THE DRONES: WHAT THEY ARE AND WHAT THEY ARE FOR
Drones are small flying devices that can be controlled remotely, without the need for physical crew. Something like mini planes that can be addressed by remote control, without a pilot.
They have a sophisticated and very versatile technology that can be used for different purposes. From recording entertainment events and obtaining paparazzi photos, to helping to find victims of kidnappings and contribute for war purposes.
Currently, the use of drones for border control and fiscal surveillance has regained special attention. While Spain will use this technology to monitor maritime incidents, the United States will apply it to oversee the border with Mexico.
DRONES IN THE EUROPEAN UNION
The European Union's perceptions and legal attempts are aimed at balancing the regulation of its members on drones.
The current attempt to update the Spanish legislation seeks to achieve the parameters previously established by the European Union. The purpose is to formalize an exclusive airspace and a single registry for remote control aircraft until 2019.
THE CURRENT REGULATION OF DRONES IN SPAIN
The last draft of the decree that establishes and regulates the use of drones in Spain was accepted in October 2016. The approval of this regulation would give the sector due legal and functional security.
This is because the current Law 18/2014, dated October 14, 2014, is provisional. But it has not been able to grant the security and legal confidence necessary for the start-up of this industry. And justifying the appeal of many manufacturers and adepts to drones.
Specialized lawyers, such as Dr. Juan Carlos Jurado, reaffirm the urgency of the transformation and legal adaptation. For them it would be necessary "to end the enormous gaps, the bias of development, and the provisional nature of the current regulations".
CURRENT USE OF DRONES IN SPAIN
Currently, drones in Spain can not fly over less than 120 meters of altitude in cities or Spanish agglomerations. Nor can they break at a distance of at least 8 kilometers from any airport.
These regulations are valid for drones whose use is personal or official, for entertainment or experiments. However, when a drone flies on private property, the final decision is left to the owner.
Proving that the legislation is not in keeping with reality, there are more than 70 specialized schools in Spain alone. Not to mention the almost 3000 operators and specialists in drones and other aerial technologies by remote control.
The reality makes it even more urgent to adapt our laws and the current regime on these technologies. Otherwise, the private sector will remain the integral controller of its control and exploration. What in no way offers any parameter of security or stability to the producing sector.
FUTURE OF DRONES IN SPAIN
The new regulations must determine the safety conditions that will regulate the handling of drones in Spain.
To fly over cities and controlled airspace at night, drones will need tested and approved pilots. They must be of legal age, have a flight book and regularity in the exercise of their activity.
In addition, drones in Spain must be duly registered, including in their documentation details of their manufacture, use and maintenance.
Writings SF Lawyers