Drones & the law

[BenPaarl]

Well done!

[BenPaarl]

A links to the mission Statement and application for membership is here:

https://drive.google.com/folderview?id= ... sp=sharing

Regards

Ben

[gthomas]

A links to the mission Statement and application for membership is here:

https://drive.google.com/folderview?id= ... sp=sharing

Regards

Ben

https://drive.google.com/folderview?id= ... sp=sharing

[BenPaarl]

Thanks for the help with our own facebook page.

Look for us under: The South African UAV Association for small aircraft

[BenPaarl]

Thanks for the inputs received so far.

The issue at hand is to determine the size and type of UAV that the new association wish to promote the interests of. The proposal in the draft mission statement to start of with the model aircraft type of UAV as a small UAV for our purposes does not work as it excludes many multi-rotor aircraft currently in use.

The SACAA has a work group who are considering classification of UAVs on Maximum Take Off Weight (MTOW)
The following categories are considered:

Small category
Smaller than 1.5 kg
1.5 to 7 kg
7 to 20 kg

large category
20 to 150 kg
more than 150 kg

They do not appear to draw a distinction between fixed wing and rotary aircraft.

I think we must follow course and I have amended the draft mission statement accordingly.

[CapeSailplanes]

Thanks for the inputs received so far.

The following categories are considered:

Small category
Smaller than 1.5 kg
1.5 to 7 kg
7 to 20 kg

large category
20 to 150 kg
more than 150 kg

Hi Ben,
I think that all other "technical" specs should br left out of the document (wingspan/motor displacement/cell count, etc). The two catagories of weight as considered by SACAA should be good enough for our mission statement, after all, why complicate the document with unecessary clutter?
Marc

[Skyfly]

Hi Ben

I think we should have two sections.


1) The average hobby FPV, Multirotor flyer (Small Class)
2) The Professional or "commercial"class (Large Class)

This way we will stand for all groups. Obviously the commercial section will be more in details as the hobby or small category.

The Hobbyist will anyway be regulated by his RC club or field. For example maybe have an Weight and Length classification.

Regards
Charl

[BenPaarl]

Hi Charl

I don't think the size of the craft must determine whether you may use it commercially or recreational, I think the size of the craft is only relevant in respect to determine its potential risk and therefore the amount of regulation needed.

Many small drones (under 20 kg) are used commercially, look at team Black Sheep for example. I agree with Mark that we should follow the current thinking of the SACAA, as our inputs will eventually be considered by the SACAA, who must make the final decisions, (but that is my opinion). I will during the week-end circulate all the comments received so far, to the Association's members so that they can consider all inputs, so that the Association can take a legitimate position on the matter as required by our mission statement.

[BenPaarl]

As promised I have written a few notes on the Law and Drones. It is not intended as any legal opinion and people use it at their own risk

Please feel free to criticize, I am open to any criticism, constructive or other wise.

The first document is intended to get every one on the same page as far as the question "what is law and where does SAMAA and its rules fit in".

Enjoy.

Drones and the Law
A simple explanation
Vol. 1 (Our legal framework of laws)

Introduction.

Most of the law regarding drones is contained in legislation so we need to have a basic understanding of our legislative system and how it works.

Laws consist of:

At National level:
1. Legislation (Acts made by Parliament)
2. Regulations (made by Ministers if authorized to do so by and act)
3. Notices and directives (made by officials if authorized to do so by and act or regulation). These play a very important role in Civil Aviation and are divided in many different type of legal instruments. (More about this in the next document)

At Local level:
1. By- laws are made by the council of an municipality.

The above (in wide terms) describes our statutory law, which:
• It is binding on every one,
• may describe offences, the SAPS must investigate, and
• provide for penalties, that the criminal courts may impose.

The levels of law are arranged in a hierarchy, Acts on top, notices below and By-laws in another pile in the bottom drawer.

1. Notices and directives cannot amend regulations.
2. Regulations cannot amend Laws.

The lower order of law may however exempt one from complying with higher order law, if the hider order law specifically allow the lower order to do so, and then it can only do so to the extent allowed. By-laws cannot amend or exempt one from any law of National Application.

Other legal documents:

We are also influenced by other documents such as rules and constitutions of non Statutory bodies such as SAMAA. These are not laws, cannot create offences or prescribe penalties and can not be enforced by criminal courts or the SAPS. It has the legal nature of an agreement between the parties and enforcement is normally limited to ultimately expulsion from the organisation. It cannot amend any Law or grant an exemption thereto.

So, should SAMAA prohibit it's members from committing an act (provided for in it's own regulations or procedures) which is also an offence in terms of any law, the offender can be prosecuted in a criminal court of the offence, not of contravening SAMAA's rule on the same subject. Similarly, SAMAA cannot act on the offence, except for reporting the matter (as any one else may also do) to the authorities. The SAPS will have to open a criminal case for a court to decide (SAMAA as an organisation, plays no or little role in this matter except perhaps that a member of SAMAA my be called as a witness).

Application

Persons operating aircraft must comply with the prevailing law at all times.

Clubs and other non-statutory bodies cannot make rules that can exempt you from the provisions of any law.

They may impose restrictions or conditions on their members that is only enforcible inter partes (between the parties).

Exemptions from any law can only be granted in terms of a law, by a competent person (normally the Director of a body of the State) or institution (some statutory body) provided for in that Law.



A copy of this document can be found here: https://docs.google.com/file/d/0B1YTD2R ... sp=sharing

[BenPaarl]

The South African UAV Association for small aircraft operators have launched their new website at :

http://soutafricanuav.org/Home/

http://soutafricanuav.org/Home/

Any person operating an UAV or FPV aircraft under 20 kg may join this association.

[Viking]

From the Beeb today

http://www.bbc.co.uk/news/world-us-canada-25552825