Article updated on 02/03/2020
If you’re only interested in flying your drone for private use (no commercial interest, outcome or gain), you won’t need to register the drone or obtain any licences, but the South African Civil Aviation Authority (SACAA) Remotely Piloted Aircraft System (RPAS) Part 101 Regulations still apply.
What?
You’re allowed to fly a drone that weighs up to 7 kg, which shouldn’t be a problem as hobby drones only weigh up to about 1.5 kg. Unsurprisingly, the drone may not carry any passengers or transport cargo.
When?
Apart from not being allowed to fly at night, be sure to keep an eye out for bad weather such as strong winds, rain or fog – let your common sense guide you. And in case you were wondering, you’re not allowed to drink and drive/fly.
How far and how high?
You may fly in Restricted Visual Line of Sight (R-VLOS) only, which means that you must always maintain a direct and unaided line of sight with the drone, including keeping to the:
- Max distance: The drone may fly up to 500 m away from the pilot whilst maintaining a direct line of sight.
- Max height: The drone may not fly higher than 45 m (150 ft) from the ground and it must stay below the height of the highest obstacle within 300 m of the pilot.
Where?
This is where it gets tricky. In a nutshell, you must keep more than 50 m away from people, roads and buildings, and you need explicit permission to fly over other people’s properties.
You must steer clear from (and within 10 km from) airports/aerodromes and respect other people’s privacy by not flying into or over their properties without permission – note that it may constitute trespassing.
There are many more No Fly Zones (NFZ) in South Africa that you need to take note of. Do yourself a favour and look these up – it’s better being safe than sorry. The NFZs include prisons, police stations, crime scenes, courts of law, nuclear power plants, and National Key Points or Strategic installations like the Union Buildings Presidency in Pretoria.
Other prohibited air spaces include restricted (FAR), danger (FAD) and environmental (FAP) areas such as SAN Parks. This is because some sightseers use their drones to disturb or chase wild animals. Only drones used for wildlife conservation and research purposes are allowed, subject to special permission and the required remote pilot licensing.
And no matter how good it looks, remember that you cannot fly your drone in a swarm like Lady Gaga’s 2017 Super Bowl drone show. Any hobby drone pilot who fails to adhere to these regulations may receive a 10-year prison sentence or a fine of up to R50 000, or both.
T&Cs
- The information provided in this article is based on our understanding of the SACAA RPAS regulations and its purpose is to provide helpful information on the subject discussed. It is not meant to be read without consulting the SACAA Regulations for non-commercial RPA use. Always fact check this interpretation with the SACAA RPA drone regulations to avoid ambiguity.
- The publisher and the author are not responsible for any loss, damage or any legal action taken against the drone operator as a result of the misinterpretation of the regulations by either the drone operator or Outdoorphoto.
- References are provided for information purposes only.
What can we do if our neighbors are flying over our property and taking photos?
Michelle > Look, you can report them, but I wouldn’t worry about it to be honest. Most drone cameras are absolutely useless compared to a silent DSLR at ground level.
In order to effectively “spy” on you, they would need to be literally RIGHT outside your bedroom window or JUST above your head.
Better to check that they’ve not got a normal camera aimed at you from next door. Much more powerful and likely to be intruding on your privacy that way.
Confront them and if they do it again, the drone is over your property, so do what you want to.
If I want to use my drone on the farm to fly out to farm areas, do I also have to adhere to the regulations of direct line of sight?
The farm is in the Kalahari of Namibia.
If the drone has a capability of 7km away from controller, is the drone governed internally to comply with regulations?
Thanks
Hi Martin
The best course of action would be to contact the Namibian Civil Aviation Authority at rpas@dca.com.na and clarify this with them as their RPAS regulations possibly differ from ours. For more information on safe flying zones and Namibia’s drone regulations, please also visit http://www.dca.com.na
All the best
The Outdoorphoto Team
Hi there, as a hobbyist can I donate my aerial shots to a person to use on their website? They are not getting any financial gain from the images themselves.
Hi Michael
You may donate aerial shots for use online providing that those images adhere to the SACAA drone regulations and that you, as the photographer take responsibility for any queries that may arise. Baring this in mind, we recommend crediting you as the photographer.
Regards
The Outdoorphoto Team
Thank you for the reply, I’ve mailed the SACAA for their input regarding clear regulations on this matter and awaiting their reply.
I fully agree with you, but a registered CAA drone flight instructor told me that the website is used to promote the company, and therefore they would need a licensed person. I told him I disagree, and he informed me he will explain the law to me.
I feel that I need not go on his word, but rather legislation, black on white.
Thanks yet again.
Warm regards,
Michael Minnie
Hi Michael
We’re happy to hear that you’re in conversation with the SACAA. For sound legal advice, we encourage drone pilots to clarify regulations directly with the SACAA and qualified, professional lawyers.
Please do let us know the outcome on the matter? We’re sure other drone pilots will benefit from this information.
Regards
The Outdoorphoto Team
Can I use a drone on a closed property for security alert when intrusion is detected – e.g. retirement villages – plots farms where the crime is out of control etc.
After reading the recommendations, I checked the SACAA regulations and noticed that it mentions a maximum height of 150 feet (50m) from the ground. Can you comment?
Hello
The max-height allowed is not more than 400 feet being 120 meters and not 45 meters or rather 150 feet.
Download the Hover App to always stay within fly zones. It is awesome to show you where you may and may not fly!
Hi, what can I do when people use drones to film (disturb) Southern Right Whale mating and mother/calf groups? These drones go as low as 20m from the whales and sometimes up to 7 drones at once. This is very disturbing as it is Marine – Conservation companies who use the footage for marketing purposes and really makes me upset.
Don’t they need a permit to to something like this and is there not rules and regulations for min / max height when it comes to ”shooting” live animals?
Hi, I would like to do roof inspections on our entire property portfolio. The properties are scattered all over South Africa. I will not be flying higher than 20m from the ground at our properties. What type of approval do I need to get as we are the owners of the property?
Our community on the outskirts of Port Elizabeth want to use a drone with thermal imaging to combat crime in our area. Can we apply to get permission to fly at night when necessary and if so, who do we approach?
This article states the definition of R-VLOS incorrectly.
Restricted visual line-of-sight* – means an operation within 500 m of the remote pilot and below the height of the highest obstacle within 300 m of the RPA, which the remote pilot maintains direct unaided visual contact with the RPA to manage its flight and meet separation and collision avoidance responsibilities;
http://www.caa.co.za/Pages/RPAS/Private%20Operations.aspx
Can i use a drone to capture a wedding without a license or registering the drone?
Hi Matlhatsi
If it’s for personal use, you’ll need to register the drone, obtain permission from the property owner and abide by all other RPA Regulations.
But, once it’s for commercial use, you’ll need to obtain aviation training at an approved training organisation (ATO), and various licences in addition to the above.
Kind regards
The Outdoorphoto Team
Thank you for the info and links provided. So, I guess my 1-day new 380g quadcopter/drone will have to stay in its box forever as it seems to be a weapon of mass destruction! The salesman at Makro where I bought it from assured me that I would not have any problems and or trespassing any laws/bylaws when flying around in my neighbourhood – I will be going back there tomorrow and demand that in writing. I do live 2km (line of sight) from the Wonderboom Airport. Gone is my exitement.
Do these rules apply to travellers of other nationalities?
Hi EJ
Yes, since the SACAA regulates South African airspace these rules would apply to anyone within the geographic region regardless of nationality.
Kind regards
The Outdoorphoto Team
What restricted areas are there for Lephalale to fly a small drone e.g., DJI Spark and can you fly over the bush and Mogol river?
What is the process if I want to take aerial pictures of my house inside a complex?
Morning
I use my drone to scan roof layouts for solar projects for my self. I always ask the landlords permission prior to flight. Is there anything else I should be aware of?
Cheers Mac
My neighbour is flying his drone over many private properties in a residential area. He has not asked any of the neighbours if he can fly over their property. Not only do we feel intimidated but we have lost our privacy. I think this is only a hobby… I very much doubt he has a license for this. What is the fine for this; what is the process?
Hi, as a foreigner visiting South Africa, could I fly my drone in South Africa?
Hi, if my house is within the 10km no-fly zone, am I forced not to fly a drone in my own yard? If so, what great areas close to East Rand can you recommend to go to for great pictures.
It appears that the professional drone organisation is more concerned with protecting their business and income by eliminating any competition from private individuals. The cost of achieving the required qualification is horrendous and is only there to restrict the world of drones to the wealthy or businesses. What about kites, it is quite easy to mount a camera on a large kite? I suppose kites may be just as dangerous to low flying aircraft, cars and people. Historically their weren’t any rules or cameras on kites but as soon as someone manages to take photos from a kite, I am sure the professionals will be looking for all sorts of government agencies to create laws banning kites.
Where can I check what the legal requirements are for commercial use of drones? I am in the forestry industry and plan to use them for spraying herbicides.
Hi Chantelle
For the most accurate and up to date requirements, it’s best to contact the SACAA directly. Alternatively, you can also get in touch with a SACAA approved RPAS Operator as listed on their website:
http://www.caa.co.za/pages/rpas/rpas%20operators.aspx
Regards
The Outdoorphoto Team
Hi, I have a small 120g drone that I use to exercise my dogs and do not fly higher than the wall. I am in Lyttelton between Waterkloof and the Swartkop Air Force Base – is it legal? My neighbour complains, saying that his dogs fight when they hear it.
What are the laws when using my drone for fishing?
Hi
The overall rules are indeed helpful. It is interesting that for example in the US you just need to register your drone to the FAA and only cost 5 bucks. Here if a normal person wants to earn some Rands need to get an astronaut license that is indeed completely discriminatory. Like somebody have to request permission to ATC to take off his/her DJI Spark when making, let’s say, a family video. You cannot put in the same category a Mavic Air with an Alta 6 or Matrice 600. These commercial rules are clearly made to frame the business and keep it away from the normal people. Good lobbying right there. Well done Professional Drone Association.
Agreed Ivan.
Drones or UAVs in Canada under 250g dont need to be licensed.
But in ZA as soon as its for commercial use…must be licensed.
Comes down to ‘The dollar sign scenario’ for those institutions.
Yes the drones need rules. But there are vast differences of income while using certain drones.
Grey area – what about people using a drone with camera as a gimbal – holding it while walking through a home for a video. Technically they are using a drone, but technically they aren’t flying it. Technically they can get fined.
Please provide me with three approved training organisation (ATO) in Mpumalanga or Gauteng.
Hi Mzwakhe
Unfortunately, we cannot provide you with the requested information as we are not affiliated with any of the aviation schools nor do we have an up-to-date list of approved ATOs.
Please refer directly to the SACAA for information on approved training centres. I’ve found this online: http://www.caa.co.za/Aviation%20Personnel%20Standards/SACAA%20-%20ATOs%20Jan%202020.pdf
Kind regards
The Outdoorphoto Team
I want to use a drone on the mine to fly out to mine area, do I also have to adhere to the regulations of direct line of sight?
The mine is in SA. There is no financial gain and is for security surveillance only.
If the drone has a capability of 8km away from controller, is the drone and Pilot governed internally to comply with regulations?
Thanks
The reason for strict drone laws is that drones fly in the same airspace as other aircraft, so the main concern is safety. Certified pilots have to fly with a handheld aviation radio to notify other aircraft in the area. A drone can easily bring down a helicopter and easily fly into a wing of an aircraft, where you know are the fuel tanks. The airspace in South Africa is divided into different air zones and drone pilots have to obey the different rules that apply for safety purposes. The same laws and rules that apply to any aircraft pilot will also apply to any certified drone pilot. There is a public ignorance of the complexity of safety in airspaces and this is where the misunderstandings occur. At the end of the day the laws are there to protect human lives!