A foreign national is facing a serious administrative penalty for flying a drone without the required licence or insurance during the popular Virgen del Carmen boat procession in Puerto de la Cruz (Tenerife) on 15 July, as reported by Spain’s National Police this week.
Detected by Police During Festivities
The unauthorised drone flight was spotted by officers monitoring the festivities. The drone operator was quickly traced to the Hotel Las Águilas, located in the upper part of the municipality. Officers visited the premises to carry out identity checks and inspect the aircraft.
No Licence, No Insurance, and Unaware of Regulations
Upon being confronted, the foreign pilot admitted to not having a drone pilot licence, no civil liability insurance, and acknowledged ignorance of Spanish drone laws, which include mandatory pre-flight authorisations and clear communication with aviation authorities.
The aircraft was confiscated and the individual formally notified that the case had been referred to AESA (State Aviation Safety Agency) for further administrative proceedings.
A Risky Flight During a Crowded Event
The drone was flown in a sensitive and crowded urban environment, where thousands of attendees had gathered for the maritime celebration. Three professional drones were also operating with proper authorisation—two for security surveillance by the National Police and one for official event coverage.
Police Warning: Drone Laws Are Strict and Violations Can Be Severe
The National Police reiterated the importance of following Spain’s strict drone regulations, noting that unauthorised flights may pose a risk to public safety and privacy, especially during mass gatherings or near sensitive locations.
Key Legal Framework: Royal Decree on Civil Use of Drones
Spanish law stipulates that drone operators must inform the Ministry of the Interior at least five days in advance of any planned drone use in urban environments. The Royal Decree regulating unmanned aircraft systems also mandates pilot registration, insurance, and adherence to flight zone restrictions.
AESA provides comprehensive information to help users understand when, where, and how drones can be operated safely and legally.
What the Law Says: EU and Spanish Drone Regulations
Since January 2021, all drone operators in the European Union are subject to Implementing Regulation (EU) 2019/947, enforced in Spain by AESA. Drone operations are classified into three categories based on risk:
- Open category: Low-risk recreational flights (most common).
- Specific category: Higher-risk operations, such as near people or in urban zones.
- Certified category: Large or complex drones (e.g. delivery drones, air taxis).
Even for basic recreational use (e.g., landscape filming), users must:
- Register as an operator (mandatory if the drone weighs over 250g or has a camera),
- Complete basic training for the open category (available for free online via AESA),
- Avoid restricted airspace, urban areas, and protected zones,
- Maintain visual contact with the drone at all times.
Penalties: Fines up to €225,000 for Illegal Drone Flights
AESA classifies drone infractions as:
- Minor (€60 to €45,000): e.g., lack of insurance, poor labelling, or losing visual line of sight.
- Serious (€45,001 to €90,000): e.g., flying without training or in restricted areas.
- Very serious (€90,001 to €225,000): e.g., interfering with air traffic, endangering people, or flying near critical infrastructure.
Where Drone Use Is Prohibited in Spain
Flying without authorisation is strictly forbidden in the following areas:
- Near airports or aerodromes
- Protected natural areas
- Urban centres, unless with official approval
- Large events or demonstrations
- Military or emergency service airspace
Additional prohibitions include:
- Flying above 120 metres altitude
- Night flights (unless specifically approved)
- Recording without consent, which may breach privacy laws
Flying Legally in Spain: What You Must Do
To avoid fines and ensure safety, drone users in Spain must:
- Register as an operator on the AESA platform.
- Complete online training (open category – free).
- Label the drone with the operator number.
- Take out civil liability insurance, especially for non-recreational use.
- Use the ENAIRE Drones app to check real-time flight zone permissions.
