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Saturday, 26 August 2023

Irresponsible Derby Drone Pilot Flew in Restricted Air Space

An irresponsible drone pilot has been left with an expensive bill after breaking a number of flight rules.

Daniel Cesare, 36, of Oakfields Grove, Spondon, Derby, admitted seven drone-related offences when he appeared at Southern Derbyshire Magistrates' Court on Friday, 25th August 2023.

He also asked for an additional thirteen offences to be taken into consideration.

There is a plethora of legislation pertaining to the flying of drones, most of which is helpfully summarised on the Civil Aviation Authority website. It is not just a case of charge up the batteries and off you go, although Cesare clearly thought it was something like that.

Cesare admitted:

  • Two offences of flying an unmanned aircraft in a flight restriction zone without permission;
  • Two offences of failing to comply with the maximum operation height;
  • Two offences of failing to keep an unmanned flight in sight;
  • One offence of contravening the requirement to display a registration number.

Magistrates heard that the first offences took place on Friday, 9th June 2023, when Cesare took his DJI Mavic 2 drone for a spin over the site of the Download Festival, at Donnington Park, only one kilometre to the west of East Midlands Airport.

Subsequent analysis of Cesare's drone confirmed he was operating from King's Mills Lane, Weston-on-Trent, some 821 metres away from the festival and well out of sight. He should not have flown more than 1,640 feet (500 metres) away from his operating location. He also flew the drone at a maximum altitude of 1,637 feet (499 metres), which was more than four-times the limit of 400 feet (122 metres).

The following day, Saturday, 10th June 2023, Cesare flew his drone for a second occasion over the Download Festival. This time he operated from Shardlow Road, Ashton-on-Trent, some 5,479 feet (1,670 metres) away and well out of sight. He also operated the drone at a maximum height of 1,640 feet (500 metres), which again was more than four times the limit.

Specialist drone enforcement officers from Derbyshire Constabulary were able to detect and trace Cesare's drone on 10th June and arrested him at the location he was operating from. They seized his drone, which did not have the required registration mark displayed on it.

Addressing the bench, Cesare said: "I wasn't aware of the restrictions and laws.

"I should have researched more. It was a new hobby to me."

Presiding Justice Guy Wildgoose JP told him that "ignorance of the law is no defence whatsoever".

Mr Wildgoose added: "You were operating in the Weston-on-Trent and Shardlow area and you can't have been unaware of the proximity of East Midlands Airport."

Cesare was fined £1,008.

He was also ordered to pay £403 surcharge and £85 towards prosecution costs.

Additionally, exercising their powers under section 153 of the Sentencing Act 2020, Magistrates made an order depriving Cesare of his drone and mobile phone.

PC Stephen Booth said: "Cesare showed, on two occasions, a complete disregard for the rules around flying a drone. Twice he took his aircraft into the restricted airspace of East Midlands Airport, on the first occasion as a plane was in the process of landing.

"He also showed disregard for the tens of thousands of people attending the Download Festival and their safety, flying the drone out of his line of sight ran the risk of him losing control of that aircraft which could’ve had catastrophic consequences.

"Laws surround the flying of a drone for a reason, they are to keep the pilot and those around the flight path as safe as possible. This sentence proves the courts take those who ignore the law seriously, as do we, and we will continue to bring those who flout the rules to justice."

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