Spanish Drone Laws 2024
Everything you need to know before flying a drone
One of the new developments following the entry into force of the new drone regulations in Spain is the change in the requirements for flying drones, regardless of whether it is for leisure or work. This distinction has been completely eliminated.
Since 2021, the Official Drone Pilot Licence has continued to be applicable for Security Forces and Corps (FCS); while for the rest of the people, for drones from 250 grams, it is mandatory to obtain a certificate that accredits a minimum of knowledge, and that will allow the flight of drones in the different established categories.
Thus, to fly drones in the open category of the new UAS Regulations, it is compulsory to pass the corresponding exam at AESA, which may be Level 1 or Level 2, depending on the risk of the operation. And to fly in the specific category, it will be necessary to pass the AESA Level 3 exam to operate in the standard scenarios contemplated therein.
As we have already mentioned, there is no longer a distinction between professional and recreational flying; therefore, anyone who wants to fly drones in Spain must take into account the same considerations.
Furthermore, regardless of the category in which it will operate, some guidelines have been implemented in 2024, such as class marking and new requirements for operating in specific categories, as well as the extinction of the standard operating scenarios in Spain, since only European scenarios will exist from August 2024.
Does it need an Electronic ID?
Another important change is the introduction of Electronic ID, a remote identifier that will be mandatory for certain flights, especially in urban environments and certain categories. This identifier will allow remote identification of drones.
Operators who want to fly in the open category (A1, A2 and A3), who have a UAS with class C1, C2 and C3 markings, and even those who want to operate in a specific category (under the national and European standard scenario) will have to have an electronic ID.
Depending on the risk of the flight operation, there are three operational categories included in the drone regulations:
- Open category: The risk is very low, as these are operations that do not require authorisation or prior notification. This category has three sub-categories: A1, A2 and A3.
- Specific category: In this category, the risk is medium. These are operations that require an operational approval (i.e. operations under EASA approval) or an operational declaration based on a standard scenario.
- Certified category: Higher risk category. These are operations that require certification of both the UAS and the operator, as well as a remote pilot licence.
Flights in specific category
The operations included in the specific category of the new drone laws are those that do not meet the requirements of the open category or the certified category. You have all the information in our post about the new European drone regulation.
If what you want is to be able to fly in the Specific category (standard operational scenarios) and on European territory, things will change from August 2024, when the Spanish scenarios (STS-ES) will cease to exist.
It should be noted that this category includes medium-risk operations that cannot be performed in Open.
And what do you need to operate in Specific? Well, you need to be a registered operator in Spain and apply for and obtain an operating authorisation from EASA, or submit a declaration for an operation that fits the standard scenario.
For the European standard areas, there are two classes of UAS, both with an MTOM of more than 25 kilos:
- C5, where STS-01 operations can be conducted with flights where the drone remains within the line of sight of the pilot and in a controlled ground area in a populated environment.
- C6, where STS-02 operations are permitted, with flights where the aircraft may be beyond the line of sight of the pilot and over a sparsely populated controlled area.
As far as the European standard scenarios are concerned, something exceptional has happened: until 30 August 2024 (not 1 January as the authorities had warned), drone operators will still be able to submit declarations of compliance with the STS-ES. However, an operational declaration based on STS-01 and STS-02, i.e. the European scenarios, can already be submitted from 1 January.
In summary, you must request authorisation from AESA every time you want to operate a flight in any of the following situations:
- Flights in specific category that do not correspond to the established STS standard scenarios.
- Certified category flights.
You may be a little confused by this flood of information right now and not quite sure where the drone is allowed to fly, but don’t worry, we’re here to help. Spain is vast, and there are many areas where drone flying is possible, both for leisure and professional purposes.
VLOS or FPV flights (within the direct visual range of the pilot) in unpopulated areas of our geography are allowed without having to request any specific permission or authorisation, provided that they are daytime flights and the maximum distances established are met.
ENAIRE Drones, the official app to know where to fly your UAS
The ENAIRE Drones website, belonging to the Ministry of Development, is the digital platform created primarily to provide all the aeronautical information necessary to fly your drone safely, whether for recreational, professional or experimental purposes.
Also available from its specific APP, ENAIRE provides us with a useful questionnaire in which we will indicate, before each flight, the type of drone we want to fly, as well as the purposes for which we do so.
In this way, we will be offered information adapted to our circumstances, and we will be able to know with certainty the operational limits that should govern our flights in Spanish territory according to Spanish drone laws..
Besides, the most exciting thing about ENAIRE is its intuitive map adapted to the specific configuration according to our previous questionnaire. In it, we will be able to draw and plan our flight route, measure the distances to be covered, identify the areas with declared NOTAM or even do a search and delimit a specific area to see the state of the airspace.
VIDEO | This is ENAIRE Drones
Video presentation of the ENAIRE Drones website, the official tool to know where to fly your drone in Spain.
Different drone regulations if you are going to travel outside Spain
Remember that each country has different legislation on air safety, so if you are going to fly a drone, you must consult the regulations in question and you will have to ask permission from the competent bodies.
It is also intended that all EU countries will have a single set of rules. This has already been glimpsed with the implementation of European standard scenarios, but it goes further. Countries will also retain a degree of regulatory flexibility, particularly in the area of UAS zones, i.e. areas where flying is restricted, limited or permitted.
However, the question of what the European Union regulates and what each country regulates is still up in the air. In the case of Spain, we are still waiting for the Royal Decree that will limit these competences.
If you have already read our post about the Drone Law in the USA, you will know everything you have to do if you want to fly your drone in the American country. But what about the rest of the destinations?
International Drone Laws Map
On this collaborative map, you can see the status of drone regulations in all countries of the world. It’s a great resource as a first contact with the legislation of the country you’re interested in.
Click on the image to go to the map
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But remember, this is not official information, so the next thing you should do is consult the current regulations, which you can access from the same map, in most cases, by clicking on the detailed information for each country.
If you are more or less up to date with the drone industry in Spain, you may know that during this year 2023, essential changes in the Spanish regulations are coming.
To make sure you don’t miss a single detail, we recommend our post on the new European regulation that aims to homogenise the European framework in terms of licences, standards and operational categories.
Given the speed at which the sector is advancing, and with the emergence of new technological advances in the field of drones, the regulations must be adapted to all possible problems as soon as possible. We recommend you this post with all the information about U-Space, the European project for the creation of the UTM.
And remember that, at One Air, we will keep you informed of everything related to changes in the regulations so that you can fly your drone safely.
