Johannesburg – Drones are a most sought-after Christmas gift this year but this toy comes with a warning that, if not heeded, could lead to a fine or even jail time.
In fact, unwrapping a drone on Christmas Day and taking it for a flight in the garden would be, for most South Africans, an illegal act. According to the Civil Aviation Authority (CAA), most urban areas are no-fly zones for drones. And the penalities are stiff.
“Failure to adhere to civil aviation regulations could result in a 10-year prison sentence or a fine of R50 000, or both. Individuals who use drones in an irresponsible manner may also face legal liability for breaking laws enforceable by other authorities; in this particular case, laws pertaining to privacy,” said Kabelo Ledwaba, spokesman for the CAA.
By the time of going to press, Ledwaba had not indicated if the CAA had prosecuted any drone fliers.
Drones, or remotely piloted aircraft systems (RPAS) as they are technically known, have in recent months come under the scrutiny of the CAA, whose job it is to oversee civil aviation. There is good reason. Across the world there have been incidents were drones have had near-misses with aircraft.
In October, Dubai International Airport had to close down its airspace for about one-and-a-half hours after a drone flew too near the airport. In August, a security officer was suspended at the Koeberg Power Station site after a drone crashed in the premises, and the personnel handed the aircraft back to the owner without reporting it.
Ledwaba said the CAA introduced comprehensive regulations in July last year aimed specifically at the administration of drones, making South Africa one of the first and few countries to do so.
“Given the low cost and easy availability of remotely piloted aircraft systems, it is possible that errant individuals may acquire and utilise these aircraft in a manner that is unacceptable and contravenes civil aviation regulations and other laws enforceable by other state entities,” he said.
CAA regulations prohibit the flying of a drone directly overhead any person or group of people, or within a lateral distance of 50m from any person, structure or building. Drones also can't be flown within 50m of a road or at a height above 120m. Also they can't come within a radius of 10km of an aerodrome; nor adjacent to or above a nuclear power plant, prison, police station, crime scene, court of law, national key point or strategic installation.
“A drone may not be flown into any property without the permission of the property owner,” said Ledwaba.
What has come as a surprise to several South Africans is that it is also illegal to use a drone in a national park, if it is flying below 2500 feet.
Dean Polley, president of the Commercial Unmanned Aircraft Association of SA, said he knew of complaints to the CAA about people using drones over neighbourhoods.
“Most have been concerned about their privacy,” he said.
Local toy retailers Hamleys and Toy Kingdom identified flying drones as all-round top sellers this year.
Lyle Franke, supervisor of the Hamleys store at the V&A Waterfront, said flying drones were the trend and items that were being demonstrated in the store had sold well. Drones are just as popular overseas.
In the US, a survey found that one in five people would like to receive a drone under the tree this year.
There’s growing awareness of drones and their capabilities, a survey by Saint Leo University in Florida shows, and people are somewhat less worried about them than they were a year ago, although almost 66 percent of those polled said they remained concerned about them.
For the most part, those who worried said they feared a drone might collide with an airplane or peer into their bedroom window.
Increasingly the drones available in retail stores are becoming more technologically advanced with extended ranges, altitude and more powerful cameras. The Phantom3 standard quadcopter drone has a maximum altitude of 6 000m above sea level.
However, Polley said many drones have firmware that prevents them from flying above 120m, and limits their range.
Another restriction in the firmware might come as a nasty surprise to some new drone owners this Christmas.
“This firmware also prevents drones from coming within 10km from an airport. So if you live within 10km of OR Tambo your drone won't start,” Polley said. – Additional reporting by The Washington Post