Drone legislation in South Africa summarized

The use of Drones in South Africa has been regulated from 2015 by way of inclusion in SA CARS (Civil Aviation Regulations) and SA CATS (Civil Aviation Technical Standards) part 101. Drones used to be called RPAS (Remotely Piloted Aircraft Systems) in this these legislative documents, but it has recently changed with the latest amendments and are now called UAS (Unmanned Aerial Systems).

The use of drones in South Africa can be divided into 4 different categories, each guided by specific legislation:

(a) commercial operations.

(b) corporate operations.

(c) non-profit operations; and

(d) private operations (Recreational or Hobby flying)

General Restrictions applying to all Drone operations in South Africa

There are some general notable restrictions in place governing the use of all types of drone use, private and commercial. These restrictions stipulate:

 Except by the holder of an ROC, and as approved by the Director, no UAS shall be operated –

  1. above 400 ft above the ground surface.
  2. within a radius of 10 km from any aerodrome (any manned aviation airfield)
  3. within restricted or prohibited airspace; or
  4. adjacent to or above a nuclear power plant, prison, poli court of law, national key point, or strategic installation.
  5. RPAS shall not be operated beyond visual-line-of-sight (further than 500m away from the pilot)
  6. RPAS may only operate at night in R-VLOS conditions (lower than the highest obstacle within a 300m radius of the pilot)
  7. within a lateral distance of 50 m from any person,
  8. within a lateral distance of 50 m from any structure or building
  9. along the length of a public road or at a distance of less than 50 m from a public road

Hobby drones

For private use of drones CARS and CATS legislation allows the following:

The drone may only be used for an individual's personal and private purposes where there is no commercial outcome, interest, or gain?

(b) the drone may only be operated over property for which the operator has ownership or permission?

(c) the drone can only be used in Restricted Visual Line of Sight which means within 500m of the pilot, and never to exceed the height of the highest obstacle within 300m of the pilot, during which the pilot can maintain direct unaided visual contact with the device to manage its flight and collision avoidance? and

(d) the pilot must observe all statutory requirements relating to liability, privacy, and any other laws enforceable by any other authorities.

Commercial, Corporate and Non-Profit use

To use a drone in any Commercial, Corporate and Non-Profit instances, the law in South Africa requires below three conditions to be met:

  1. The Pilot must have a valid RPC (Pilot License) and accompanying certifications.
  2. The Airframe must have a valid and current RLA.
  3. Operations must be conducted under an ROC and OPS SPEC with relevant permissions for the type and scope of the operations undertaken.

 

Although the laws might seem like an over-kill, drones users share our airspace with maned aviation such as low flying helicopters, crop-sprayers and airlines carrying 100’s of people that could be hurt or even killed in an incident.

Even without considering the implications of a possible criminal record because of breaking the law, we should all still fly drones responsibly to ensure we do not hurt or kill someone, or cause damage to animals or property.

For more clarity or information, you are welcome to contact the author of this article on 082 455 7526 or bertus@rpas.co.za
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