Drones or no Drones?
We all have seen the fantastic drones on the market and the beautiful pictures it can take.
Drone flying is legislated by the South Africa Civil Aviation Act (Act 13/2009). Although this legislation only made provision for Unmanned Aircraft Systems (aircraft that is piloted from a remote pilot station like drones) since 2015.
However there are many things you need to know and keep in mind when flying your drone.
Firstly there is difference between flying for recreational purposes (private use) and for commercial purposes ( or commercial interest or for commercial gain).
If you fly for personal and private purposes the pilot must still be aware of all the requirements relating to privacy and other laws by any other authorities but you do not need to have a licence.
If you fly for commercial use or for commercial gain you however need to get a Remote Pilot Licence and you need to register your drone as a Remotely Piloted Aircraft. As soon as you earn remuneration directly or indirectly from flying a drone it will be seen as being used for commercial use.
No drone may weigh more than 7kg and no drone may fly in controlled, restricted or prohibited airspaces. This will include crime scenes, courts, power stations, hospitals and even SANParks. Please look at the no-fly zone map provided on the internet as these no-fly zones may be extended to certain or specific other areas.
It is also important to note that drones may not be used 10km or closer to an airport. Here it is also very important to confirm if your local municipality has any additional by-laws restricting the no fly zones for drones. Furthermore you need to keep the drone at least 50m away from people in public places and or your neighbours property. This is to protect the privacy of the homeowners (neighbours) and his or her family so please ensure you respect the privacy of any person and even more so when capturing images or videos of people.
As mentioned all drones must be used in a safe and proper manner and you must at all times have sight of your drone. This also then prohibits flying a drone at night. Unless if you have obtained the approval from the Director of Civil Aviation, you may not fly the drone higher than 120m.
Recently there was a court case stating drones cannot be used for fishing either. In the court case of Gannet Works (Pty) Ltd and Others v Middleton Sue NO and Another the court had to decide if the use of remote-controlled motorised equipment for purposes of recreational angling is authorised by the Marine Act (Act 18 of 1988) and its regulations. In terms of the Marine section 44 of this act it states that:
(1) No person shall-
(a) use, permit to be used, or attempt to use any explosive, fire-arm, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish, or of in any way rendering fish to be caught more easily;
(b) carry or have in his or her possession or control any explosive, fire-arm, poison or other noxious substance for any of the purpose referred to in paragraph (a); or
(c) engage in a fishing or related activity by a method or in a manner prohibited by the Minister by notice in the Gazette.
The Deputy Director General issued a notice preventing the use of motorised devices (like bait carrying drones) when fishing. This notice caused a company that made these drones to lose money as their customers cancelled their orders.
The court interpreted the legislation and looked at the definition in the Act of Angling which reads as follows:
‘Angling’, on the other hand, is defined in the regulations as ‘recreational fishing by manually operating a rod, reel and line or one or more separate lines to which no more than ten hooks are attached per line’.
The court decided that the key word in the definition is “manually” which means by hand and not automatically or electronically.
The court dismissed the case which confirmed that you are not allowed to “angle” using drones.
So please be aware when flying drones not just as to the safety of the drone and everyone else around you but also about the legislation and by-laws when flying your drone. You can end up with a hefty fine that could have been prevented by just enquiring from the authorities as to what is allowed and where it is allowed.
