is South Africa ready?

The drone incident at Gatwick Airport in December 2018 has somewhat disrupted the aviation industry in the UK.

An estimated 1000 flights were cancelled and over 140 000 passengers were affected. The frustration experienced by government, business and ordinary citizens proved to be an uncomfortable, if hypothetical question to South Africa: would we be ready to handle such a disruption?

The use of Remote Piloted Aircraft Systems (RPAS), or drones as commonly known, is increasing worldwide and can no longer be ignored if we seek to not repeat the Gatwick incident. In South Africa, the RPAS are regulated by South African Civil Aviation Authority (SACAA). Legally, drones may be operated for commercial, corporate, non-profit and private operation.

Let’s look at private operations, as this is one area that is difficult to manage and enforce. Private Operations means the use of drones is for an individual’s personal use, where there is no commercial outcome, interest or gain. These operations can only be conducted in restricted visual line of sight referred to as class 1A or 1B RPA. Normally, class 1A and/or class 1B RPA is 400 metres height above the surface and cannot weigh more than 7 kgs.

Unlike commercial and corporate operations, private operations are not subjected to most of the regulatory rules or compliances. For example, there is no letter of approval required before operation, there is no need for the drone to be fitted with altimetry system capable of displaying to the operator the altitude and height and there is no need for the drone to be issued with a certificate related to personnel licensing, maintenance and logbook requirements.

However, there are important restrictions that must be observed by private operators when operating their drones. The pilot must observe all statutory requirements relating to liability, privacy and any other laws enforceable by any other authorities. Other notable restrictions include the following:

  • Cannot be operated in a 10km radius of an airfield
  • May be used during daylight in weather conditions which is clear
  • Not operated at a place of landing or take-off on a public road
  • Not operated within 50m or closer from any person or group of persons, any property without permission from the property owner

For private operators, they can be subject to either civil or criminal prosecution if they don’t comply with the above restrictions or if their actions infringe on privacy rights or lead to injury or death.

The most daunting challenge is do we have the capacity as a country to enforce these restrictions – is our aviation industry capable of managing potential disruptions, and will the judicial system be ready?