In previous parts of our series, we have covered the conditions for legal drone operation, operator registration, pilot qualifications, and individual categories of operation. Compliance with these rules is not just a formal obligation - their violation can lead to administrative liability and the imposition of significant sanctions.
Flying without registration, in prohibited airspace or without meeting the specified conditions may not end with just a warning. In some cases, fines may be imposed. fines amounting to several million crownsIn today's article, we will explain what violations occur most often when operating drones, what sanctions are imposed for them, and how to avoid them.
What is a misdemeanor?
An offense is an unlawful act by which a person violates an obligation set forth in a legal regulation. If the law defines such an act as an offense, the competent administrative authority may impose an administrative penalty for it. In the field of drone operations, this most often concerns fine, in some cases it may also be stored prohibition of activity or warning.
In most cases, offenses related to drone operations is being considered by the Civil Aviation Authority in administrative proceedingsThe administrative authority always assesses the specific circumstances of the case, in particular the seriousness of the breach of obligations, its consequences, the degree of culpability and any repetition of similar conduct.
Only in exceptional cases can a violation of the rules escalate from administrative liability to criminal liability. We will address this issue in the next part of our series.
The most common violations when operating drones
A number of offences related to the operation of unmanned aircraft are regulated in Act No. 49/1997 Coll., on Civil AviationDepending on who causes the breach of obligations, a distinction can be made between: Remote pilot violations a drone operator offenses.
Remote pilot offenses
The remote pilot is primarily responsible for the safe conduct of the flight and compliance with operating rules. The most common violations include situations where the pilot:
- controls a drone without the required qualification,
- controls a drone under the influence of alcohol or other addictive substances,
- does not keep the drone in visual line of sight (VLOS), although this is required for the operation,
- fails to conduct a sufficient visual inspection of the airspace before or during the flight,
- violates the rules for the use of airspace,
- operates a drone in the area of intervention of the integrated rescue system components or in its immediate vicinity.
Example: In practice, a situation may arise where a pilot, while taking pictures of a construction site, unknowingly enters a UAS geographical zone in which operations are restricted or prohibited. Although the violation of the rules may not happen intentionally, such conduct may be considered an offense.
Drone operator offenses
The operator is responsible for ensuring that the drone is operated in accordance with legal regulations and that all conditions for its safe operation are met.
An offense may be committed, for example, if:
- operates a drone that does not meet the specified technical requirements,
- does not ensure that the drone is operated by a person who meets the conditions set out in legal regulations,
- not registered in the register of operators unmanned systems, even though they are subject to registration,
- will not mark the drone assigned operator registration number.
Example: In practice, this could be a building inspection company that uses a registered drone but fails to renew the operator's registration or ensure that all conditions for a specific type of operation are met.
The most common mistakes in practice
Many offenses do not arise from intentional violations of regulations, but due to ignorance or insufficient preparation before the flightThe most common mistakes include:
- failure to verify UAS geographic zones before flight,
- operation without operator registration,
- missing drone registration number,
- operation in a category other than that for which the legal conditions are met,
- flying beyond visual surveillance without the appropriate authorization,
- Failure to respect restrictions in the area of intervention of the integrated rescue system components.
In most cases, these situations can be avoided by thorough flight preparation and knowledge of the rules applicable to specific operations.
What sanctions are threatened?
Specific sanctions always depends on the nature of the violation legal regulations and the circumstances of the specific case.
The lowest sanctions are usually imposed for administrative misconduct, such as failure to comply with registration obligations or failure to submit required documents.
Violations that may endanger the safety of air traffic are punished more severely. Typically, these include operating without the necessary qualifications, flying in prohibited airspace, or operating a technically non-compliant drone.
The most serious cases are violations of the rules that lead to an air accident or significantly endanger the safety of people or property. Depending on the specific violation of the Civil Aviation Act, fines can reach up to several million crowns.
However, a fine is not the only possible sanction. The administrative authority may also impose other administrative penalties, such as:
- warning, which represents the mildest administrative penalty and consists of warning the offender of the illegality of his actions,
- prohibition of activity, which may be imposed separately or in addition to a fine, if permitted by law.
How to avoid liability?
The risk of administrative liability can be significantly reduced by strict compliance with legal regulations and careful preparation of each flight.
Before starting operation, it is advisable to verify in particular:
- traffic category,
- operator registration requirements,
- remote pilot qualification,
- airspace restrictions or
- the technical condition of the drone in use.
Insufficient preparation is one of the most common causes of breach of legal obligations.
záver
Operating drones brings many opportunities, but also responsibilities for compliance with legal regulations. Violations related to the operation of unmanned aircraft affect not only the pilot himself, but often also the drone operator.
Most violations can be prevented relatively easily – by knowing the relevant legislation, thorough flight preparation and respecting the restrictions applicable to specific operations. Prevention is the most effective way to avoid administrative sanctions and complications when doing business with drones.
Are you dealing with a violation related to the operation of a drone? Contact us. We will help you with everything!
JUDr. Ing. Jan Vych, attorney and partner
