# The Use of Drones in Spain: Towards a Platform for Controlling UAVs in Urban Environments
## 3 Current Legislation in Europe Regarding UAVs and Its Legal Transposition into Spanish Law
Similarly, proceduralists should be called to clarify all issues, such as the use of UAVs as a source of evidence or their use within the limitsset by the jurisdiction of each state: solving this issue is a priority when environmental crimes, such as arson, occur on transboundary lands. However, current legislations do not deal with the use of aircraft in the correct order. Law 18/2014, or Royal Decree 601/2016, of 2 December, which approves the Regulation on Operational Air Traffic, dedicating its Ninth Book to unmanned aerial systems [13]. As [PERSON] described about Law 18/2014, \"it is far from establishing a complete legal regime that would facilitate the integration of these aircraft, the rules it provides for rules are partial and incomplete\" [12]. This law has been updated recently, making Spain a pioneering legal system in UAV legislation. Since 15 November 2017, the new Royal Decree allows the use of UAVs at night and their flight over urban areas, which had until then been prohibited. Spain now has a much more inclusive and flexible regulation that at the same time seeks to preserve the rights and privacy of every citizen. The Royal Decree 1036/2017 of 15 December 2017 came into force in 2018 upon the publication of the \"Strategic Plan for Drones\", a regulatory framework drawn up by the Spanish Ministry of Public Works. This new legislation regulates the civil use of remote-controlled aircraft by private individuals for recreational and leisure purposes, while also incorporating provisions for the use of these devices by the Judicial Police. These changes have led us to a new procedural status: the purpose of using drones is to collect audiovisual evidence which may only be acquired by respecting the fundamental rights of those under investigation. Moreover, for such evidence to be valid, it must fulfill a series of characteristics, without infringing procedural guarantees and principles. Despite this beneficial legislation, we believe the regulations of all countries should encompass not only civil, but also criminal and procedural aspects, which would establish regulations for the use of drones in police investigations or by different branches of government. This would be important as by 2019 Brussels is planning to create \"Uspace\" [14], a European controlled space for drones flying above 150 m in height and weighing less than 150 kg. It seems that future European legislation will already address fully automated models, i.e., models that operate without a remote control and are equipped with safety measures to avoid obstacles and collisions, in the same way as intelligent cars. These last-mentioned issues are still outside our regulations, since, as we indicated, it is only designed for remotely piloted aircraft and where automation by means of artificial intelligence does not apply. Initially, this space will not affect the drones regulated under this legislation, since it will not be designed for drones that incorporate artificial intelligence technology and that will have sensors to detect obstacles and thus perform a free flight [15]. Thus, a complete regulation would specify the use of RPAS by different subjects. Professionals and legal operators would be able to use these devices as technological research diligences, and civilians would only use them for leisure or recreational purposes. However, in all cases, these would be civilian drones, capable of taking images and filming. They incorporate specialized technology such as thermographic scanners. All these issues make us think of the legal implications of drones. The UAV as Evidence in Court Reflections on Its Incorporation into the Legal Process According to Spanish Law  
UAVs can also be used in crime investigations, for making photographic or video documentations of the crime scenes. They are effective tools that allow performing a proper examination of the scene and obtain evidence quickly. Such electronic evidence can help determine the circumstances of the crime or identify the perpetrator.