The process of drafting regulations for Remotely Piloted Aircraft Systems (RPAS)
has now been completed by the South African Civil Aviation Authority (SACAA) and
draft regulations have been submitted to the Minister of Transport for consideration
and subsequent approval, if the Minister is in agreement. However, until the
regulations are approved, the use of RPAS in terms of existing legislation remains
illegal. The Civil Aviation Regulations prescribe requirements for operating any
aircraft in the South African airspace. To date, no RPAS have been able to comply
with these requirements. Remotely Piloted Aircraft are aircraft that can fly without
a pilot on board. These aircraft come in all sorts of shapes and sizes and can be
controlled remotely by an individual on the ground, or from another aircraft.
The SACAA, as the regulator, in fulfilling its mandate in terms of section 72 of the
Civil Aviation Act, 2009 (Act No 13 of 2009), with specific reference to the control
and regulation of civil aviation safety and security, is obligated to put regulations in
place for dealing with all the regulatory facets applicable to the operation of RPAS.
“The SACAA is one of the very first entities globally to make headway in terms of
developing comprehensive regulations. This demonstrates the Regulator’s ability to
respond to an urgent need from the industry, and also shows our commitment in
ensuring that the regulations are in place as soon as possible, as this is the only
way we can ensure that RPAS operate safely, ‘ said Poppy Khoza, director of Civil
Aviation.
“RPAS represent a relatively new component of the civil aviation framework, one
which the SACAA, together with other regulators worldwide and under the guidance
of the International Civil Aviation Organisation (ICAO), are working to understand,
define and ultimately integrate into the civil aviation sector. As such, the process of
developing policies, procedures, regulations and associated standards in order to
certify and subsequently authorise the operation of RPAS is moving with speed, but
also needs to be handled with care as failure to ensure this will have devastating
consequences, including loss of life,’ Khoza explained.
As an ICAO member state, South Africa is actively involved in the ICAO RPAS Panel
which aims to develop standards to guide contracting states in the development of
their national regulations. In addition, the SACAA has worked closely with
international working groups, the national industry and relevant agencies to develop
the pending regulations. The draft regulations were published for comment in
December 2014/January 2015 for a period of 30 days, as dictated by the consultation
guidelines.
Many factors were considered in the process of developing the regulations for
authorisation. “As much as we are enthusiastic about the integration of RPAS into
the civilian airspace, we need to be mindful of various security and safety aspects.
Key among these is that the technology installed on RPAS is able to ensure that,
amongst others, mid-air collisions and incidents are minimised. There is also the
need to make sure that the allocated frequency spectrum is secure, in order to
ensure protection from unintentional or unlawful interference with the RPAS,’ Khoza
elaborated.
The SACAA has been receiving reports that there are individuals and/or
organisations that are already operating or intending to operate RPAS in the South
African civil aviation airspace without approval.
“Those that are operating any type of RPAS are doing so illegally; and as the
regulator we cannot condone nor tolerate any form of blatant disregard of the
applicable rules. SACAA is investigating reports received lately and shall pursue
those who are illegally operating RPAS without any authorisation,’ said Khoza.
The approval and subsequent implementation of the new RPAS regulations in South
Africa will in no way be a conclusive process. The Authority anticipates rapid
changes in the very near future, as this is a new phenomenon in the civilian
airspace and as such, as this facet of the industry evolves; we will adjust the
regulations as dictated by the prevailing circumstances at any given time. The
SACAA will still work in collaboration with ICAO and its member states, towards
providing a regulatory framework through Standards and Recommended Practices
(SARPs), with supporting Procedures for Air Navigation Services (PANS) and
guidance material, to underpin the routine operation of RPAS in a safe, harmonised
and seamless manner, comparable to that of manned operations.
