Drones are becoming popular in all spheres of life, also for identifying graves in cemeteries or tracking vehicles. Have you asked yourself if it is legal or not for drones to be flying over houses? The South African Aviation Authority (SACAA) has recently announced regulations on where drones may be flown and by who. According to Kabelo Ledwaba inappropriate and illegal use of drones, or remotely piloted aircraft (RPA) systems can land owners in jail or with a hefty R50 000 fine, or both.
Contrary to popular misconception, it is not illegal to operate a drone in South Africa. Popular as they are, drones are not toy aircraft. “The confusion about the two has led to many people unintentionally breaking aviation and other laws. These accidental incidences can leave one with a fine or a criminal record.
It is crucial that RPA owners should make an effort to familiarize themselves with RPA laws, which in certain instances are applicable to all types of aircraft, including toy aircraft, model aircraft and a remotely piloted aircraft,” Ledwaba said.
The SACAA describes an RPA as an unmanned (or pilotless) aircraft which is piloted form a remote pilot station, excluding model aircraft and toy aircraft. “On the other hand, a toy aircraft is defined as a product falling under the definition of aircraft, but which is designed or intended for use in play by children.
The SACAA describes another category termed model aircraft which relates to a non-human-carrying aircraft capable of sustained flight in the atmosphere and used exclusively for air display, recreational use, sport or competitions,” he said.
Ledwaba stated that as much as drones are cool gadgets, they also pose risks and if not operated in line with applicable laws may cause a collision with other aircraft, with possibly fatal results.
“Drones can also cause damage to property of injury to members of the public. Moreover, individuals who use RPAs in an irresponsible manner may also face legal liability for breaking laws enforceable by other authorities, for instance, laws pertaining to privacy,” Ledwaba said.
Don’t fly yourself into a legal storm
Do’s:
- Always fly-operate remotely piloted aircraft or toy aircraft in a safe manner.
- RPAs or toy aircraft should always remain within the visual line of sight.
- Fly/operate an RPA in daylight and clear weather conditions.
- Inspect your device before each flight.
The SACAA also urges RPA pilots and operators to adhere to the limitations and restrictions as outlined in the regulations, notably that:
- the RPA should be in a fit-to-fly condition with the relevant authorization;
- the person flying the RPA is the holder of a valid Remote Pilot’s Licence;
- the aircraft is not flown in a formation or swarm;
- the aircraft is not flown 400 ft (approximately 120 m) above the surface or within a radius of 10 km from an airport;
- the aircraft is not flown adjacent to or above a nuclear power plant, prison, police station, crime scene, court of law, national key point or strategic installation.
Don’ts:
Do not, through act or omission, endanger the safety of another aircraft or person therein or any person or property through negligent flying/operation of RPAs, or toy aircraft.
Do not fly/operate RPAs or toy aircraft 50 m or closer from:
- any person or group of people (like a sport field, road races, schools, social events, etc);
- any property without permission from the property owner.
Unless approved by the SACAA, do not fly/operate RPAs or toy aircraft:
- near manned aircraft;
- 10 km or closer to an aerodrome (airport, helipad, airfield);
- weighing more than 7 kg;
- in controlled or restricted or prohibited airspace.
However, private or recreational users of RPAs are not required to undergo the same certification process as other operational categories provided that there is no exchange of favours or any form of financial gain in exchange for flying.
SACAA urges the public to report those errant individuals or entities to the SACAA or the SAPS for investigation and enforcement action.