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Very unfortunate risk of 6.000 euros fine for flying my drone!!!
2849 36 2018-8-16
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Alex Batalov
Captain
Flight distance : 4622680 ft

Spain
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Hi everybody.
A very unfortunate incident has just happened to me ((
I was just flying over the sea along the beach line. Someone called the cops and then one crazy lady came running and shouting at me that, I’m filming and I can’t do that, I need permission from AENA (Spanish FAA) So the police and that lady denounced me. The sd card with the footage was confiscated by the police. They told me that it will be transfered to AENA. So to sum it all up, I have a risk of being fined 6.000 euros from AENA, and apart from that, that crazy lady that denounced me will also want something.
I’m DEVASTATED honestly. I don’t have that kind of money, then I will end up in jail and for what??? FOR FLYING A DRONE AS A HOBBY IN THE SEA, I WAS NOT FLYING OVER THE HEADS OF PEOPLE IN ANY MOMENT!!!

Alex.
2018-8-16
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Dan O
lvl.3
Flight distance : 204646 ft
Romania
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Alex, please read carefully the legislation in your country to understand under the influence of which law your action entered. That lady can ask you whatever she wants, you are only responsible in front of the authorities. If you have no criminal record I assume you will be left alone with a warning as you stated that you only flew over water. Under no circumstances do not accept to give any money directly to that person.
2018-8-16
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MKPSG12
First Officer
Flight distance : 341073 ft
United Kingdom
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When you say 6.000 euros, do you mean 6,000 euros, as in six-thousand euros!? Damn! I knew Spain was anti-drone but thats crazy! For that you should've ditched the drone in the ocean and destroyed the evidence!
2018-8-16
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Greg F
Captain
Flight distance : 656955 ft
Australia
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Sorry to read that Alex...   Every country has different rules and regulation on where you can and cannot fly.   I would recommend you contact AENA and get a answer from them as to what you have done.    Regarding the lady that was screaming at you and called the Police, she has no right unless you were on her property.   Having said that again you need to check with your local authorities.   Hope it all works out for you.  
2018-8-16
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Oracle Miata
Captain
Flight distance : 3270079 ft
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United States
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Wow, that is absolutely terrible.  Unfortunately, I have a bad feeling that we are all flying on borrowed time.  This hobby’s future is sketchy at best.
2018-8-16
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Greg F
Captain
Flight distance : 656955 ft
Australia
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General Rules for Flying a Drone in Spain
Based on our research and interpretation of the laws, here are the most important rules to know for flying a drone in Spain.

Regional authorities have the ability to issue their own drone regulation, so it’s a good idea to do local research before flying.
A permit is required for commercial drone flights.
Liability insurance is required for commercial drone pilots.
Drones may be flown up to 120 meters (394 feet) above the ground.
Drones may only be flown during the day. For drones with a take-off weight of less than 2 kilograms (4.4 pounds), flights may also be carried out at night as long as a flight altitude of 50 meters (164 feet) above the ground is not exceeded.
Drones must always be flown within the visual line of sight. During FPV flights a second visual observer must monitor the drone with the eye and be in direct contact with the pilot.
Drone pilots must maintain a distance of at least 8 kilometers (5 miles) to airports in uncontrolled airspace, or 15 kilometers (9.3 miles) on approved BVLOS flights.
Drone pilots must maintain a distance of 150 meters (492 feet) from buildings, and a distance of 50 meters (164 feet) or more from people not involved in the flight.
For flights in national parks, you need permission from the AESA. The use of drones in no-fly zones must be approved by the Spanish Ministry of Defense (processing time is approximately one week).
For more information on Spain’s drone laws, see this page on the AESA website.
2018-8-16
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Sparky_17
Captain
Flight distance : 62349 ft
Canada
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This is a sad story .. luckily you got to keep your drone and out an SD Card.  As for the woman, she has no leg to stand on.  I'm sure you will be contacted by the AENA and hopefully they will be lenient and not fine you.  This should all make us think of knowing the regulations before we fly.  Carry a copy of the regulations incase you are approached by a Police officer and show him/her that you are flying within the regulations
2018-8-16
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Yukon 3-0268
lvl.3
Flight distance : 1148 ft
United States
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Oracle Miata Posted at 2018-8-16 04:00
Wow, that is absolutely terrible.  Unfortunately, I have a bad feeling that we are all flying on borrowed time.  This hobby’s future is sketchy at best.

I agree 100%
2018-8-16
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Alex Batalov
Captain
Flight distance : 4622680 ft

Spain
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Thanks guys.
The police were telling me that supposedly I was flying in a no fly zone because of the proximity to the airport, but it’s not a no fly zone on dji app and the distance from the airport was 24 km!
From the list that Greg F kindly provided, I did not break a single rule!
There were 2 police agents and I overheard them talking about confiscating the drone also, so they could have easily taken away the drone!

Alex
2018-8-16
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Rustic17
Captain
Flight distance : 1732848 ft
United States
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Please keep us informed of your situation...we are all pulling for you!!!
2018-8-16
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Mohinder
First Officer
Flight distance : 882782 ft
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I hope everything will be fine.
2018-8-16
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Northwood
Captain
Flight distance : 887110 ft
Canada
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We can all learn from this.  Lucky outcome really.  Fly safe.
2018-8-16
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nixuspix
Captain
Flight distance : 2773760 ft
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Latvia
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Very sad story, but people behaviour is unpredictable, so better try find a good lawer among your friends to be on secure side
2018-8-16
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Rustic17
Captain
Flight distance : 1732848 ft
United States
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Things I think about based on this incident:
1) I always download my files off the SD card each night before the next day's flying.  That way if I have a fly away or the drone gets confiscated I've only lost that day's data.
2) I always carry the country's drone rules with me...I actually take a picture of them and have on my iPhone...if there is a pdf I download it to my iBooks.  That way I can show the rules to the local police or complaining individual and show them I'm in compliance or was attempting to be.
3) If I ever think someone is going to complain or is reaching for their phone to call the police, I immediately exit the area and take the SD card out of the drone.  That way the card is not confiscated and I can explain that I was just flying the drone without a card.
4) If I'm ever flying near people I ask them if they have any issues with that.  Most people are more interested than offended.
2018-8-16
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ssylca44
Captain
Flight distance : 389524 ft
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Rustic17 Posted at 2018-8-16 10:01
Things I think about based on this incident:
1) I always download my files off the SD card each night before the next day's flying.  That way if I have a fly away or the drone gets confiscated I've only lost that day's data.
2) I always carry the country's drone rules with me...I actually take a picture of them and have on my iPhone...if there is a pdf I download it to my iBooks.  That way I can show the rules to the local police or complaining individual and show them I'm in compliance or was attempting to be.

Very good advice indeed!
2018-8-16
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LIk LIk Balus
lvl.4
Flight distance : 326204 ft
Australia
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Doesn’t appear that you have broken any rules. I would contact the aviation regulator, that’s who will issue the infringement notice, if there ever will be one. Most aviation regulators are quite helpful and I really doubt that you will be fined, more like get a warning if you have accidentally broken a rule. Sounds like the woman and police may have overreacted. Get legal advice if the aviation regulator decides to be hard on you, particularly if you strongly believe that you have done nothing wrong. Good luck with it as I’m sure the uncertainty is worrying.
2018-8-16
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DJI Tony
Super Moderator

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Hi, sorry to know about that, apparently, there will always be local laws when in terms of having the drone on every location. We should be knowledgeable of that policies so that we know what's our right and the do's and don'ts as well.  Again my deepest apology on what happened.
2018-8-16
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Greg F
Captain
Flight distance : 656955 ft
Australia
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Alex Batalov Posted at 2018-8-16 09:35
Thanks guys.
The police were telling me that supposedly I was flying in a no fly zone because of the proximity to the airport, but it’s not a no fly zone on dji app and the distance from the airport was 24 km!
From the list that Greg F kindly provided, I did not break a single rule!

Let us all know what happens Alex.   I hope that the police just made a mistake as you were 24kms away from the Airport.    Sometimes even the police are not aware of the laws.
2018-8-16
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Greg F
Captain
Flight distance : 656955 ft
Australia
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Rustic17 Posted at 2018-8-16 10:01
Things I think about based on this incident:
1) I always download my files off the SD card each night before the next day's flying.  That way if I have a fly away or the drone gets confiscated I've only lost that day's data.
2) I always carry the country's drone rules with me...I actually take a picture of them and have on my iPhone...if there is a pdf I download it to my iBooks.  That way I can show the rules to the local police or complaining individual and show them I'm in compliance or was attempting to be.

That's pretty sound advice.   I may have to start carrying a few things with me when I fly.
2018-8-16
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Warriewoodlad
First Officer
Flight distance : 587776 ft
Australia
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Good luck Alex. I'm sure we are all in your corner on this issue.
2018-8-16
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Hannes1
lvl.4
Flight distance : 29806 ft
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So does that mean I can not film at any beaches in Spain ? I see helicopters with tourist  pointing cameras to the ground . cheers
2018-8-16
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Alex Batalov
Captain
Flight distance : 4622680 ft

Spain
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Thank you very much everyone for your support and advice, I really appreciate that!
Regarding Hannes1 question, the police told me to never fly on the beach where there are people.
They said go to an abandoned beach where there is no one and fly there. So I won’t fly anymore at places where there are a lot of people at all.
I will keep updating.

Alex
2018-8-16
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ViPatrik
lvl.4
Sweden
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So that´s why I don´t like to fly over anyone's head. And usually I fly when I´m alone.
2018-8-16
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sergio.flor
Second Officer
Flight distance : 798301 ft
Spain
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Hi Alex, sorry to hear about that. I expect that all will be solved ok for you. I think that  you must be calm. The first is verify if You was in a restringed area, I can check it in https://drones.enaire.es/. The second is that the drone don't fly over people and the third is the protection of information law as you know the spanish protection laws is very rigid and in your video nobody must be recorded without your permission, specially children.
You must be calm, the 6000 euros penalty is only for very dangerous flights like operate over people congestions (concerts, sport events , highways....). If You  flight was not dangerous, AENA no penalty for you. If you has flownt over ZEPA area (special natural proteccion area), AENA don't penalty to you. Aena Only look for dangerous behaviour.

There are a stupdid people, The people record all time with the mobile breaking the protection law and never call to the police but you are recording with the drone where is more difficult identify to a person and call inmediately to the police.

As advice, I never flight with people near. When I go to the beach, I flight or very early or very late.
2018-8-16
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Ethan80
lvl.4
Flight distance : 295 ft
Spain
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Hi,
I'm from Spain. Here the drone laws are very restrictive. The penalty are "up to 6000€" anyway in your case, if you are not flying over a lot of people, out of the city, you are not a thread to people security and you colaborate with the authoryties, I hope the penalty will be the lowest one.
Good luck with your denounce, I wish you the best resolution posible.
2018-8-17
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Dan O
lvl.3
Flight distance : 204646 ft
Romania
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Ethan80 Posted at 2018-8-17 00:27
Hi,
I'm from Spain. Here the drone laws are very restrictive. The penalty are "up to 6000€" anyway in your case, if you are not flying over a lot of people, out of the city, you are not a thread to people security and you colaborate with the authoryties, I hope the penalty will be the lowest one.
Good luck with your denounce, I wish you the best resolution posible.

Speaking about strict and stupid laws in my country you may find the top:

1. Take off or landing is forbidden in any city
2. Taking of outside the city is permitted only with acceptance from the local equivalent of FAA
3. Taking off with a drone that has camera and/or telemetry characteristics is allowed only with a 10 days upfront request and the minimum altitude must be 300M, this is in contradiction with aviation laws requesting a max altitude of 120 m.

Basically you cannot fly a drone with camera...on the other hand the authorities have zero knowledge about the rules so people are flying all over the place.
2018-8-17
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Anthony90
lvl.4
Flight distance : 761519 ft
Australia
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Rustic17 Posted at 2018-8-16 10:01
Things I think about based on this incident:
1) I always download my files off the SD card each night before the next day's flying.  That way if I have a fly away or the drone gets confiscated I've only lost that day's data.
2) I always carry the country's drone rules with me...I actually take a picture of them and have on my iPhone...if there is a pdf I download it to my iBooks.  That way I can show the rules to the local police or complaining individual and show them I'm in compliance or was attempting to be.

Great advice agree on all of that when flying!
2018-8-17
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sergio.flor
Second Officer
Flight distance : 798301 ft
Spain
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Ethan80 Posted at 2018-8-17 00:27
Hi,
I'm from Spain. Here the drone laws are very restrictive. The penalty are "up to 6000€" anyway in your case, if you are not flying over a lot of people, out of the city, you are not a thread to people security and you colaborate with the authoryties, I hope the penalty will be the lowest one.
Good luck with your denounce, I wish you the best resolution posible.

I disagree. the spanish law is very similar to others european countries even is less restrictive than oher nearest contries after the last update. The rules are very simple, and AESA only fined when the behavior has been dangerous. Do you know anybody fined ??? I am iin a Telegram group with 500 member and nobody has been fined.
2018-8-17
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wimherman
Second Officer
Flight distance : 208556 ft
Norway
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Also in the Scandinavian countries rules are quite strict and actually based on Aviation rules and Privacy rules But according to the privacy rules they are practised with common sense. And if you follow the quidelines, there is almost no chance of problems. Besides who wants to film ppl while there is so much nature :-)
2018-8-17
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Alex B.
Captain
Flight distance : 4622680 ft

Spain
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Hi everybody
So today is exactly 1 month since that incident with that woman and the police occurred.
And nobody has called me and nobody has sent me any letters either.
So I think it’s safe to say now, that the incident is behind me!
I didn’t break any rules or laws so I’m not getting fined!
I only lost an sd card.
Thanks to each and every one of you for the support you gave me!!!
I really appreciate it! ;)
By the way, I’m flying at the beaches with no issues whatsoever very often, it’s just that it’s another, different beaches!

Fly safely everyone
Alex
2018-9-16
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TioRi
lvl.3

Brazil
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I'm planning to get a Spark soon just too take photos.  Here in Brazil its  pretty strict  pretty  simular e.g. fly 30m away from people etc. We have to register with to organisations  for safety and regulations. There is another  one  that you have to inform if you want to fly. But I've been told by   some Brazilian Droners  that it  depends on situation  and as long as  you're registered with the  Main Two then  you  don't have to make a Request. I'm going to make  more inquiries  in person this weekend.

I'm going  to always carry proof  of Registration  and a   print out of the laws  so people  can learn and understand I'm not doing anything illegal
2018-9-16
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H. Arif - 6IX
First Officer
Flight distance : 258061 ft
Canada
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Oh, crap, that is horrendous, why can't people understand that you are just flying for fun and not to kill people with your god damn blades. Anyway, rant over, and I hope it works out for you. Good luck
2018-9-16
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Ronnie.Choy
Second Officer
Flight distance : 760869 ft
Singapore
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Alex B. Posted at 2018-9-16 10:37
Hi everybody
So today is exactly 1 month since that incident with that woman and the police occurred.
And nobody has called me and nobody has sent me any letters either.

Great news. Happy flying!
2018-9-16
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Flighty
Captain
Flight distance : 1977175 ft
Croatia
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Rustic17 Posted at 2018-8-16 10:01
Things I think about based on this incident:
1) I always download my files off the SD card each night before the next day's flying.  That way if I have a fly away or the drone gets confiscated I've only lost that day's data.
2) I always carry the country's drone rules with me...I actually take a picture of them and have on my iPhone...if there is a pdf I download it to my iBooks.  That way I can show the rules to the local police or complaining individual and show them I'm in compliance or was attempting to be.

for sure this is good advice to follow,, I just wonder if the police are fully aware of the Drone Regulations??
2018-9-16
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spookster
Captain
Flight distance : 419649 ft
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and why don't you get your sd card back? i would always be on the offensive if i did not break any laws/regulations. happy flying.
2018-9-17
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Alex B.
Captain
Flight distance : 4622680 ft

Spain
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Flighty Posted at 2018-9-16 21:09
for sure this is good advice to follow,,  I just wonder if the police are fully aware of the Drone Regulations??

Here the police don’t need to be fully aware of the drone regulations,
As happened in my case, they just passed on the information about the incident to AESA ( Spanish aviation authority)
Because it’s not the police that fines you it’s AESA.

Safe flying all
Alex
2018-9-17
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Alex B.
Captain
Flight distance : 4622680 ft

Spain
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spookster Posted at 2018-9-17 01:05
and why don't you get your sd card back? i would always be on the offensive if i did not break any laws/regulations. happy flying.

I think that it will be very complicated to get it back now or even impossible.
Because I need to go find the corresponding police station,
Ask about the card, as always they won’t know anything about it.
They will probably just say in the end that AESA has it. And AESA will say that the police has it or they won’t know anything about it or how to find it.
Anyway maybe I’ll go ask at the police station that’s here nearby.

Fly safely everyone
Alex
2018-9-17
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