Drones legal framework: the new Regulation (UE) 2018/1139
Abstract
Drones are a reality in the skies of many countries. There are many differences between the different types of drones, not only as to whether the aircraft is autonomous or piloted by remote control; but in other aspects such as its size, or the use to be given to the drone, which may well be used for specialized operations (technical, scientific or aerial), for recreational use, or in the future, for transportation.
The existing regulation of the Member States on drone matters was confined to the national level and in relation to certain types of drones. In Spain, as others Member States, a regulation limited to some types of drones had been developed, which have a maximum take-off mass below than 150 kg. Also the FAA (Federal Aviation Administration) in the United States developed its own regulation on drones, which has subsequently been modified.
However, given the legal fragmentation in this area, it was developed by the European Union, specifically by the European Aviation Safety Agency or EASA (European Aviation Safety Agency), a regulatory framework for the development of a European single market and promote thus cross-border drone operations.
Finally, the new Regulation (EU) 2018/1139 has come to establish a European regulation that is applicable to all drones, so that the internal legislations of the Member States would be displaced by that international instrument. Therefore, its objective is to cover unmanned aircraft, since unmanned aircraft also operate within the airspace together with manned aircraft. As the technologies of unmanned aircraft currently make possible a wide range of operations, they must be subject to standards that are proportional to the risk of the operation or the type of operation in particular, because its regulation can not be made to depend solely on the weight of the aircraft.
