspect fully acknowledged this. He felt guilty that the flight, under different circumstances, could have been dangerous. The suspect has stated that apart from a punishment, he would like to create awareness of the drone regulations within his community. The aviation prosecutor welcomed that initiative.
The aviation prosecutor decided to dismiss the case in view of the above.