DRONES – TO FLY OR NOT TO FLY?

DID YOU KNOW?

If you are buying a drone in South Africa, the seller has an obligation to inform you of the regulatory requirements relating to the flying of drones (a.k.a. Remotely Piloted Aircraft Systems or “RPAS”).

The operation of a drone is governed by, inter alia, Part 101 of the Civil Aviation Regulations.

For private use, drones may only be used as follows:

• for an individual’s personal and private purpose (i.e. it is not operated for commercial outcome, interest or gain);

• drones may only be operated over property for which the operator has ownership of and/or for which permission from the owner of such property has been obtained;

• drones must be used within 500m of the operator (i.e. within the restricted visual line of sight); and

• when in operation, drones must not exceed the height of the highest obstacle within 300m of the operator;

• during the operation of the drone, the operator must be able to maintain direct unaided visual contact with the drone to manage its flight and for collision avoidance purposes.

As a result, to avoid any nasty surprises, a drone operator should first acquaint themselves with all the statutory requirements relating to the operation of drones which includes, inter alia, those regulations relating to liability, privacy and any other laws enforceable by any other authorities.

For all other types of use (i.e. commercial use), drones may only be used as follows:

• drones must be registered by the South African Civil Aviation Authority prior to use;

• the drone must first be approved by the South African Civil Aviation Authority for use by way of an RPA Letter of Authority (RLA);

• a drone may only be operated in terms of Part 101 of the South African Civil Aviation Regulations which includes specific requirements that the operator shall hold an RPA Pilot License.