Page 48 - Q&A 2019/2020

May I operate a drone?

Juanita van Zyl
July 2019
“I’m an amateur photographer and have been toying with getting a drone to
take aerial photos with. I’m not sure though if I need a license to use a drone
and whether I’m allowed to take photos with a drone. What are the current
rules about using a drone?”

Drone law in South Africa is a relatively new field of law with the flying of drones Commercial
in South African airspace previously largely unregulated. About five years
ago, the South African Civil Aviation Authority (“SACAA”) issued a statement
explaining that the civil aviation laws in place at such time, did not provide for
the registration, certification or operation of drones in South African airspace,
confirming that South Africa did not have the necessary drone law in place
to regulate various important issues such as safety, security and/or privacy in
respect of drone operation.
It is a given that the drone industry in South Africa will likely continue to expand
as the scope of use of drones increase from recreational use to filmmaking, news
broadcasting, aerial surveys, photography and even agricultural observations. It
is therefore vital that the regulation of drone use is clear and applied.
From the outset one must distinguish between a “toy” radio-controlled aircraft
and a “drone”. Although this distinction has not yet been defined by the
International Civil Aviation Organisation (“ICAO”), an organisation of which
South Africa is a member, our SACAA has suggested that a radio-controlled
aircraft will most likely be regarded as a “toy” if the main purpose for which it is
being used is for recreational or sport purposes. If, however, the aircraft is utilised
for commercial purposes or for professional or aerial work purposes, then it will
most likely be classified as a drone and fall within the regulatory ambit of the
SACAA.

In December 2014, SACAA published draft regulations pertaining to drones or
“Remotely Piloted Aircraft Systems” (“RPAS”). These draft regulations distinguished
between RPAS used for commercial, corporate or non-profit purposes and those
used for an individual’s personal or private purposes. These draft regulations
further required certain operators of RPAS to obtain a pilot license from a SACAA-
accredited school or institution before operating RPAS in South African airspace,
if these are used for commercial, corporate or non-profit purposes. Currently,
RPAS are governed by the Civil Aviation Regulations, Part 101 – Remotely Piloted
Aircraft Systems (the “Regulations”) which came into effect on 01 July 2015.
In terms of the Regulations, RPAS may be used by individuals for their own
personal and private use, provided that there is no commercial outcome,
interest or gain. For all other uses, the RPAS must be registered and may only be
operated in accordance with the Regulations in South Africa.

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