Everything you must know before flying your drone
The general public of South Africa is far from being properly informed of the risk they face when associated with illegal Drone Operations.
October 29, 2017
Commercial use of RPAS or Drones
This important information should be escalated to the accountable head of the organization or relevant department.
The introduction of Part 101 of the Civil Aviation Act has meant that the use of RPAS (Remotely Piloted Aircraft SystemsJ) informally known as Drones, are now regulated for commercial application. The RPAS operating Certificate (ROC) is the final approval and means that the Drone Operator is approved by the South African Civil Aviation Authority (SACAA) for commercial operations. Only legal (ROC Holders) qualify for Professional and Third Party Liability Cover. When final approval is obtained, the operator is still subject to mandatory, bi-annual audits and other ongoing compliance requirements by the regulator, the SACAA.
SACAA issued ROC’s Drone Operators are in possession of the following
The below mentioned documentation should be presented prior to each operation:
• Air Service License
• Radio Station License
• ROC (RPAS Operating Certificate)
• ROM (SACAA approved RPAS Operation Manual)
• RPAS (Drone) registration Certificate (RPA/Drone specific)
• RLA (RPAS Letter of Approval per RPA/Drone)
• RPL (Remotely Piloted License per RPA/Drone Pilot)
Non-compliance concerns
• SACAA Direct Compliance related – Fines up to R 50 000 or 10 years imprisonment
• Civil Law Suits – Liability suits are undefined and is dependent on the severity of the case
• Criminal Charges – Serious especially where death, injury or severe damage occurred as result of infringement of the Civil Aviation Act
The company or person procuring the services of a Drone Operator will be the primary liable party and secondary, the drone operator itself.
Risk of using illegal RPAS (Drone Operators)
All persons involved in illegal RPAS (Drone) Operations are all directly and jointly liable for any fines, imprisonment and liability lawsuits, where the instructing party will be deemed first respondent.
Security and Privacy
Any RPAS (Drone) flight/operation must have the necessary approvals over and above the SACAA framework requirements and include permissions from:
• Any person being flown over/near
• The landowner where the flight will take place
• Neighbouring sites that may be affected
Professional, Public Liability and Drone Insurance
Only holders of a valid ROC’s can hold cover and are mandated to have sufficient third party and professional liability as well as aircraft insurance. No third party and professional liability insurance can be valid if the Drone Operator is not in possession of a valid ROC.
Collisions with Structures or People on the Ground
Any damage will have devastating legal and liability implications for those involved especially if someone is injured.
Collisions with other aircraft
RPAS (Drones) are defined as an Aircraft by the SACAA. During any Commercial RPAS (Drone) Flight Operations the RPAS Pilot must communicate with other Air Traffic in the area to ensure awareness of RPAS Operations and the RPAS Pilot to be aware of Air Traffic. This is a vital step ensuring separation of Air Traffic all be it other RPAS operations in the area. Collisions between Drones with other drones or Drones with Manned Aircraft are deemed a collision irrespective of the Aircraft being Manned or Unmanned. ** (Liability example: A Drone is ingested in a Commercial jet-liner engine, the aircraft lands and no-one is injured but the jet-liner engine is damaged beyond economical repair).
Peace of mind
Licensed Commercial Operators and their equipment are subjected to vigorous training and testing while illegal operators have no external control being exercised to ensure safe operations. As a commercial operator, no one knows that the occasional operation does not go according to plan, however, proper planning and emergency preparedness ensures that these flights rarely result in incidents or accidents.
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