Flying a drone without a licence, as of today and with current regulations in hand, it’s possible, but registering as a drone operator, which is something different from a licence, may be something you have to do.
With the implementation of Commission Implementing Regulation (EU) 2019/947, all UAS operators, including model aircraft operators, will be required to register as operators if they plan to conduct operations with any type of UAS, including the following:
In the ‘open’ category, the use of unmanned aircraft meeting one of these conditions is permitted:
- Have a maximum take-off weight (MTOM) of 250 g or more, or which can transfer more than 80 joules of kinetic energy to a person in the event of a collision.
- Are equipped with a sensor capable of capturing personal data, unless they comply with Directive 2009/48/EC, known as the ‘Toys Directive’.
In the ‘specific’ category, any unmanned aircraft, regardless of weight, is permitted to operate.
These are the 2 fundamental requirements you have to meet to fly a drone without a license. From this point on, you should consider another series of rules depending on the location where you want to carry out your activity.
It is important to know that the AESA drone operator registration and the license or theoretical training and practical training are different things.
These types of drones are class 0 drones and, in order to fly them, all that is required of the pilot is that he/she is at least familiar with the user manual provided by the UAS manufacturer.
A very interesting advantage of unlicensed drones over drones weighing more than 250 grams is that, taking into account other possible restrictions, they can fly within towns and cities without the need for prior notification or permission to fly as long as they do not exceed a height of 20 m. (Update below).
Update of the New Royal Decree 517/2024: As of June 25 and once it has become official published in the BOE on June 4, 2024 with the new regulatory changes, as the European regulation no longer makes a distinction between professional and recreational flights, all drones flying in areas with buildings, less and more than 250gr (urban areas or in agglomeration of buildings, formerly) must make a communication to the Ministry of Interior their activity 5 days before performing it.
Although this may change as of 2024 and at least these unlicensed drones will have to at least notify the Ministry (I repeat, notification, so you should not expect a reply), as drones over 250 grams already do. A very important disadvantage, no doubt. As I warned when I wrote this article, it finally came true.
Flying unlicensed drones
The drone has become one of the star gifts during Christmas, for birthdays and for any other time, as they are very attractive and eye-catching.
Thinking of giving a drone as a gift to someone or for yourself? In my article on the best drones of 2023 I have a section where I tell you about the best unlicensed drones under 250 grams to fly.
AESA always reminds us that, even though there are drones that are classified as “toys” by their manufacturer, a drone is an aircraft and must be flown with caution.
If your drone is not classified as a toy I recommend you to read my article where I discuss the minimum requirements to fly a drone in Spain. It is always advisable that all children who might receive a drone as a gift be supervised during the flight by an adult.
If you are wondering “which drone can be flown without a license“, here are the most popular and widely used models:
- DJI Mini 2
- DJI Mini 3 PRO
- DJI Mini 4 PRO
- Xiaomi Fimi Mini 3
- DJI Neo
- Holy Stone HS440
- Potensic Atom SE
- Hubsan Zino Mini
Even if your intention is to fly using a drone without a license, you should know that you cannot fly everywhere you please. One of the most important considerations to take into account is to know in which areas you can carry out an activity with a UAS, or what is the same: where you can fly a drone.
With this in mind, you will be demonstrating awareness of current safety measures and avoiding situations, problems for people and yourself.
You just bought a drone and you have no idea how to fly it, you want me to give you a hand with your first flights, learn a bit of photography to take amazing pictures and why not, take the first steps with video editing? Join my introductory course to fly drones and basic editing!
Best-selling drones under 250 grams
Below you can see which are the best-selling unlicensed drones, or drones under 250 grams, on Amazon. You have no excuse not to fly a drone!
No se han encontrado productos.
Which drones are needed a license to be flown
As mentioned above, drones that need permits and licences in Spain are any drones that meet one of the following requirements:
- Those drones weighing more than 25 kg (55 lbs)
- If you are going to perform an activity or make a professional use of them.
- Drones belonging to class C1 marking.
What to do with a drone weighing less than 250 grams
Here’s what to do with an unlicensed drone under 250 grams and its main considerations and rules:
- It is possible to fly in population centers and/or gatherings of people always without exceeding 20 meters in height, but with the obligation to notify the Ministry of the Interior of the activity to be carried out 5 days prior to the flight.
- If your drone has a camera, you can record photographs and videos but you must comply with data protection regulations, the right to honor, privacy, self-image and possible restrictions on photographic flight that may exist in the area where you decide to make the flight with the drone.
Even if you have an unlicensed drone of less than 250 grams, you must take into account some considerations before the flight, and you must also know that for some areas and types of operations you will have some restrictions that you must respect:
- The most important thing is NOT to fly the drone in controlled spaces.
- Keep the drone ALWAYS in sight.
- You must fly in daylight and suitable weather conditions. You must not fly in fog, rain or strong wind.
- You cannot fly in National Parks, wildlife conservation areas, Biosphere Reserves and Protected Natural Areas (PNA) without an approved permit from the competent body. This information can also be obtained by consulting my article on how to use the Enaire Drones map, which I have just told you about. If you come to Mallorca and want to fly your drone I tell you how to contact the environmental agencies of the island.
You must carry a fireproof identification plate on both the drone and the radio-controlled controller, mandatory for all drones since 2021. You no longer need it.Third party insurance is not compulsory, but it is advisable.Third party liability insurance is no longer mandatory either for all drones or for flying in all categories. Check the changes on drone insurance in my article on the new Royal Decree UAS.
Fine for flying unlicensed drones
There are two scenarios in which you may be proposed for a fine if you fly an unlicensed drones :
If you fly unlicensed drones and you do so under circumstances that do not endanger yourself or others, such as reckless flying, being under the influence of alcohol or drugs, absolutely nothing would happen.
But if you fly unlicensed drones and you don’t have one, you can get into big trouble and face fines that can be very large, and which vary depending on whether you are an individual or a company.
You are a private individual
If you are a private individual flying unlicensed drones withouth aeronautical knowledge, fines can range from €60 to €225,000, depending on:
- If you commit a minor offence, fines can range from €60 to €45,000.
- When you commit a serious offence, the fine ranges from €45,001 to €90,000.
- But if you commit a very serious offence, fines can range from €90,001 to €225,000.
You are a company
And if you are a company, regardless of whether you have knowledge or not, the infringements are significantly higher:
- For minor offences, fines range from €4,500 to €70,000.
- For serious misconduct, the fine will range from €70,001 to €250,000.
- And if you commit a very serious offence, the fine you can receive will be between 250,001 and 4.5 million euros.
For this reason it is important that you know what you are doing at all times, whether you have a license to fly a drone or not, or you fly a drone over 250gr or not. You need to be aware of the regulations to save yourself a lot of trouble and, most importantly of all, so that third parties do not suffer the consequences of malpractice.
Do you think that unlicensed drones is your best option nowadays, which drone are you planning to buy? Share your experience here, I read you!
