Drone Pilot Who Injured a Cyclist Appeared before the Judge: Guilty, But no Punishment
The national aviation officer of the Public Prosecution Service (PPS) of North Holland blames a 43 years old man from Valkenburg (South Netherland) to have caused danger by not keeping constant control over the drone which he was flying. Besides, he flew with his drone in the vicinity of the Valkenburg gliding field (Article 4.3 of the Aviation Act). The pilot could not prevent his drone from crashing near a primary school and coming down to a cyclist, who has sustained heavy physical injury as a result.
Facts of the Case
On 4 May 2020, a 49 years old cyclist from Katwijk receives heavy injuries as a result of a drone which hit her in the face. The victim has received lasting eye damage. The drone pilot later told the police that the drone was blown away by the wind, as a result of which it came unintentionally over the cycle-track. When he tried to steer the drone away from the cycle-track it came into the face of a lady who was just cycling there.
Dangerous and Punishable
In this case, the man with his drone has caused danger for two persons, namely to the woman to whom the drone has descended and a colleague who cycled next to her. Besides, this happened within a radius of three kilometres from Valkenburg gliding field, for which permission was necessary to fly with a drone. The pilot of the drone did not have this permission. The pilot said that he did not know the rules for flying a drone and had also never enquired about it. This makes him no less punishable. However, the prosecution officer takes into account the fact that de pilot is conscious of his guilt and has reached an agreement with the victim for the payment of compensation for physical damage.
The prosecutor demands conviction of the pilot without imposing a punishment on him (Article 9a of the Criminal Code) and the payment of the remaining compensation to the victim. The district judge agreed with the demand and pronounced judgment accordingly.
Other Incidents
A drone is not a simple piece of toy and its use not an innocent hobby. Flying with a drone can be dangerous. This is not the only incident that has demonstrated the fact. May 2018 a drone crashed at the foot of a toddler who was playing in the terrain of a day-care centre in Groningen. The toddler sustained no lasting injury. Another example of November 2020 is a sport plane that collided with a drone at the height of about 600 metres.
Rules for Flying a Drone
Flying drones is therefore bound by rules and regulations. It is not without reason that someone flying a drone is named a ‘remote pilot’. This remote pilot must follow the air traffic rules, such as the general prohibition to take part in air traffic in such a way that the persons and goods are not brought in danger. Also, the specific rules for drones must be taken into account. The basic rules are the same in the whole of Europe since 31 December 2020. They are based on the risks that drone flights bring forth with themselves. Someone who flies a drone for pleasure normally falls in the so-called ‘open category’. Also in that category, basically every drone operator must register and, depending on the type of drone, also obtain a flying certificate. Furthermore, the ‘remote pilot’ must keep a good view on the drone and the air space around it during the whole flight. The drone may also be flown only during daylight hours. In addition to that, there are certain designated ‘no-fly-zones’, which are easily to be found via the interactive safety map of the Dutch Air Traffic Control. A summary of the new legislation can be found in the website of the Dutch central government.