Unmanned Aviation
The PPS is increasingly paying attention to possible criminal acts in the unmanned aviation. It relates flights with drones, aircrafts without a pilot on board, operated by professionals or private persons. Due to the relatively affordable drones, the threshold for taking part in air traffic has been considerably lowered.
‘A drone is not a simple piece of toy and its use is in the least an innocent hobby. Flying a drone can be dangerous’. This citation from a press release [VA(N1] on a penal case against a drone pilot who injured a cyclist with his flight, is still of current interest.
By operating a drone, the ‘remote pilot’ takes part in air traffic. Flying a drone is thus bound by aviation rules. Also, the owner or renter of a drone, as its operator, has a responsibility (someone can be both the drone operator and its pilot, but he doesn’t have to). The European Union Aviation Safety Agency (EASA) has provided a good elucidation to this distinction.
Since 31 December 2020, the basic rules for drone flights are identical in the whole European Union. These rules depend on the risk of an accident during the flight. There are three risk categories: the open category for flights with a low risk, the specific category for flights with an average risk and the certified category for flights with a high risk. Private persons who fly a drone for pure pleasure, normally speaking, fall under open category as long as they observe the terms and conditions for that category. Explanation of these conditions and rules for drone flights can be found among others in the website of the Dutch government. Where you are not allowed to fly is easy to see in the Go Drone safety map.
In general, criminal law comes into play - regardless of the category in which it is flown – in the case of flights that cause or may cause danger. In addition to that, the legislator has set a special role for criminal law for offences in the open category, for which no prior authorisation from the Human Environment and Transport Inspectorate is required.
The PPS has formulated starting points for frequently occurring violations in the Guideline for Criminal Proceedings in Aviation Legislation [VA(N2] (see fact 4 of point 4, part F of point 6 and point 7). Not only are the rules for drone operators and drone pilots underlined here, but it also provides guidance on what can be expected in the event of a violation of these rules.
In order to further promote legal certainty, the PPS has decided to publish the decisions in drone cases.
[VA(N1]Link naar nieuwsbericht op afzonderlijke pagina
[VA(N2]Link