The drone operator needs to have the correct insurance taken out, even if the drone is piloted by someone else. Consult your National Civil Aviation Authority.
It is advisable for pilots to check that insurance is in force before flying drones.
New European Drone regulations
As of December 31, 2020, the European UAS regulations apply. This rule affects all drones regardless of their use or size. This section compiles the applicable regulations and frequently asked questions about them. You can find more detailed information on specific aspects in the different sections of the website within the “drone field”.
Consolidated European regulations:
Consolidated Implementing Regulation (EU) 2019/947 including changes to Implementing Regulation (EU) 2020/639, Implementing Regulation (EU) 2020/746, Implementing Regulation 2021/1166 and Implementing Regulation (EU) 2022/ 425. (link to the standard).
Consolidated Delegated Regulation (EU) 2019/945 including changes to Delegated Regulation (EU) 2020/1058. (link to the standard).
Non-EASA activities or services
European regulations are not applicable to “non-EASA activities or services” so operators that carry out this type of activities must comply with the provisions of Royal Decree 1036/2017.
“Non-EASA activities or services” are those excluded from the scope of Regulation (EU) 2018/1139 of the European Parliament and of the Council, article 2.3, letter a), carried out by military, customs, police, search and rescue, fire fighting, border control, coastal surveillance or similar, under the control and responsibility of a Member State, undertaken in the general interest by or on behalf of a body vested with public authority.
Additional information to carry out this type of operations is available in the “NON-EASA UAS Operators” section.
Availability of mandatory civil liability insurance
After the modification of the Air Navigation Law, and until the entry into force of the UAS Royal Decree* that completes the legal regime for the civil use of unmanned aircraft systems, it will be necessary to have an insurance policy that covers liability. civil against third parties for damages that may arise during and due to the execution of each flight carried out (both recreational and professional purposes) in accordance with articles 11 and 127 of the Air Navigation Law:
- UAS with an MTOM equal to or greater than 20Kg for professional purposes must comply with Regulation 785/2004, and;
- Professional UAS with MTOM equal to or less than 20Kg and those for recreational purposes must comply with the provisions of Royal Decree 37/2001, of January 19, which updates the amount of compensation for damages provided for in the Law. of Air Navigation.
Regulation 785/2004 establishes a minimum amount for damages to third parties on land of 750,000 SDR -Special Drawing Rights- (for drones up to 500kg) while Royal Decree 37/2001 the minimum amount to be covered is 220,000 SDR.
Adequate insurance must be available to cover each flight made, and it is not necessary to take out a permanent policy.
