Drones - Are you flying by the rules?
Australians have fallen in love with drones. Drones are also known as remotely piloted aircraft (RPA). Drones clever flying machines that can capture images and running video of Australia’s beautiful backyards, parks, beaches, and scenery. Drones are also used for many other aspects of life including real estate advertising, capturing sporting footage and wide filming of our family keepsakes such as weddings.
The Australian Government Civil Aviation Safety Authority (CASA) website contains a useful video to help assist Australians to understand the rules for flying your drone.
It is important to note:
Your drone must be at least 30 metres away from other people.
You can only fly one drone at a time and you cannot fly that drone higher than 120 metres off the ground (about the length of a football field). Your drone must be at least 5.5 kilometres away from any flight control towers such as airports.
Drones can only fly during daylight hours, with no clouds or fog.
Your eyes must be able to always visually see your drone without the assistance of a device such as video screen or goggles.
You must not fly your drone over any area that affects public safety or emergency operations underway such as car accidents, bushfires, police activity, etc.
You can be fined or taken to court for breaking any of these rules. Fines of up to $1,110 can be issued per offence. Much larger fines and a term of imprisonment can be enforced if you are operating a drone in such a way that is hazardous to any aircraft. Further information about fines and penalties can be found on the CASA website. If in doubt, manoeuvre your drone out of harms way and land your drone safely.
The current rules related to drones are contained in Part 101 of the Civil Aviation Safety Regulations 1998 (Cth) (CASR).
Depending on the purpose of use and the size of your drone, your drone may need to be registered. Registration is free and can be completed online. Registration is required for drones flown for business or as part of your job. Your drone will not need to be registered if you’re flying for sport or recreation. Penalties of up to $11,100 apply for unregistered drones being flown for business or as part of your job.
Using your drone for business or as part of your job
Some drone operators are excluded from needing a remote pilot licence (RePL) or remotely piloted aircraft operator’s certificate (ReOC) to fly a drone for business or as part of your job.
You can fly a small drone or RPA that weighs more than 2 kg but not more than 25 kg over your own land for business or as part of your job provided you do not accept any type of payment or reward for the services.
If you are using your drone for business or as part of your job, you must:
register your drone.
Depending on the size of your drone, you may need to:
(a) obtain an aviation reference number (ARN);
(b) obtain an remotely piloted aircraft (RPA) operator accreditation;
(c) keep required operational records;
(c) fly your drone within the standard operating conditions;
For more information about registration and other conditions to fly your drone for business or as part of your job, visit the excluded category page of the CASA website.
There is a CASA approved app you can download to check your surroundings to ensure you can use your drone legally in the area you are in.
If you have any questions about the operation and/or use of your drone, please contact the team at Ardent Lawyers on (02) 4444 6808 or contact@ardentlawyers.com.au.
