In April this year the SA Civil Aviation Authority (SACAA) executed an immediate
prohibition on the use of unmanned aerial systems (UASs) or camera drones in
South Africa. Film shoots intending to use this type of production equipment
(now deemed illegal) will no longer be able to obtain film permits. This
announcement has caused considerable controversy in the industry, in which
the use of these devices to capture unusual or breathtaking footage is
becoming more and more widespread.
According to the SACAA the ban on UASs is due to a lack of regulation guiding
the use of such devices, as they are relatively new technology. The organisation
states that it, like its peers around the world, is in the process of understanding,
outlining and incorporating UASs into the civil aviation sector.
A further statement indicates that SACAA will have conclusive guidelines and
legislation for the use of unmanned aircraft systems, or so-called drones, in
South Africa by March 2015. According to the regulator it: “..would not put profits
ahead of public or aviation safety,’ by rushing the process, which is already a
contentious issue globally.
Confusion
The situation is confusing to say the least, as there are already rules in place for
model aircraft, under which most drones/model helicopters fall, and it has been
suggested that SACAA simply apply these rules and thereby appease the
industry which is making more and more use of drones as a platform for GoPro
cameras or similar.
The international rules applicable in this case include:
• Flying under only 120m.
• No flying within 4.2 nautical miles of an airport.
• Flying only in line of sight of the operator (500m).
• No auto pilot flying or night flying.
• No flying over public property and roads without permission.
Also confusing is what distinction the ban makes between a “drone’ and a model
helicopter. From a practical point of view a drone is only able to carry a
lightweight camera such as a GoPro (although more recently multi-rotor drones
can carry in excess of nine kilograms) whereas a helicopter can carry larger
loads such as a RED camera.
Nothing new?
Stephen Verheul of Visual Air Productions comments: “This ruling from the SACAA
has definitely caused panic in the industry. However, as much as it is potentially
damaging for the industry at present, rules and regulations are needed and this
has been a long time coming.
“Although the SACAA is in the process of putting together an interim guidance
document, which should be ready by the end of March 2015. It does however,
raise the questions of under which governance we operate in the meantime and
into which category RC helicopters being used in the commercial industry
fall.’
“This is not some “new ruling’ or ban,’ says Duran de Villiers of Knysna-based
manufacturer SteadiDrone. “According to the SACAA its technically always been
“illegal’ but they’ve simply not bothered anyone until now, and are just stating
fact because, let’s face it, stupid people are doing stupid things with this new
technology.
“I don’t think the SACAA is too concerned about the experienced operators
offering safe and valuable aerial services, many of whom are full-scale pilots
themselves and understand the safety aspect. It is more worried about public
safety and what certain people think they can do with these machines, which
must be regulated.
“Recent comments about how strange it is for the SACAA to “ban’ drones is
somewhat shortsighted, because if some incompetent operator takes down a
jet with their family members on board (which is just about what any small
drone is capable of doing), then they will see what the SACAA is trying to do
here. We all need to work together. I agree that the SACAA has had years in
which they’ve been very well aware of these systems and the potential safety
issues and should have already put things in place. For them suddenly to
announce a ban is not responsible and they should have seen this coming.’
Experience versus technology
Rob Smith of Big Bird Aerial Cinematography in Cape Town adds: “The problem is
that multi-rotors (octocopters, hexacopters, quadcopters) have become
increasingly common, you can buy them at your local toyshop. These are much
easier to operate than your regular model helicopter because they come with a
lot of systems that help fly them (GPS, Waypoints, Autopilot, the ability to fly out
of line of sight, etc.) It is these systems that complicate the regulation of drones
and that our model aircraft do not rely on. We rely on safe, well-tested rigs, and
our pilot experience and expertise.
“Our pilot has over 15 years of model aircraft experience, and in this time the
fundamental flight systems of model helicopters has not changed, and has
proven to be incredibly safe and reliable in the right hands. That’s not to say
that UASs aren’t safe, just that the technology within them is so new and
dynamic it is hard to regulate, because everybody has a slightly different flight
system and the technology is changing and evolving so quickly.’
At the time of writing – to further confuse the issue – the SACAA issued a
statement saying that the ban that is causing so much controversy does not
actually exist. “SACAA has never issued any specific notice or regulation banning
the use of unmanned aircraft systems. The current Civil Aviation Regulations
prescribe specific requirements for operating an aircraft in the South African
airspace. To date, no UAS has been able to comply with these requirements,’
says SACAA spokesperson Kabelo Ledwaba.
With all the diverse opinion and speculation it would seem that this matter will
drone on for quite some time.
