Drone industry vs DFFE

Unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard.

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henkhugo
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Drone industry vs DFFE

Unread post by henkhugo »

See attached the full judgement in the case between several drone manufactures and importers and DFFE.
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Re: Drone industry vs DFFE

Unread post by KZNChris »

So I guess - KITE fishing is then also banned ?
Something that has been used possibly for centuries

What about if you get someone to take your bait out on a paddle ski ?
Some version of which has also been done for ages
Is THAT also banned / illegal ?

CLEARLY in MY little mind this whole thing looks more like an attack on RPAS / UAV / Drones

Apart from that - employ dumb legal representatives - get a dumb result !
Have people not yet worked out the type of ignorant Luddite they are dealing with ?
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Re: Drone industry vs DFFE

Unread post by edwoodza »

Its interesting the judgement ignored Part 101, which also requires all drones sold to carry a warning about ZA drone laws (todate never seen one)
because under 101 there are many laws that make bait drones illegal as well.

Most bait drones are breaking 4 plus laws every time they fly
1. flying within 10km of airfield or helipad
2. flying over people
3. flying in marine reserves
4. Flying 50m from roads

the list could go on.
..
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Re: Drone industry vs DFFE

Unread post by henkhugo »

I spoke to a contact at DFFE and they said the CAA and DoT didnt respond to requests for info on drone laws etc.
edwoodza wrote: Wed May 04, 2022 10:37 am Its interesting the judgement ignored Part 101, which also requires all drones sold to carry a warning about ZA drone laws (todate never seen one)
because under 101 there are many laws that make bait drones illegal as well.

Most bait drones are breaking 4 plus laws every time they fly
1. flying within 10km of airfield or helipad
2. flying over people
3. flying in marine reserves
4. Flying 50m from roads

the list could go on.
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Re: Drone industry vs DFFE

Unread post by edwoodza »

they don't have to respond as its law and freely accessible and not knowing the law is not a defense either legally.

here is the law online
https://caa.mylexisnexis.co.za/

under REGULATION-->Civil Aviation Regulations, 2011-->Part 101
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Re: Drone industry vs DFFE

Unread post by henkhugo »

I see on the False Bay fishing pages several drones were confiscated on the beaches today, fines also issued.
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Re: Drone industry vs DFFE

Unread post by henkhugo »

Case postponed to Feb for further investigation
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Re: Drone industry vs DFFE

Unread post by Shepherd »

henkhugo wrote: Fri Nov 25, 2022 8:09 am Case postponed to Feb for further investigation
Any mention of how much the fines were?

Or specifically what they were being charged for and perhaps who have laid these charges?
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Re: Drone industry vs DFFE

Unread post by henkhugo »

Shepherd wrote: Wed Dec 14, 2022 7:51 am
henkhugo wrote: Fri Nov 25, 2022 8:09 am Case postponed to Feb for further investigation
Any mention of how much the fines were?

Or specifically what they were being charged for and perhaps who have laid these charges?
R2500 and drones confiscated by SAPS, SANPark Rangers and City of Cape Town LE Marine Unit. Not sure what the charges are but they violate many of the drone regulations.
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Re: Drone industry vs DFFE

Unread post by Shepherd »

henkhugo wrote: Thu Dec 15, 2022 6:13 am
Shepherd wrote: Wed Dec 14, 2022 7:51 am
henkhugo wrote: Fri Nov 25, 2022 8:09 am Case postponed to Feb for further investigation
Any mention of how much the fines were?

Or specifically what they were being charged for and perhaps who have laid these charges?
R2500 and drones confiscated by SAPS, SANPark Rangers and City of Cape Town LE Marine Unit. Not sure what the charges are but they violate many of the drone regulations.

Interesting, thanks for the info.
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Re: Drone industry vs DFFE

Unread post by henkhugo »

Shepherd wrote: Mon Dec 19, 2022 11:47 am
henkhugo wrote: Thu Dec 15, 2022 6:13 am
Shepherd wrote: Wed Dec 14, 2022 7:51 am

Any mention of how much the fines were?

Or specifically what they were being charged for and perhaps who have laid these charges?
R2500 and drones confiscated by SAPS, SANPark Rangers and City of Cape Town LE Marine Unit. Not sure what the charges are but they violate many of the drone regulations.

Interesting, thanks for the info.
Pleasure - they are going on about their rights to fish with drones etc but completely ignoring the CAA regulations which supersedes all other regs on drones. I'll post more info as I get it.
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Re: Drone industry vs DFFE

Unread post by Shepherd »

henkhugo wrote: Mon Dec 19, 2022 12:38 pm
Shepherd wrote: Mon Dec 19, 2022 11:47 am
henkhugo wrote: Thu Dec 15, 2022 6:13 am

R2500 and drones confiscated by SAPS, SANPark Rangers and City of Cape Town LE Marine Unit. Not sure what the charges are but they violate many of the drone regulations.

Interesting, thanks for the info.
Pleasure - they are going on about their rights to fish with drones etc but completely ignoring the CAA regulations which supersedes all other regs on drones. I'll post more info as I get it.

I appreciate it, don't pick much of it up about here on the east coast.

However often get asked about it and have personally seen lots of instanced where its used, in controlled airspace mainly.

But what is very prevalent here is photos and videos of the Durban beach front, blatant use of drones in the controlled airspace as well as a FAR as well. It always baffles me that these things get published so openly and that the CAA does not do much about it proactively.

Also a big issue is most of the cops we speak with don't know that they have charge codes now to use. However even that in itself is a bit of a laugh... Because when they do come and ask for paperwork they wouldn't know the difference between any of the CAA documents or what is really required.

Anywho, always interested in seeing how these things play out in court though, so thanks for sharing.
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Re: Drone industry vs DFFE

Unread post by Mouser »

henkhugo wrote: Mon Dec 19, 2022 12:38 pm
Shepherd wrote: Mon Dec 19, 2022 11:47 am
henkhugo wrote: Thu Dec 15, 2022 6:13 am

R2500 and drones confiscated by SAPS, SANPark Rangers and City of Cape Town LE Marine Unit. Not sure what the charges are but they violate many of the drone regulations.

Interesting, thanks for the info.
Pleasure - they are going on about their rights to fish with drones etc but completely ignoring the CAA regulations which supersedes all other regs on drones. I'll post more info as I get it.
I did also hear that most fishing clubs had banned the use of drones (they were murdering the reef fish) so there will always be eyes out there seeing illegal flying and maybe applying pressure on authorities to act.
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Re: Drone industry vs DFFE

Unread post by henkhugo »

Shepherd wrote: Mon Dec 19, 2022 4:14 pm
henkhugo wrote: Mon Dec 19, 2022 12:38 pm
Shepherd wrote: Mon Dec 19, 2022 11:47 am


Interesting, thanks for the info.
Pleasure - they are going on about their rights to fish with drones etc but completely ignoring the CAA regulations which supersedes all other regs on drones. I'll post more info as I get it.

I appreciate it, don't pick much of it up about here on the east coast.

However often get asked about it and have personally seen lots of instanced where its used, in controlled airspace mainly.

But what is very prevalent here is photos and videos of the Durban beach front, blatant use of drones in the controlled airspace as well as a FAR as well. It always baffles me that these things get published so openly and that the CAA does not do much about it proactively.

Also a big issue is most of the cops we speak with don't know that they have charge codes now to use. However even that in itself is a bit of a laugh... Because when they do come and ask for paperwork they wouldn't know the difference between any of the CAA documents or what is really required.

Anywho, always interested in seeing how these things play out in court though, so thanks for sharing.
The failure of the CAA is a whooooooole other discussion...

We are VERY lucky (unlucky for some) that we have JP Smith and his brilliant team of City Law Enforcement, Metro and Traffic on our side. They realized DFFE is incapable and/or unwilling to do anything about the poaching so they formed the LE Marine Unit and wrote the City Coastal Bylaw. They are very successful in dealing with the abalone and crayfish poaching and have now moved onto the fish poachers. Many of these drone "anglers" sell their catches and they try to justify the illegal sales as offsetting the cost of the drones.
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Re: Drone industry vs DFFE

Unread post by henkhugo »

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