Update
GEORGE NEWS - George Herald recently reported on drones that pose a potential threat to people's privacy and security after a George East resident complained about a drone flying over her property from time to time.
The complainant said it even sometimes hovers near her home. She suspected that it came from a nearby property as it always descended in the same area for landing. She has not been able to identify the pilot, though.
George Municipality has in the meantime responded to a query from the newspaper, saying that it has no by-laws regarding drones.
Ntobeko Mangqwengqwe, senior communications officer of George Municipality, said under civil aviation regulations, the landing of helicopters must be approved by the local authority if it is not at an airport.
"Drones until now have been deemed under the same regulations. Because George Airport has a 10km radius 'no-fly zone' under Civil Aviation law, recreational drone flying is not permitted.
"Professional drone operators have a pilot's licence and must have permission from Sacaa to fly within the 10 km range, as well as permission from local authorities and landowners, even outside the no-fly zone."
He explained that recreational drone flying (outside of no-fly zones) under South African aviation law must comply with the following requirements:
• The operator must have permission from the landowner that the drone is flying on/over;
• The drone may not fly out of sight of the pilot;
• The drone may not fly higher than 150 feet (about 50 metres).
With reference to the complainant's comment, Mangqwenqwe said, "It is unlikely that a professional/commercial operator does drone flying over the complainant's house. It is more likely a recreational drone operator that is flying in violation of Civil Aviation laws.
"Unfortunately, because this is Civil Aviation law nationally, it is a SAPS matter. Municipal Law Enforcement is unable to enforce any regulations due to this not falling within local government mandate."
Sacaa continues with enforcement action
The South African Civil Aviation Authority (Sacaa) upon enquiry said supporting evidence against an illegal drone operator will be required to enable successful action, linking an offender to the prohibited conduct.
It said that Sacaa continues to carry out enforcement action, with details of successful administrative action reported on in their annual report.
"Sacaa continues to receive complaints of violations, including flying over private property without consent. It should be highlighted that the mandate of Sacaa focuses on safety and security in civil aviation activities. Other avenues remain available for infringements that are not within this scope (i.e. criminal case reporting and other legal recourse).
"In terms of Part 185 of the Civil Aviation Regulations, 2011, the contravention of the rules in place for the use and operation of remotely piloted aircraft systems (drones) in South Africa may render an offender to be liable for administrative action by Sacaa or criminal prosecution by the criminal justice system."
The authority said that it also implements measures aimed at fostering safety and security of civil aviation activities.
"This includes enforcement action against reported offences, which are reflected in the Sacaa annual report. Members of the public may also report contraventions to law enforcement agencies."
ALSO READ: When drones violate your privacy
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