Check that out ,
This was my answer from Director of Civil Aviation
Dear Mr Dalmedo
Thank you for your e-mail.
I regret the circumstances in Gibraltar, due to the congested nature of Gibraltar and the fact the area is a special area of environmental conservation, do not permit the CAA Drone Code to be employed in Gibraltar. As a result, all drone operators, be they commercial or recreational, are required to obtain permission from this Office and the Department of the Environment if flying a drone outdoors – please note this Office will coordinate all requests through the Ministry of Environment and will obtain the required environmental clearance. Permissions normally only allow flying from selected launch points and require that the drone remains over the sea at all times, except when taking off and landing.
For your information, I am also including below a standard information letter detailing the legal and practical requirements related to flying UAVs in Gibraltar.
Should you decide to continue to obtain a work permit please find below the link to find Companies that can provide the necessary proof of pilot competence:
Information on Companies offering UK CAA approved courses can be found at the following link - these courses will be acceptable as proof of pilot competency in Gibraltar - https://www.caa.co.uk/Commercial-industry/Aircraft/Unmanned-aircraft/Small-drones/Guidance-on-using-small-drones-for-commercial-work/
Information on Companies offering Spanish CAA approved courses can be found at the following link - these courses will be acceptable as proof of pilot competency in Gibraltar - https://www.seguridadaerea.gob.es/media/4357563/listado_atos_rpas.pdf
I hope this information is helpful, please feel free to call if you have any doubts regarding this information.
Director of Civil Aviation
HM Government of Gibraltar
Suite 631, Europort
Tel: + (350) 20061174
Mobile: + (350) 56000050
HM Government of Gibraltar
Office of the Deputy Chief Minister
Dear Sir / Madam
As you will probably be aware Gibraltar is very small, has an International Airport and a population density of over 11,000 people per square mile. Moreover the majority of the territory is composed of the slopes of the Rock itself, where very few people live, as it is an area of special environmental conservation and no drone flying is permitted without the permission of this Office and the Ministry of Environment. For all of these reasons, there is a requirement to obtain a permit to operate a drone in Gibraltar from this Office regardless of whether the drone is being flown commercially or recreationally.
Permits normally only allow UAV flying from selected launch points and with the additional stipulation that the drone remains over the sea at all times apart from take-off and landing.
To obtain permission the following information / documents would need to be provided to this Office at the earliest possibility:
Proof of identity of the drone operator;
Proof of insurance for the UAV, which provides cover for the filming activity to be undertaken;
Proof of the pilot’s competence to operate the equipment safely, such as a UK or Spanish Civil Aviation Authority recognised pilot accreditation, or similar:
A map showing the planned route /area to be overflown, and the launch and recovery areas - together with a safety case demonstrating that consideration has been given to the safety risks of operating the drone in the areas chosen.
Any route planned in Gibraltar would have to take into consideration the Gibraltar legislation on the subject, which is covered in the Civil Aviation (Air Navigation) Regulations 2009 and the pertinent Articles are reproduced below;
“Any person operating an aircraft shall not recklessly or negligently cause or permit an aircraft to endanger any person or property”.
If this Office believes that danger may be caused, then Article 98 of the Regulations permits the Director of Civil Aviation to direct the operator of the aircraft that the aircraft shall not be flown.
51.(1) A person must not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small unmanned aircraft so as to endanger persons or property.
(2) The person in charge of a small unmanned aircraft may only fly the aircraft if reasonably satisfied that the flight can safely be made.
(3) The person in charge of a small unmanned aircraft must maintain direct, unaided visual contact with the aircraft sufficient to monitor its flight path in relation to other aircraft, persons, vehicles, vessels and structures for the purpose of avoiding collision.
(4) The person in charge of a small unmanned aircraft which has a mass of more than 7kg excluding its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight, must not fly the aircraft–
(a) in Class A, C, D or E airspace unless the permission of the appropriate air traffic control unit has been obtained;
(b) within the aerodrome traffic zone of Gibraltar airport during the notified hours of watch of the air traffic control unit at Gibraltar airport unless the permission of that unit has been obtained;
(c) at a height of more than 400 feet above the surface of the ground above which that aircraft is flying, unless it is flying in airspace described in (a) or (b) and in accordance with the requirements for that airspace.
(5) The person in charge of a small unmanned aircraft must not fly the aircraft for the purposes of aerial work except in accordance with a permission granted by the Director.
51A.(1) The person in charge of a small unmanned surveillance aircraft must not fly the aircraft in any of the circumstances described in sub-regulation (2) except in accordance with a permission granted by the Director.
(2) The circumstances referred to in sub-regulation (1) are–
(a) over or within 150 metres of any congested area;
(b) over or within 150 metres of any organised open- air assembly of more than 1,000 persons;
(c) within 50 metres of any vessel, vehicle or structure which is not under the control of the person in charge of the aircraft; or
(d) subject to sub-regulations (3) and (4), within 50 metres of any person.
(3) Subject to sub-regulation (4), during take-off or landing, a small unmanned surveillance aircraft must not be flown within 30 metres of any person.
(4) Sub-regulations (2)(d) and (3) do not apply to the person in charge of the small unmanned surveillance aircraft or a person under the control of the person in charge of the aircraft.
(5) In this regulation a small unmanned surveillance aircraft means a small unmanned aircraft which is equipped to undertake any form of surveillance or data acquisition.”.
“small unmanned aircraft” means any unmanned aircraft, other than a balloon or kite, having a mass of not more than 20kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of the flight;
Please note further information is available on the Civil Aviation Page of the Government of Gibraltar website Drones | Government of Gibraltar.
Further to a similar request for information on the recreational use of drones in Gibraltar the Gibraltar Regulatory Authority responsible for data protection provided the following advice;
I understand that there is an intention to operate a small unmanned surveillance aircraft (“SUSA”) that will record images. I also understand from the “subject” of the email that it is intended for commercial use. In the following we provide some general advice on the recording of images and Data Protection based on the information provided.
The Data Protection Act 2004 (“DPA) regulates the use of personal data, in particular data which relates to living individuals who can be identified. As a consequence, recognisable images captured by a SUSA are personal data and are subject to the provisions of the DPA.
SUSAs are considered to have a high potential for intrusion by the recording of images of individuals unnecessarily. Therefore, we advise that there is a strong justification for their use and that it is used only where necessary and in a proportionate manner. The operator should ensure that appropriate measures are put in place to ensure compliance with the DPA e.g. switch the recording on and off in accordance with the purposes of the recording. Recording should not be continuous if it is not required.
One of the challenges of SUSAs is the requirement to inform individuals that they are being recorded. Efforts must be made to inform the public. An example may be the wearing of a highly visible clothing identifying yourself as the SUSA operator, placing signage in the area you are operating the SUSA explaining its use, and having a privacy notice on a website that you can direct people to so they can access further information.
Notwithstanding the above, the DPA is not applicable if individuals cannot be identified from the footage, due to, for example the fact that the footage quality means the individual cannot be identified. Where high resolution/quality images are not necessary, we generally advise that the quality of the footage is reduced.
In any case, even where low quality images are used, we advise that the DPA be taken into account, particularly if there is a risk that people can be identified from the footage or via various other means.
Our advice is, without prejudice, and based on the information provided. Please advise if you feel we have misunderstood or misrepresented the circumstances of the case, and feel free to comment and/or elaborate where necessary.
Please feel free to contact me if you wish further information or to discuss the information provided in this e-mail.
From: Manuel Dalmedo firstname.lastname@example.org
Sent: 18 April 2018 20:58
To: DCA email@example.com
Hi … I am a responsable drone pilot, I am from Gib and I know what the situation is there after researching on the use of a drone in Gib, I guess there are no exemptions on the use of the drone. Here in UK I keep to CAA Drone Code, I usually stay in Both Worlds, I spend time there in October and June, June could be busy, but I have been there when it’s not, if I keep to the CAA The Drone Code would it still be a problem on me using it just to take a few snap shots and video from a safe distance.