Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2670
School of aviation and air sports activities are subject to the prescriptions of the law 48/1960 of 21 July, air navigation, and law 21/2003, of July 7, aviation safety, providing the latter which is the responsibility of the Ministry of public management of recreational aviation.
The regulation of the flight sports in ultralight and the regime applicable to them centers of flight and schools of ultra-light are currently collected in the order of the Ministry of transport, tourism and communications, of 24 of April of 1986, dictated in development of the Real Decree 2876 / 1982, of 15 of October, by which is regulates the registration and use of aircraft of structure ultralight and is modifies the record of them aircraft private not commercial.
The time elapsed since the adoption of these provisions, together with the constant evolution of this flight activity and the technical advances of ultralight aircraft make it necessary to address the urgent modification of the regime of education and licenses and qualifications for the practice of the flight with ultralights to ensure the maintenance of the safety standards of operation. This Royal Decree is adopted for this purpose.
Are also simplified the requirements for the medical certificates for pilots of aircraft ultralight referring to those laid down by the Regulation (EU) No. 1178 / 2011 from the Commission of 3 November, by which establish the technical requirements and administrative procedures related to the staff of flight of civil aviation under Regulation (EC) No. 216/2008 of the European Parliament and of the Council for the pilot of a light aircraft (LAPL) those that enable to act without compensation as pilot in command in non-commercial operations in aeroplanes and helicopters with a maximum of 2,000 kg DT or lower mass, carrying a maximum of 3 passengers.
Amending Royal Decree 2876 / 1982, of 15 October, whereby regulates registration and use of light aircraft and modifies the registry of non-commercial private aircraft, to adapt his regime as provided in this rule and repealing chapters of the order of 24 April 1986, which regulates ultralight flying They regulate matters subject to development by this Royal Decree.
This Royal Decree is issued on the basis of article 149.1.20. ª of the Constitution, which attributes to the State the exclusive competence in the field of control of airspace, transit and air transport and in accordance with the provisions of the fourth final provision of law 48/1960 of 21 July, on air navigation.
In his virtue, a proposal from the Minister of promotion, with the prior approval of the Minister of finance and public administration (...) the Council of State and after deliberation by the Council of Ministers at its meeting of February 27, 2015, have: chapter I General provisions article 1. Object.
This Royal Decree is to regulate the requirements and the procedure for obtaining the licence and the qualifications for pilots of ultralight teaching requirements and tests to obtain.
Article 2. Definitions.
1 a the effects of this Royal Decree refers to: a) displacement of the Centre of gravity (DCG): particular consideration of the Microlight that subordinated their aerodynamic control the displacement of the Centre of gravity of the whole of the aircraft and occupants.
(b) ultralight license: the meat of crew, title or licence referred to in the Royal Decree 2876 / 1982, of 15 October, enabling its holder to make the recreational activity of flight with ultralights under the conditions and in accordance with the qualifications noted in the same.
(c) ultralight: the motorized gliders falling within one of the categories provided for in article 1 of the Royal Decree 2876 / 1982, of 15 October.
(d) solo flight: one in which the student pilot is the only occupant of the ultralight and which develops the exercises under the supervision of the instructor.
(e) flight time record: document annotation of the flights made by the pilot of ultralight.
2. to the rest of them concepts used in this real Decree you will be of application the definitions of the regulation EU no. 1178 / 2011, of the Commission, of 3 of November of 2011, by which is established requirements technical and procedures administrative related with the personal of flight of the aviation civil under the Regulation (CE) No. 216 / 2008 of the Parliament European and of the Council.
Article 3. Competencies.
Corresponds to the State Aviation Safety Agency, in accordance with the provisions of its statutes, approved by Royal Decree 184/2008, of 8 February: to) issue the licences of ultralight pilots as well as, where appropriate, the suspension or revocation that had place in accordance with the provisions of title V of law 21/2003 , from 7 in July of security air.
(b) record in the licenses the obtaining, revalidation and renewal of them ratings of them pilots of ultralight.
(c) validate the titles and qualifications required for the flight in ultralight granted by States members of the Convention of aviation Civil International.
(d) the inspection aircraft, in accordance with the provisions of titles III and IV of the Act 21/2003, of July 7, air safety.
(e) the exercise of powers to impose penalties in this matter, in accordance with title V of law 21/2003, of July 7.
Chapter II teaching and examinations article 4. Student pilot.
1. to be pilot student requires a minimum age of 16 years and be enrolled in an ultralight flight school authorized by the State Agency of aviation safety.
2 to enroll in an ultralight flight school will need to submit the following documentation: a) a photocopy of the DNI for Spanish citizens, and identification number of foreigner or passport in force, in the case of citizens of the States members of the European Union, of the States part in the agreement of the European economic area or third countries.
It is not necessary to bring a photocopy of the DNI or NIE when the person concerned give consent for verification of identity data through the data verification system established in Royal Decree 522/2006 of 28 April, whereby the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public organizations linked or dependent shall be deleted.
(b) minors must enclose authorization from who holds parental authority or guardianship over the person concerned, with notarial legitimization of signature or legalization by the appropriate diplomatic or consular representation.
((c) medical certificate in force in accordance with the requirements laid down in article 8, point (b)).
3. the ultralight flight schools will issue a document of identification of each enrolled student, which shall also contain the identity of the person in charge of the instruction, and which will expire on the same date as the medical certificate referred to in subparagraph (c)).
The student pilot must carry this document at all times while developing practical instruction.
4. the student pilot will not fly alone, unless, on the occasion of its own instruction, do so under the supervision of a flight instructor that will determine the contents and the limits of the area of flight and control their development. In any case the student pilot can fly only in cross-border flight, nor bring companions, nor even though had left in abeyance the operational limitation regarding the operation out of airspace Spanish, in accordance with the provisions of the Royal Decree 2876 / 1982, of 15 October.
Article 5. Instruction.
1 ultralight flight school authorized by the aviation safety agency will be taught the theoretical training and practical training specifies the type of aircraft or aircraft school available.
2. to obtain the Microlight pilot license, it will be necessary to complete the theoretical and practical instruction required.
(3. the instruction theoretical is oriented to provide a level of expertise theoretical appropriate through tests on them following materials: to) right air (DA).
(b) general knowledge of the aircraft of the type that perform instruction (CGA).
(c) performance (PE).
(d) actions and human limitations (FH).
(e) meteorology (ME).
(f) navigation (NV).
(g) operational procedures (PO).
(h) principles of flight (PV).
(i) communications (COM).
The aviation safety agency will detail the basic contents of each of the materials that make up the program of teaching and published it on its website.
4. the practical instruction will include, on the type of aircraft in which you want to obtain the license, a minimum of fifteen (15) hours of flight training, which will include three hours of solo flight, during which shall be not less than twenty takeoffs and landings twenty and a cross-country flight with a minimum duration of sixty minutes during which a complete stop will take place in a field different from the departure flight.
In the case of aircraft with displacement of Center of gravity, the minimum number of hours of instruction referred to in this paragraph will be ten (10) hours.
5. with character prior to the first flight only, the student will be shown to your instructor the knowledge, both theoretical as practical, of the rules of flight and situations that is can present during said flight.
Article 6. Exams.
1. to obtain the Microlight pilot license, it will be necessary, after completing the theoretical instruction taught by a licensed flight school, overcoming a theoretical examination and a practical examination.
2. the theoretical exam will be type test. Once completed, the theory test will have a validity period of 24 months.
3. the practical examination, will consist of a flight test, whose content will be described by the aviation safety agency and published on its website. It will take place in the presence of an examiner appointed by the aviation safety agency, as provided for in the following article.
For the realization of the practical examination, the student pilot must meet the following requirements: to) have completed the practical instruction referred to in article 4.4.
(b) have passed the theoretical examination and found within the term of validity laid down in the preceding paragraph.
((c) having a minimum age of 17 years old on the date which is carried out the examination, notwithstanding that obtaining the license is subject to compliance with the age requirement laid down in article 8.1, letter a).
d) maintain in force the medical certificate referred to in article 8(1), point (b)).
Article 7. Examiner.
1. the test referred to in paragraph 3 of the previous article will be overseen by an examiner on Board of the aircraft, designated by the State Agency of aviation safety. It corresponds also to the appointed examiner overseeing the flight test for the obtaining and renewal of permits, as provided in the following articles, as well as for the recognition referred to in article 13.2.
2. the aviation safety agency may appoint examiners between those who develop inspection tasks on aeronautics in the service of the State Aviation Safety Agency.
3. also you may appoint examiners between those who have obtained the certificate of examiner, issued by the State Agency for air safety, in accordance with the provisions of this article.
To obtain the certificate of examiner will need to meet the following requirements: to) provide the enabling of trainer ultralight, in force and corresponding to the type of ultralight aircraft which will examine.
(b) provide proof, at least 500 hours as pilot in command and 150 hours as an instructor of ultralight aircraft of the type for which it is enabled.
(c) overcome the standardization course established by the State Agency of aviation safety, whose content will be available on its website.
(d) overcome an assessment of competition, which must be carried out before an appointed examiner of paragraph 2 or an experienced examiner of paragraph 4.
Evaluation of competition will consist of the supervision of a flight test in which the interested party shall act as an examiner, and which will include a briefing and a post-flight analysis.
(e) not having been sanctioned by the aviation safety agency with the limitation, suspension or revocation of the license of ultralight.
4. the examiners certified in accordance with the preceding paragraph may, on request and justification for their experience, be accredited by the aviation safety agency as experienced examiners.
As an experienced examiner accreditation enables to perform, in addition to flight testing provided for in paragraph 1: to) the evaluation of competition to obtain the authorization of examiner, referred to in paragraph 3 d), and b) the evaluation of competition for the obtaining of the ultralight (FI) instructor rating, provided for in article 11.1. c).
5. in the certificate issued is reflect the powers of the examiner, scoring is, when appropriate, the accreditation as examiner experienced. (((He certified will have a validity of three years, and may be revalidado during its period of validity when, besides them requirements expected in them lyrics to) and d) of the paragraph 3, fulfilled them two requirements following: to) have made two tests of flight of them planned in the paragraph 1 in them twelve months previous to the application. In the case of an experienced examiner will be required, in addition, completing a competition assessment.
(b) having done the course of update for examiners taught by the Agency State of security air.
When the examiner certificate had expired, a new certificate will require compliance with all the requirements laid down in paragraph 3.
6 refrain from exercise the functions provided for in this article the examiner who has been instructor of the person concerned or whose impartiality may be affected in any other way".
Chapter III license and ratings article 8. Ultralight pilot licence.
1 are requirements for Microlight pilot license, in addition to accredit training, theoretical and practical, foreseen in this Royal Decree: to) have, at least eighteen years of age.
b) be in possession of a medical certificate issued in accordance with the provisions in the Regulation (EU) No. 1178 / 2011 from the Commission of 3 November of 2011, by which establish technical requirements and administrative procedures related to the staff of flight of civil aviation under Regulation (EC) No. 216/2008 of the European Parliament and of the Council for light (LAPL) including aviation pilot license certificates, which is application, the limitations provided in the.
2 ultralight pilot license, always that is accompanied by the health certificate provided for in article 8(1), point (b)), in force, allows the holder to act as pilot in command of any ultralight that is properly enabled.
3. the licence will be issued, upon request of the person concerned, by the aviation safety agency once overcome the theoretical and practical tests referred to in chapter II. (The interested must accompany the application of the certified medical intended in the article 8.1, letter b), in force.
The qualifications obtained by the owner shall be inserted in the ultralight pilot licence.
4. the holder of the Microlight pilot license must carry and keep updated a register of flight time, according to the model published by the aviation safety agency on its website.
5. the license may forward only when at least one of the qualifications systems of fixed wing (MAF), displacement of the Centre of gravity (DCG), helicopters (H), Autogyros (AG) or seaplane (HD) are in force.
Article 9. Ratings.
1 establish the following qualifications: to) fixed wing (MAF) systems.
(b) displacement of the Centre of gravity (DCG).
(c) autogyros (AG).
d) helicopter (H).
(e) seaplane (HD).
(f) instructor (FI).
(g) radio Communicator (RTC).
2 the qualifications referred to in paragraph 1, letters to) to f), both inclusive, embedded in the ultralight license, have a validity of two years, and must be revalidated or renewed, as appropriate, by identical biennial periods. Enabling radio Communicator has an indefinite validity, as long as keep in force any authorization provided for in the letters to) to e), both inclusive, of paragraph 1, in the terms referred to in article 12(2).
Article 10. Enabling systems of fixed wing (MAF), displacement of the Centre of gravity (DCG), Autogyros (AG), helicopters (H) and seaplane (HD).
1. to obtain the Microlight pilot license, is inserted into the same enabling corresponding to the mode of aircraft in which pilot student has completed the flight received theoretical instruction and practice.
2 to obtain a separate Habilitation, ultralight pilot shall have completed, in the type of ultralight whose empowerment seeks to obtain, at least: a) the theoretical and practical instruction appropriate to that type of aircraft, by an ultralight flight school authorized by the State Agency of aviation safety.
(b) five-hour flight.
(c) a flight test before an examiner appointed by the aviation safety agency, as provided for in article 7. Before carrying out the test, the applicant must answer the questions ask the examiner on the operation and management of the aircraft.
3. to renew until expire allotments MAF, DCG, AG, H and HD, the person concerned must demonstrate on your record time of flight or by certificate issued by an ultralight flight school, five hours of flight in the twelve months prior to the request.
4. to renew expired MAF, DCG, AG, H and HD allotments, the interested party must take a test flight before an examiner.
5. both to renew to renew a Habilitation, will be absolutely necessary have the medical certificate in force provided for in article 8.1, letter b).
Article 11. Enabling of ultralight (FI) instructor.
1 for the empowerment of ultra-light instructor is required: to) pilot's license of ultralight, enabling force of the type of ultralight that aims to provide the education and, where appropriate, enabling radio Communicator.
(b) prove, in his record of time of flight or by certificate issued by a school of flight of ultralight, two hundred hours of flight in the type of ultralight in which aims to impart the instruction.
(c) overcome them tests theoretical and practices of the course's instructor of ultralight, whose content is approve by the Agency State of security air and is published in its website.
Both the test theoretical as the examination practical is carried out before an examiner appointed by the Agency State of security air, that must be an examiner of the article 7.2 or an examiner experienced of the article 7.4.
Practical examination will consist of an assessment of competition to demonstrate the ability of the person concerned in instructing the level required to obtain the licence or corresponding qualification.
2. the holder of the ultralight Instructor rating may impart theoretical and practical instruction in a school in ultralight, only in the type of ultralight concerning his Habilitation. To be able to impart instruction in another type of ultralight, will need to comply with the following requirements: to) possess the qualification corresponding to the type of ultralight concerned, which shall be in force; and (b) certify, in its record of time of flight or by certificate issued by an ultralight flight school, a minimum of 200 hours of flight in this type of ultralight.
3. to revalidate the empowerment of instructor (FI), the applicant must demonstrate, on your flight time record, a minimum of five hours of flight instruction in a licensed school, taught in the twelve months prior to the application, in each of the types of ultralight aircraft for which it is enabled as an instructor.
4 to renew expired instructor enabling or when not to register minimum of hours indicated in the preceding paragraph, the person concerned shall be: to) attend the update seminar for instructors of the State Agency of aviation safety.
(b) certify, by a certificate issued by a flight school of ultra-light, who has taught, at least three hours of theory classes at the school under the supervision of the instructor.
(c) certify, by a certificate issued by a flight school of ultralight, he has done, at least five hours of flight in which the interested party do the work of instructor and the instructor of the school make the work of student pilot.
d) overcome the competition assessment refers to which paragraph 1 c).
Article 12. Habilitation of radio Communicator (RTC).
1 for radio Communicator enabling the interested party will have to prove: to) own license pilot of Microlight, with at least one qualification, in force.
(b) have passed radio Communicator of ultralight course, approved by the State Aviation Safety Agency and published on its website, which will include a theoretical and practical exam.
2 enabling radio Communicator allows you to use the air band to establish the necessary aeronautical communications for the realization of the practice of flying.
Renewal or revalidation of enabling radio Communicator will be automatic when either revalidated or renewed any of the qualifications provided for in article 9(1), lyrics to) to e), both inclusive, associated with the license.
Article 13. Validations.
1. any holder of a microlight pilot licence issued outside of Spain may request of the State Agency of aviation safety validation of your license with the qualifications to take part, without prejudice to the provisions of paragraph 4. To obtain recognition, the person concerned shall prove: to) own Microlight into force pilot license.
b) dispose of the medical certificate referred to in article 8(1), point (b)), in force.
(c) if license does not insert any Habilitation, the pilot must demonstrate a minimum of 40 hours of flight in the type of ultralight (MAF, DCG, AG, H, HD) corresponding to habilitation to be inserted in the license.
(d) take a test flight before an examiner appointed by the aviation safety agency, as provided for in article 7.
2 pilots licensed private pilot (PPL), commercial (CPL) airplane pilot and (ATPL) airline transport pilot requesting recognition for licensing of ultralight aircraft, which will be inserted allotments MAF or H, as applicable, must prove that: to) have in force pilot license.
b) dispose of the medical certificate referred to in article 8(1), point (b)), in force.
(c) have made, in a school of ultra-light, at least, three hours of instruction practice, of which a will be of flight only, in the type of ultralight whose habilitation intends to score in the license, or alternatively, have exceeded a test of flight before an examiner.
For accredit the realization of it instruction practice to makes reference this paragraph, the interested will provide a certified issued by the school of ultra-light in which must do is recorded, also, that that known them procedures operating and of emergency and has it training corresponding to the type of ultralight of that is try.
3. the ultralight pilots who possess the Organization of International Civil Aviation (ICAO) pilot license in force may request the inclusion of enabling national radio Communicator (RTC) in your ultralight license.
4. in no event enabling ultra-light (FI) Instructor can validate.
Chapter IV other provisions article 14. Procedure.
1. to obtain certifications, approvals, licenses, authorizations, validations and the rest of the authorizations provided for in chapters II and III, the interested party must send a written request to the State Security Agency air accompanied by supporting documentation for the compliance with the requirements provided for in this Royal Decree.
In those procedures in which the interested party must overcome a flight test or a competition assessment, the application shall be submitted within a maximum period of 2 months from the overcoming of the test.
2. the period to resolve shall be three months from the date of application.
In the case of the procedures provided for in chapter II, within this period without having given judgment expresses, the request should be understood estimated by administrative silence.
In the case of the procedures provided for in chapter III, after a period of three months without having given judgment expresses, the request should be understood refused by administrative silence negative, subject to the exception in the twenty ninth additional provision of law 14/2000, of 29 December, measures fiscal, administrative and Social order for the procedures on expedition renovation, renewal and recognition of diplomas and licensing of pilots, helicopter pilots, drivers of sport aviation and mechanics on board and the procedure on authorizations and approvals of flight personnel.
The resolutions of the State Aviation Safety Agency put an end to the administrative procedure in the terms provided for in article 4 of its Statute, approved by the Royal Decree 184/2008, of 8 February.
Article 15. Entities collaborating.
In accordance with the provisions of article 26 of the law 21/2003, of July 7, air safety, air safety State agency may be authorized to persons and entities to carry out, for the purposes of this Royal Decree, the activities referred to in article 26 of this law.
The procedure claim and appeal against the actions of the Collaborating entities shall be that laid down in article 26.5 of law 21/2003, of July 7, air safety.
Sole additional provision. Containment of the expenditure public.
The measures included in this real Decree not can assume increase of endowments or of remuneration or of others expenses of personal.
First transitional provision. Replacement of the card's Alumno-Piloto.
Them cards of Alumno-Piloto force to the entry in force of this real Decree will continue being valid until expires its period of validity, without need of be replaced by the document of identification planned in this real Decree.
In accordance with it previous, to the expiration of the period of validity of the card, their holders must request it expedition of the new document, in them terms and conditions provided in this real Decree.
Second transitional provision. Licenses issued with prior to the entry in force of this Royal Decree.
1. from the entry into force of this Royal Decree, all licenses, with the qualifications to take part, will be issued in accordance with the provisions of this Royal Decree.
Exceptionally, to who having passed the theoretical and practical exams prior to the entry into force of this Royal Decree requested the issuance of the licence subsequent to its entry into force, shall be issued the license under the regime prior to the entry into force of this Royal Decree. The license issued will be subject to the provisions of paragraph 2.
The person concerned that the entry into force of this Royal Decree had only passed the theoretical examination, not may enforce it for the realization of the practical examination and subsequent obtaining of license regulated by this Royal Decree.
2. the licences issued before the entry into force of this Royal Decree remain valid, with the same powers and qualifications and, if necessary, limitations that were granted, during the period of one year from the entry into force of this Royal Decree.
During the above-mentioned period of one year, shall be the revalidation or renewal of permits, and must be as provided in the following section for the issuance of a new license.
3. before the expiration date within a year to the preceding paragraph refers, the holders of licences issued prior to the entry into force of this Royal Decree shall request the State Agency of aviation safety the issuance of a new license pursuant to the provisions of this Royal Decree, for what must prove in his flight log or by a certificate issued by a flight school of ultra-light, a minimum of 20 hours of flight in the type of ultralight aircraft corresponding to the rating that you want to insert in the license. In the case of licences bearing inserts enabling of Instructor (FI), it will be necessary, moreover, prove, through a certificate issued by an ultralight flight school, at least 5 hours of instruction in the appropriate aircraft type.
Without prejudice to the provisions of the preceding paragraph, a national radio Communicator enabling holders may apply for automatic conversion into enabling radio Communicator (RTC) regulated in this Royal Decree, provided they have at least one MAF, DCG, AG, H or HD habilitation in force.
Third transitional provision. Theory test.
Until by order of the State Aviation Safety Agency issued as provided in the fifth final provision requirements are established to overcome understand the theory test type test laid down in article 6(2), to overcome this review must answer at least 75% of the questions correctly, and they do not penalize the questions answered incorrectly.
Repealing provision. Rules repealing.
Chapters IV to VIII, both inclusive, of the order of 24 April 1986, by governing ultralight flight, as well as any other rule of equal or lower rank in what is contrary to the provisions of this Royal Decree shall be repealed.
First final provision. Modification of the Royal Decree 2876 / 1982, of 15 October, which regulates registration and use of light aircraft and the registration of non-commercial private aircraft is modified.
The following changes are introduced in the Royal Decree 2876 / 1982, of 15 October, which regulates registration and use of light aircraft and modifies the registry of non-commercial private aircraft: one. The fourth article shall be deleted.
Two. Adding a single additional provision read as follows: «sole additional provision. Update of references.
References in this Royal Decree to crew member licence must be understood made to the ultralight pilot licence and those relating to the Secretariat of Civil Aviation must be understood made the State Agency of aviation safety.»
Second final provision. Skill-related title.
This Royal Decree is issued under cover of the exclusive jurisdiction attributed to the State article 149.1.20. ª of the Constitution in terms of traffic and air transport.
Third final provision. Enabling legislation.
1 enabled to the Minister of public works to issue rules for the development of the provisions of this Royal Decree.
2. the Director-General of Civil Aviation may approve by circular aeronautical provisions of secondary and technical in order to clarify, complete and ensure the most effective implementation of this Royal Decree, for which purpose, shall take into account requirements and recommendations adopted by the International Civil Aviation Organization and international organizations that form part of the Spanish State.
Fourth final provision. Execution and implementation.
The State Agency of aviation safety within the scope of its competences, shall take the measures necessary for the implementation and enforcement of the provisions of this Royal Decree.
Available to finish fifth. Entry in force.
This Royal Decree shall enter into force two months after its publication in the «Official Gazette».
Given in Madrid, the 27 of February of 2015.
The Minister of promotion, ANA MARÍA PASTOR JULIÁN
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