South Africans are embracing drone technology, but not following the law could result in prison time, a fine or both.
South Africans have embraced drone technology for both personal and commercial reasons.
Drones, technically known as remotely piloted aircraft systems (RPAS) or unmanned aircraft (UA), are being used in several industries, such as agriculture, mining and construction.
With this in mind, operators must understand the laws to ensure safe and legal operations.
Jaco Meyer and Haafizah Khota from Cliffe Dekker Hofmeyr said that the South African Civil Aviation Authority (SACAA) regulates drone operations within the country.
In May 2015, the first regulations were gazetted as the Eighth Amendment of the Civil Aviation Regulations, Part 101: Remotely Piloted Aircraft Systems, under the Civil Aviation Act 13 of 2009 (Civil Aviation Regulations).
These regulations aimed to balance innovation with safety and privacy concerns.
Several regulation updates have happened since, with the latest in 2023.
Private versus commercial use
Private drone operators use drones for recreational flying and do not need to register their drones or obtain a Remote Pilot licence.
“However, private operators must adhere to basic safety guidelines and regulations to ensure safe and responsible flying,” said the experts.
The SACAA has provided several guidelines to guarantee the safe and responsible operation of drones for private use, including:
- Maintain visual line of sight: Operators must keep their drones within the visual line of sight at all times. The remote pilot must keep direct, unaided visual contact with the drone to manage its flight and avoid separation and collision.
- Altitude limit: Drones should not be flown over 120m above the ground.
- Avoid obstacles: Operators must stay clear of obstacles such as buildings, trees and power lines.
- Distance from people and property: Drones must be kept at least 50m away from people, vehicles, and animals.
- Restricted areas: Drones should not be flown over populated areas, national parks or sensitive infrastructure.
Commercial drone operations refer to the use of drones for economic gain, such as aerial photography, surveying, or providing inspection services.
Thus, commercial operators will need to register their drones under Part 101 of the Civil Aviation Regulations and acquire a Remote Pilot Licence.
Part 101.02.4(1) of the Civil Aviation Regulations states that no unmanned aircraft shall be flown in South Africa unless the Director of the SACAA has given it a registration certificate.
On top of registering the drone, the drone operator will need the following certifications and licenses:
- RPAS Operator Certificate
“Criticism of the licensing process, which closely aligns with manned aircraft licensing requirements, includes that it is overly restrictive and burdensome for many drone users,” said the experts.
“The Remote Pilot License requirements include obtaining a Class 3 or higher Aviation Medical Certificate, passing a theoretical exam as well as meeting stipulated practical training requirements, which can be cost-prohibitive and time-consuming for recreational or small commercial operators.”
Not following the rules
Drone operators who fail to adhere to the Civil Aviation Regulations may face severe penalties, such as a prison sentence of up to 10 years, a fine of R50,000, or both.
Those using drones irresponsibly may face legal liability for violating laws other government agencies enforce.
Any drone flight must obtain the following approvals beyond the SACAA framework:
- Permission from individuals: Approval must be obtained from any people being flown over or near.
- Landowner consent: Permission must be granted by the landowner where the flight is happening.
- Neighbouring sites approval: Authorisation must be acquired from neighbouring sites that may be impacted by the drone operation.
Future of drones
Although South Africa’s regulations try to balance innovation, safety, and privacy, Western nations, including the USA, Canada, and the EU, have far more developed drone regulations.
These countries allow for more extensive commercial use of drones, while recreational drone use tends to be more relaxed.
“Effective regulation requires a balanced approach that ensures safety while accommodating the needs and interests of all stakeholders,” said the experts.
“Engaging stakeholders in the regulatory process and maintaining transparency can foster co-operation and compliance, leading to more effective and sustainable drone regulations.”
“With the SACAA continually adapting regulations to keep pace with technological advancements, we hope to see a robust regulatory environment that fosters compliance while allowing for flexibility and growth.”
“The framework should encourage investment in South Africa and support the expansion of the drone industry, positioning the country as a leader in innovative drone usage across various sectors.”
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