Remotely Piloted Aircraft Systems Legislation

Definitions:

“Remotely piloted aircraft” (RPAS) means an unmanned aircraft which is piloted from a remote pilot station, excluding model aircraft and toy aircraft.

“Toy aircraft” means a product falling under the definition of aircraft which is designed or intended for use in play by children.

“Model aircraft” means a non-human-carrying aircraft capable of sustained flight in the atmosphere and used exclusively for air display, recreational use, sport or competitions, operated at approved SAMAA airfields only

Acceptable uses of RPAS

For private use –

(a) The RPAS may only be used for an individual’s personal and private purposes where there is no commercial outcome, interest or gain;

(b) The pilot must observe all statutory requirements relating to liability, privacy and any other laws enforceable by any other authorities.

For all other use –

1. the RPA must first be approved by the South African Civil Aviation Authority for use by way of an RPA Letter of Authority (RLA);
2. all RPAs must be registered by the South African Civil Aviation Authority prior to use;
3. an RPA may only be operated in terms of Part 101 of the South African Civil Aviation Regulations which includes specific requirements that the operator shall hold RPAS Operating Certificate (ROC)

Dangers of negligent operation of an RPA:

Collision with other aircraft, with possible fatal results

1. Collision with other aircraft, with possible fatal results
2. Injury to the public
3. Damage to people’s property
4. Legal liability for breaking laws such as privacy by-laws and other laws enforceable by other authorities.

Do’s and Don’ts

DON’TS

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 from:

1. Any person or group of persons (like sports field, road races, schools, social events, etc.)
2. Any property without permission from the property owner.

Unless approved by the SACAA, DO NOT fly/operate Remotely Piloted Aircraft or toy aircraft:

1. Near manned aircraft
2. 10 km or closer to an aerodrome (airport, helipad, airfield)
3. Weighing more than 7 kg
4. In controlled airspace
5. In restricted airspace
6. In prohibited airspace.
7. Adjacent to or above a nuclear power plant, prison, police station, crime scene, court of law, national key point or strategic installation
8. Over property for which you do not have permission to do so

Do not fly/operate Remotely Piloted Aircraft, or toy aircraft higher than 150 ft from the ground, unless approved by the Director of Civil Aviation of the SACAA.

DO’S

1. Fly/operate Remotely Piloted Aircraft, or toy aircraft in a safe manner, at all times.
2. Remotely Piloted Aircraft or toy aircraft should remain within the visual line of sight at all times.
3. Fly/operate RPA in daylight and clear weather conditions.
4. Inspect your aircraft before each flight.

NOTE: The Director of Civil Aviation has designated an external organisation to oversee the operations of recreational aviation.

For more information on the operation of model aircraft, please contact the South African Model Aircraft Association (SAAMA), www.samaa.org.za.

General

A seller has an obligation of informing a buyer of regulatory requirements of flying RPAS in South Africa. A seller has to, by way of a packaging label, or in the case of the resale thereof, by way of written notification, notify the buyer of the requirements as prescribed in Document SA-CATS 101.

Information notice sample:

Operations as a hobbyist are subject to the terms of Part 94, whereas private use is restricted in terms of Part 101 of the Civil Aviation Regulations.

For private use –

1. The RPAS may only be used for an individual’s personal and private purposes where there is no commercial outcome, interest or gain;
2. The RPA may only be operated over property for which the operator has ownership or permission;
3. The RPAS can only be used in Restricted Visual Line of Sight which means within 500m of the pilot, and never to exceed the height of the highest obstacle within 300m of the pilot, during which the pilot can maintain direct unaided visual contact with the device to manage its flight and collision avoidance; and
4. The pilot must observe all statutory requirements relating to liability, privacy and any other laws enforceable by any other authorities.

For all other use –

1. the RPA must first be approved by the South African Civil Aviation Authority for use by way of an RPA Letter of Authority (RLA);
2. all RPAs must be registered by the South African Civil Aviation Authority prior to use;
3. an RPA may only be operated in terms of Part 101 of the South African Civil Aviation Regulations which includes specific requirements that the operator shall hold aRemotely Piloted Operations Certificate (ROC).

See Private Operations below for more information regarding private operations.

Definitions:

Private operation – means the use of an RPA for an individual’s personal and private purposes where there is no commercial outcome, interest or gain;

Restricted visual line-of-sight* – means an operation within 500 m of the remote pilot and below the height of the highest obstacle within 300 m of the RPA, which the remote pilot maintains direct unaided visual contact with the RPA to manage its flight and meet separation and collision avoidance responsibilities;

General

1. It is the full responsibility of the remote pilot of the RPAS to fly his/her aircraft safely and not endanger safety of another aircraft, any person or property.
2. The remote pilot must observe all statutory requirements relating to liability, privacy and any other laws enforceable by any other authorities.

Limitations and restrictions

Please adhere to the following for the safe operation of RPAS:

1. Private operations of RPAS shall be conducted:
   1. only in R-VLOS (day and night)
   2. with a Class 1A or 1B RPA (mass < 7 kg, Impact energy* < 15 kJ)
2. Do not fly RPA:
   1. Near manned aircraft
   2. 10 km or closer to an aerodrome (airport, helipad or airfield)
   3. In controlled, restricted or prohibited
   4. Adjacent to or above a nuclear power plant, prison, police station, crime scene, court of law, national key point or strategic installation
3. Do not fly RPA 50m or closer from:
   1. Any person or group of persons (like sport fields, road races, stadiums, schools, social events, etc.)
   2. Public road
   3. Any property without permission from property owner
   4. Do not release dispense, drop, deliver or deploy any object or substance from a RPA
   5. Only fly RPA in clear weather conditions

NOTE: The Director of Civil Aviation has designated an external organisation to oversee the operations of recreational aviation.

For more information on the operation of model aircraft, please contact the South African Model Aircraft Association (SAMAA), www.samaa.org.za.

For more detailed information on Remotely Piloted Aircraft Systems Legislation click here.