How Your Drone Could Land You In Jail

Thanks to massive advancements in drone technology over the years, drones have become a serious (and expensive) business, and can now be used for so much more than previously imagined.

For instance, as recently as last month, it has been suggested that the City of Cape Town may become the first municipality in South Africa to utilize drone technology in the fight against crime. A number of private security estates around the country are already using drones to patrol their perimeters, and of course, following the recent mayhem in Johannesburg CBD, ABSA has reached advanced discussions around the implementation of drone technology to fight crime in the area.

Private drone enthusiasts, though, still face a number of problems.

Hefty price tags and an abundance of risks aside, in this article we’ll be taking a look at one very specific problem: where and when you may fly your drone, and if you do, what are you allowed to photograph?

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While You’re Here: Photography Laws – Both Sides Of The Lens

How Your Drone Could Land You In Jail

Let’s back up a little bit. Earlier this month, a pilot flew a drone high over the heads of the massive crowd that had gathered in Cape Town to protest against gender-based violence. The remarkable photograph taken – demonstrating the sheer number of exasperated protesters – became an instant viral sensation, trending all across social media in South Africa.

Aviation regulators, however, were not amused.

Unfortunately for the pilot, the photograph was taken over Parliament, which is one of many national key points, and a no-fly zone.

The drone in question may also have violated a formal NOTAM (notice to airmen) – code A3365/19 NOTAMNQ – restricting any flying within a 1.82km radius of the Cape Town International Convention Centre during that period, where several heads of state were attending the World Economic Forum.

According to the South African Civil Aviation Authority (SACAA), flying the drone in this airspace could mean jail time, or at the very least, a R50 000 fine.

If the pilot stood to benefit commercially from the photograph, they would also need to have a Remote Pilot Licence. Without this licence, the situation could be severely aggravated.

To make matters even worse, since there is no direct way to charge someone with flying a drone unlawfully, police would have to charge the pilot under anti-terror laws.

The SACAA would not prematurely speculate whether the image was the result of illegal activity, but confirmed that investigations are underway.

Insuring Your Drone – Avoiding Trouble

So! We know that the repercussions for flouting these rules and regulations, set by the SACAA, can be severe. Which include, but are not limited to:

• You may not fly your drone within 50 meters of a person or group of people in public without their permission;

• Drones may not be flown within 10km from an airport, airstrip or helipad;

• You may not fly it higher the 122 meters from the ground;

• Do not fly over private property without express permission from the owner, and, of course;

• Don’t fly in drone no-fly zones. Which, as it happens, are pretty much everywhere.

The fact that so many pilots and hobbyists are unaware of (or simply disregard) the rules surrounding the use of a drone in South Africa, is part of what makes a drone so incredibly risky to insure.

Most insurance companies want nothing to do with you and your drone, and many that do will make you jump through hoops in order to get it insured. Most insurance companies will only insure drones that have been officially registered – which is an arduous task to get done – and will simply turn you down if you don’t have a Remote Pilot Licence – which is incredibly expensive to apply for.

Even then, the cover is limited.

With the massive growth in the drone industry over the years, however, certain insurers are aiming to make the process a little easier.

Drone Covered, for one, with products underwritten by Mutual and Federal, offers the first specialist drone insurance available to non-commercial drone pilots in South Africa. This includes hull, loss and theft cover, as well as third party and liability cover.

Drone Covered also aims to educate hobbyists and drone pilots, by providing them with adequate training. Once you’ve completed a short online drone proficiency certificate, as well as 2-hour proficiency practical with their accredited drone training partner (Drone Racing Africa), you’ll also be rewarded with increased liability cover and reduced excess.

Insurers are finally beginning to come around.

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