Exceptional, justified and permanent suspension of operating limitations for ultralight aircraft (ULM) and other aircraft referred to in Article 2 of RD 765/2022 (free flight VLB)

Light structure aircraft (ULM) operations are subject to specific requirements set out in Article 4 of Royal Decree 765/2022 of 20 September 2022 regulating the use of ultralight motorised aircraft (ULM). Other requirements include the following:

Article 4(1). Ultralight operations must take off and land from aeronautical infrastructures that comply with the applicable regulations and be carried out in compliance with the following operational requirements and limitations:

operate outside controlled, restricted, prohibited airspace over activated hazardous areas, urban areas and agglomerations of persons; and

However, the rule establishes in Article 4.3 that, exceptionally and on a justified basis, the State Aviation Safety Agency may suspend some of the operational limitations established in Article 4.1 referred to above, upon request of the interested party addressed to the Agency, in which the justification for the suspension is demonstrated.

Article 2(2) of the regulation also states: ‘Furthermore, for the purposes of this Royal Decree and its implementing legislation, the following are not considered ultralight (ULM):

a)     Non-motorized aerodynamics (planners, including motorized or motorized gliders, understood as those equipped with one or more engines that, with inactive engines, have the characteristics of a glider, delta wings, paragliders, or the like), whatever their weight;

b)     motorised paragliders or paramotors, meaning paragliders fitted with auxiliary propulsion systems, whether supported by an occupant or by an accessory structure;

c)     motorised or non-motorised aircraft, the take-off or landing of which requires the direct physical exertion of any occupant, including when equipped with an auxiliary propulsion system to facilitate take-off;

(d)     wingsuits; and

any other aircraft whose total take-off weight, minus the weight of the pilot, is less than 70 kg.

However, Article 4(1)(a), (b), (c), (d) and (e) and Article 4(3) shall apply to the operation of such aircraft and forms of flight (referred to as free flight (VLB).

Therefore, as in the previous case, exceptionally, for justified reasons and following a reasoned request to the State Aviation Safety Agency (AESA), some of the aforementioned operational limitations may be suspended.

The following are the guidelines setting out the requirements to be met by the request for the exceptional, permanent and justified suspension of any of the operational limitations referred to in Royal Decree 765/2022 of 20 September 2022 relating to operating within controlled airspaces and/or restricted or dangerous zones due to military activity, as well as the application forms to be used for each case.

• Application for ULM:
  • EA-ULM-P01-GU01-GUY for justified request for exceptional and permanent suspension of operational limitation for ULM.
  • EA-ULM-P01-F01-FORM Format for justified request for exceptional and permanent suspension of operational limitation for ULM.

• Application for free flight devices:
  • EA-VLB-P01-GU01-GUY for justified request for exceptional and permanent suspension of operational limitation for free flight (VLB)
  • EA-VLB-P01-F01-FORM Format for justified request for exceptional and permanent suspension of operational limitation for free flight (VLB).

To request the suspension of the operating limitations indicated in both cases, the following processes defined in the Electronic Headquarters can be used:

• Application for suspension of operational limitation for ultralights (ULM) within controlled airspaces and/or restricted or dangerous zones for military activity, on a permanent basis, on justified grounds and on an exceptional basis.
• Application for suspension of an exceptional nature of operational limitation and permanently for free flight (VLB) within controlled airspaces and/or restricted or dangerous zones for military activity, on a permanent basis, on justified grounds and on an exceptional basis.

For specific queries you can use the email: ulm.na.aesa@seguridadaerea.es

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