They may be one of the “coolest” and most sought-after
gadgets, but drones come with a warning that if not heeded, could lead to a
fine or even jail time.
Pappie Maja, spokesperson for the SA Civil Aviation
Authority (Sacaa), has warned that the inappropriate and illegal use of these
nifty gadgets can land errant individuals in jail or slapped with a hefty
R50 000 fine, or both.
Maja told Weekend Witness that while it is not illegal to
operate a drone in South Africa, remotely piloted aircraft systems (RPAS),
popularly known as drones, must integrate with the existing aviation sector in
a manner that does not present risk to existing airspace users, citizens and
property.
He said as popular as they are, people should not confuse
drones with toy aircraft and unknowingly break aviation laws.
“The confusion around the two has led to many people
unintentionally breaking aviation and other laws,” he said.
“It is crucial that drone owners make an effort to
familiarise themselves with remotely piloted aircrafts’ systems laws, which in
certain instances are applicable to all types of aircraft, including toy
aircraft, model aircraft and a remotely piloted aircraft,” he added.
People are forking out substantial amounts of money for this
modern-day gadget, with the cost of hobbyist drones ranging from under R1 000
for miniature versions such as the Blade Inductrix, to around R25 000 for the
popular DJI Mavic Pro and even R35 000 for the DJI Phantom.
According to the State of the Drone report in South Africa,
in 2017, 40 000 drones with cameras were sold countrywide.
Local toy retailer Toy Kingdom identified flying drones as
all-round top sellers last year.
Precious Mwelase, assistant manager at Liberty Midlands
Mall’s Toy Kingdom, said flying drones are the big trend and items that have
been demonstrated in the store have sold well.
Nico van Rooyen, of the KZN Drone Association, said he and
other drone operators are working together to ensure that everyone is educated
on how to use drones in the correct and legal manner.
“Drones are here to stay, but the industry needs to be
formalised and legally compliant. Safety is the key, and something we need to
keep in mind as this part of aviation grows exponentially,” said Van Rooyen.
“Everyone, from the importer to the distributor, the
retailer, the customer and someone who wants to hire an operator of a drone,
needs to understand how to use a drone. There needs to be an education and
awareness campaign around the use of drones. There is an excess of illegal
operators,” he said.
Commercial drone operators need a pilot’s licence
Maja said drones bought and used for private and personal
use do not need a licence to be operated. Drones purchased for commercial gain
need to be licensed, and the person operating the drone needs to have a pilot’s
licence. He also pointed out that some drones are made with uncertified and
often untraceable hardware and software.
“The failure rate of some of these aircraft is
indeterminable, as there are currently no civil certification standards
available anywhere in the world.
“Although these aircraft are much smaller and lighter than
existing manned aircraft, their presence in the skies still presents a
significant risk to other airspace users, people and property on the ground. A
collision of an RPAS and a helicopter or a jet full of passengers could lead to
a catastrophic accident,” said Maja. He said there have not been any accidents
caused by drones and no other near sightings, except for one near King Shaka
Airport in December 2018.
Ntobeko Ngcobo, Msunduzi Municipality spokesperson, said
there have not been reports of airspace infringements in controlled airspace at
the Pietermaritzburg Airport.
The most common example of the inappropriate use of the
gadget locally relates to a drone crash within the premises of the Koeberg
nuclear power facility outside Cape Town in 2016.
In London, Gatwick Airport shut down for two days in
December 2018 while authorities dealt with 67 reports of drones flying near one
of its runways. The incident caused major travel disruption, affecting about
140 000 passengers and over 1 000 flights.
In another incident, earlier this month, flights from
Heathrow Airport were halted for about an hour after reported sightings of a
drone.
To date, the Sacca says it
has registered 1 224 RPAS on the aircraft register and has issued 1 156
remote pilot’s licences.
Why are drones so popular?
Sean Reitz, vice chairperson of the Commercial Unmanned
Aircraft Association of Southern Africa (Cuaasa), said its mandate is to
support the interests of commercial drone operators.
“Non-commercial or hobby activities and the responsibility
for advising those using the technology, sits with the retailers who are
obliged by law to advise of the regulations at the time of sale,” said Reitz.
He said drones have become popular because they are “quite
easy to fly” and relatively “affordable”.
“They are high technology and they are now small enough to
carry on trips and so capture memories in an alternative way,” said Reitz.
Reitz said for commercial use, drones can gather data on a
variety of industries, some of which was previously impossible to achieve.
“They reduce personal safety risk for people working at
height and they can add a new dimension to security, firefighting and emergency
response.”
He said drones can also deliver medical supplies and they
can spray crops on farms and transport goods and people in the future.
Don’t cause an aviation tragedy
Given that South Africa has over 13 000 aircraft on the
South African Aircraft Register, Maja said the country’s airspace is relatively
congested and busy with a variety of operations, including among others,
helicopters, recreational aircraft, hot-air balloons as well as jets carrying
large numbers of passengers.
“As much as drones are cool gadgets, they also pose risks
and if not operated in line with applicable laws, may cause a collision with
other aircraft, with possible fatal results,” said Maja.
Moreover, he warned that individuals who use remotely
piloted aircraft systems in an irresponsible manner, may also face legal
liability for breaking laws enforceable by other authorities; for instance,
laws pertaining to privacy. “Given the low cost and availability of these
aircrafts, it is possible that irresponsible operators may easily obtain and
utilise these aircrafts in an unsafe manner, thus presenting a risk to other
aviators and the public,” said Maja.
“A drone may not be flown into any property without the
permission of the property owner,” said Maja.
He implored the public to report errant individuals or
entities to the Sacca or the police for investigation.
Working on the safety aspect
According to the 2016 PricewaterhouseCoopers (PWC) global
report on the commercial application of drone technology, one of the most
important areas being investigated is that of ensuring safety by developing
see-and-avoid technology and integrating it with existing air traffic control
systems.
The report said the proposed solutions also have to be
aligned with each country’s specific unmanned aerial vehicle (UAV) regulations.
“There are several companies trying to solve this issue, for
example, Airware and PixiePath. Both provide autonomous flight control systems
and ground control software, helping businesses to operate safely a variety of
drone aircraft. Furthermore, leading drone manufacturers are incorporating
autonomous obstacle detection systems into their newest products,” read the
report.
The report said another key challenge that drone
manufacturers face is enhancing the ability to control drones autonomously and
allowing them to communicate instantly with other airborne vehicles over long
distances. Further challenges are high energy consumption and the limited
transmission range of long-term evolution networks.
A quick guide by Sacaa on the do’s and don’ts
DO
• Fly/operate remotely piloted aircraft, or toy aircraft, in
a safe manner, always.
• Remotely piloted aircraft or toy aircraft should remain
within the visual line of sight at all times.
• Fly/operate RPA in daylight and clear weather conditions.
• Inspect your device before each flight.
Sacaa also urges remotely piloted aircrafts systems (RPAS)
pilots and operators to adhere to the limitations and restrictions as outlined
in the regulations, notably that:
• the RPAS should be in a fit-to-fly condition with the
relevant authorisation;
• the person flying the RPAS is the holder of a valid Remote
Pilot’s Licence;
• the aircraft is not flown in a formation or swarm;
• the aircraft is not flown 400 ft above the ground or
within a radius of 10 km from an airport; and
• the aircraft is not flown adjacent to or above a nuclear
power plant, prison, police station, crime scene, court of law, national key
point or strategic installation.
DON’T
• Do not, through act or omission, endanger the safety of another
aircraft or person therein or any person or property through negligent
flying/operation of remotely piloted aircraft, or toy aircraft.
• Do not fly/operate remotely piloted aircraft, or toy
aircraft, 50 m or closer to:
• any person or group of people (like at sports fields, road
races, schools, social events, etc.) and
any property without permission from the property owner.
• Unless approved by the Sacaa, do not fly/operate remotely
piloted aircraft or toy aircraft:
• near a manned aircraft;
• 10 km or closer to an aerodrome (airport, helipad,
airfield);
• weighing more than seven kilograms; and
• in a controlled, restricted or prohibited airspace.
Drones are noisy
According to www.dronerush.com there is an inescapable truth
about drones, they’re noisy.
“Those high-speed spinning blades cutting through the air
make a combination of sounds that can be unpleasant to listen to.”
They point out that animals too are affected by the noise
from drones.
www.newscientist.com writes that Amazon, UPS, Domino’s Pizza
and other companies planning drone delivery services may be heading for
discord. “A preliminary Nasa study has discovered that people find the noise of
drones more annoying than that of ground vehicles, even when the sounds are at
the same volume.”
Study co-author Andrew Christian of Nasa’s Langley Research
Centre (U.S.), said their results indicate that the irritation their subjects
experienced when listening to drone noises was as if a car was suddenly twice
as close as it had been before.
New Scientist wrote it isn’t yet clear why drones sound so
annoying. “Participants didn’t know they were listening to drones and were
unaware of the study’s purpose.”
They said one reason for the difference might relate to how
slowly most commercially available drones move.
“A drone takes a lot longer to pass by than a car and a
common complaint was how the drone sounds seemed to loiter. If so, this might
offer hope to Amazon, as the commercial drones included in the study are slower
than those the company is developing, which are planned to reach about 95
kilometres per hour.”
“Our drones fly at a high altitude, well above people and
structures,” an Amazon spokesperson said.
The company is also working on making them quieter.
However, Christian said that simply making drones “only as
noisy” as delivery trucks would still mean they are more annoying, and
companies may need to find ways to make their drones significantly quieter than
ground vehicles.
