Dos and don’ts for flying drones

Following complaints of drones flying over residential properties in Roodepoort, drone experts shared advice on the dos and don’ts when piloting this aerial technology across residential areas.

A drone is defined as an aerial vehicle that is an aircraft without any human pilot, crew, or passengers on board, and while there are laws regulating the operation and handling of a drone, residents of Constantia Kloof are still unhappy with drones circling over their yards.

“Someone is flying a drone over our house and it’s unsettling my dogs. I think we all know that drones are illegal to fly at night in South Africa and an invasion of privacy. So, whoever is flying the drone needs to stop,” a Constantia Kloof resident complained.

The resident cited that the drone was certainly not 50 metres clearance over and was flying so close around two to three o’clock and stopped on top, which unsettled their dogs, and mentioned that it was not the first time. It happened twice before.

Lourens Swanepoel, director of Cymbidium Safety Group answered some questions about drones.

Q: How can we distinguish between commercial piloting and private use?

A: There are various drones doing work in areas. A drone can fly over houses if the drone doesn’t hover and disturbs people. I know unauthorised drones are flying, and these give legal operators a bad name.

“If a registered operator operates a drone, you will not even know if we are nearby unless you stay next to a greenbelt and a drone surveillance work. Unfortunately, not all people like drones due to people misusing them, but there are good guys flying drones and doing good.”

Q: What is the height limit for flights?

A: You must keep 50m clearance over your highest point. So, the person flying lower and causing a disturbance is not a legal operator. A person that flies without a licence and registration can only fly on his property. Any other users must have a drone licence and the drone must be registered.

“To get a drone licence you have to do a two-week course, a practical exam, a radio exam, and complete an English proficiency test.”

The drone must also be registered with a registration number.

According to Lluwellyn Janse van Rensburg of AllAboutDronesSA, the South African Civil Aviation Authority (SACAA) requires commercial drone operators to provide certain documents for operation, which can result in illegal activities, criminal charges, and the City of Johannesburg’s accountability and defines ‘commercial’ drone operations as those with the commercial outcome, interest, or gain, including footage for public display or internal processes.

The operator must provide a Rate of Climb (ROC) certificate, OpSpec, RPL license, medical certificate, registration document, Remotely Piloted Aircraft System Letter of Approval (RLA), user manual, Flight Operations Manual (FOM), landowner permission, and a minimum of R2.5m third-party liability insurance for commercial drone operations.

Additional permissions and requirements include a serviceable fire extinguisher and first-aid kit, operations within 10km of aerodromes, airband radio, Central Airspace Management Unit (CAMU) reference, flight plan, form CAA101-20 (available for download on their website) for critical locations, and form CAA101-18 for public events.

The SACAA Part 101 mandates drone operators to fly within 50m of people, structures, buildings, or public roads without written permission. They must have a valid license, be registered at SACAA, and have their aircraft registered.

All the above-mentioned information can be found on the SACAA website.

Q: What happens during a dispute? Where do I go to? Who do I approach?

For disputes, there are two channels to go through:

1) Police announced 20 updated charge codes for drone operators in July 2022. Citizens can reach out to local police with concerns about drone operators.

2) The SACAA has a reporting form with an email address that can be used to report non-compliant drone operators. (Enforcement@caa.co.za).

“It’s a good thing for the industry that the public becomes aware of the drone laws as there are so many illegal operators out there,” Lluwellyn said.

Sandile Mkhize from Drone Security Company: Wings for Life says drones cannot fly more than 400ft or 120m above the ground, nor within in 10km of an aerodrome. “Drones cannot be flown within 50m above or close to a person or crowd of people, structure, or building – without prior SACAA approval,” said Sandile.

He further states that pilots cannot fly drones adjacent to or above:

• A nuclear power plant, a prison, a police station, a crime scene, a court of law, or any national key points and cannot be used on a public road for take-off or landing.
• Drones cannot be piloted in adverse weather conditions, where your view of the drone is obstructed since visual contact must be maintained with the Remotely Piloted Aircraft (RPA) by the operator – unless approved beyond the visual line of sight or night operations.
• Drones need to give way to all manned aircraft and should avoid passing over, under, or in front of manned aircraft, unless it passes well clear and consider the effect of aircraft wake turbulence.
• Drones cannot be used to transport cargo or make deliveries.
• Drones cannot tow another aircraft, perform aerial or aerobatic displays, or be flown in formation or swarm.

All incidents involving an Remotely Piloted Aircraft (RPA) must be reported, especially where there is any injury to a person, property damage, or destruction of the RPA beyond economical repair.

Florida Police’s station commander, Colonel Tsotetsi says drones are very important for crime prevention, especially illegal mining.

“With a drone, the operational commander will meet with the drone operator prior and take photos for planning. During the day of operation, the drone operator communicates with the ground force as E2 [eye and ear]. The drone can sense the body heat of the human being during the night.

“They are Beyond Visual Line of Sight [BVLOS] rated, Pilot RPL licenced. The operators complete the drone’s flight plans before any operation.”

Dos and Don’ts according to the Civil Aviation Authority:

Don’ts

Emphasis is placed on the importance of not endangering the safety of others or property through negligent flying of remotely piloted aircraft or toy aircraft.

It also advises against flying 50m or closer from people or property without permission, near manned aircraft, 10km or closer to aerodromes, weighing more than seven kilogram, in controlled or restricted airspace, adjacent to or above nuclear power plants, or over the unpermitted property.

The DOs include flying or operating Remotely Piloted Aircraft safely, maintaining a visual line of sight, operating in clear weather, and inspecting the aircraft before each flight.