222 South Africa
Two equal width horizontal bands of red (top) and blue separated by a central green band that splits into a horizontal Y, the arms of which end at the corners of the hoist side. The Y embraces a black isosceles triangle from which the arms are separated by narrow yellow bands. The red and blue bands are separated from the green band and its arms by narrow white stripes. The flag colors do not have any official symbolism, but the Y stands for the “convergence of diverse elements within South African society, taking the road ahead in unity”. Black, yellow, and green are found on the flag of the African National Congress, while red, white, and blue are the colors in the flags of the Netherlands and the UK, whose settlers ruled South Africa during the colonial era.
Flag courtesy of the CIA World Factbook
Map courtesy of the CIA World Factbook
Buildings in the Bo-Kaap District in Cape Town with very brightly painted exteriors.
Photo courtesy of the CIA World Factbook
Government
According to Britannica, South Africa’s original constitution, the British Parliament’s South Africa Act of 1909, united two former British colonies, the Cape of Good Hope and Natal, with two former Boer (Dutch) republics, the Transvaal and Orange Free State. The new Union of South Africa was based on a parliamentary system with the British monarch as head of state. The Republic of South Africa Constitution Act of 1961 transformed the country from a dominion within the British Commonwealth into an independent republic.
South Africa’s political development was shaped by its colonial past and the implementation of apartheid policies by the white minority. After widespread protest and social unrest, a new nonracial interim constitution was adopted in 1993 and took effect in 1994. A new, permanent constitution, mandated by the interim document and drafted by Parliament in 1996, took effect in 1997.
The 1909 South Africa Act served as the country’s constitution until 1961. When South Africa officially became a republic in 1961, a constitution was finally written. In addition to providing for the already established positions of president and prime minister, the constitution gave Coloreds and Asians some voting rights. A new constitution was promulgated in 1984. The bicameral parliament was replaced by a tricameral system that created a House of Assembly for whites, a House of Representatives for Coloreds, and a House of Delegates for Indians. The Black majority was given few political rights in either constitution.
The 1996 constitution’s preamble points to the injustices of South Africa’s past and defines the republic as a sovereign democratic state founded on the principles of human dignity, non-racialism and non-sexism, and the achievement of equality and advancement of human rights and freedoms. Another of the guiding principles, that of “cooperative government,” emphasizes the distinctiveness, interdependence, and interrelationship of the national, provincial, and local spheres of government. The constitution established the bicameral national Parliament. The lower house, or National Assembly, comprises 350 to 400 members who are directly elected to a five-year term through proportional representation. The National Council of Provinces, which replaced the Senate as the upper house, is made up of 10-member delegations (each with six permanent and four special members, including the provincial premier) chosen by each of the provincial assemblies. For most votes each delegation casts a single vote. The president, elected from among the members of the National Assembly by that body, is the head of state; as the national executive, the president presides over a cabinet that includes a deputy president and a member whom the president designates as the “leader of government business” in the assembly.
Local government was established in 1909 when the four former colonies became provinces. Each was governed by a white-elected provincial council with limited legislative powers. The administrator of each province was appointed by the central government and presided over an executive committee representing the majority party in the council. Provincial councils were abolished in 1986, and the executive committees, appointed by the president, became the administrative arms of the state in each province. By the late 1980s a small number of Blacks, Coloreds, and Indians had been appointed to them.
In 1994 the four original provinces of South Africa (Cape of Good Hope, Orange Free State, Transvaal, and Natal) and the four former independent homelands (Transkei, Bophuthatswana, Venda, and Ciskei) were reorganized into 9 provinces: Western Cape, Northern Cape, Eastern Cape, North-West, Free State, Pretoria-Witwatersrand-Vereeniging (now Gauteng), Eastern Transvaal (now Mpumalanga), Northern (now Limpopo), and KwaZulu-Natal. The constitution provides for the election of provincial legislatures comprising 30 to 80 members elected to five-year terms through proportional representation. Each legislature elects a premier, who then appoints a provincial executive council of up to 10 members. The provincial legislatures have the authority to legislate in a range of matters specified in the constitution, including education, environment, health, housing, police, and transport, although complex provisions give the central government a degree of concurrent power. South Africa thus has a weak federal system.
Urban municipal government has developed unevenly in South Africa since the early 19th century. In the 20th century, intensified urban segregation was accompanied by the creation of councils that advised the administrators appointed by white governments to run Black, Colored, and Asian “locations” and “townships.” In most rural areas, white governments tried to incorporate indigenous hereditary leaders (“chiefs”) of local communities as the front line for governing Blacks, although the Cape administration also set up a parallel system of appointed “headmen.”
Under the 1996 constitution, local government is predicated on a division of the entire country into municipalities. Executive and legislative authority is vested in municipal councils, some of which share authority with other municipalities. Chiefs remain important in rural governance. They generally work with appointed councils regarded by their supporters as traditional. Efforts by other Blacks to reform and democratize rural administration and reduce the power of chiefs have become some of the most violently contentious issues in post-apartheid politics.
The common law of the republic is based on Roman-Dutch law, the un-codified law of the Netherlands having been retained after the Cape’s cession to the United Kingdom in 1815. The judiciary comprises the Constitutional Court (with powers to decide on the constitutionality of legislative and administrative actions, particularly with respect to the bill of rights), the Supreme Court of Appeal (the highest court of appeal except in constitutional matters), the High Courts, and Magistrate’s Courts. Parliament may create additional courts but only with status equal to that of the High and Magistrate’s Courts. The Supreme Court is headed by a chief justice, who is appointed by the state president, as are the deputy chief justice and the chief justice and deputy chief justice of the Constitutional Court. Other judges are appointed by the president with the advice of the Judicial Service Commission.
Traditional authorities exercise some powers in relation to customary law, which derives from indigenous African practice codified in some areas (such as KwaZulu-Natal) by colonial rulers. Customary law continues to be recognized in various ways. For example, marriage in South Africa takes place either under customary law or under statute law, with profound implications for the legal status of African women married under customary law. Most civil and criminal litigation is a matter for the Magistrate’s Courts.
Civil / National Aviation Authority (CAA/NAA)
The South African Civil Aviation Authority (SACAA) is an agency of the Department of Transport (DoT), established on 01 October 1998, following the enactment of the now repealed South African Civil Aviation Authority Act, 1998 (Act No. 40 of 1998). This Act was replaced by the Civil Aviation Act, 2009 (Act No. 13 of 2009), which came into effect on 31 March 2010. As outlined in the Public Finance Management Act (PFMA), 1999 (Act No. 1 of 1999) (as amended by Act No. 29 of 1999), the SACAA is a Schedule 3A public entity. The PFMA designates the SACAA’s Board of Directors as the organization’s Accounting Authority responsible for governance, while the Minister of Transport is the Executive Authority.
The Civil Aviation Act provides for the establishment of a stand-alone authority, mandated with controlling, promoting, regulating, supporting, developing, enforcing, and continuously improving levels of safety and security throughout the civil aviation industry. The above is achieved by complying with the Standards and Recommended Practices (SARPs) of the International Civil Aviation Organization (ICAO), while considering the local context. The SACAA, through a Ministerial order, is mandated with the administrative functioning of the aircraft Accident and Incident Investigation Division (AIID), while the Department of Transport is responsible for the functional running of this unit. At the time of establishment, the SACAA was also tasked with the running of the Flight Inspection Unit, whose aim is to conduct calibration and flight inspection of ground radio navigational aids in South Africa and beyond.
Airspace
SkyVector – Google Maps – ADS-B Exchange
ICAO countries publish an Aeronautical Information Publication (AIP). This document is divided into three parts: General (GEN), En Route (ENR) and Aerodromes (AD). ENR 1.4 details the types of airspace classes they chose to adopt from classes A through G. South Africa AIP
Drone Regulations
SA-CATS 101 RPAS
SA-CATS 101
Remotely Piloted Aircraft Systems
[SA-CATS 101 amended by the Director of Civil Aviation through SA-CATS 1/2017 w.e.f. 1 June 2017 and SA-CATS 2/2021 w.e.f. 15 November 2021.]
SUBPART 1:
GENERAL PROVISIONS
(1) This Part applies to—
(a) Class 1 and 2 of remotely piloted aircraft, unless otherwise approved by the Director; and
(b) persons acting as owners, operators, observers, pilots and in the performance of maintenance of RPA.
(2) For the purposes of this Part, RPAS may be operated for—
(a) commercial operations;
(b) corporate operations;
(c) non-profit operations; and
(d) private operations.
(3) This Part does not apply to—
(a) autonomous unmanned aircraft, unmanned free balloons and their operations or other types of aircraft which cannot be managed on a real-time basis during flight;
(b) an aircraft operated in terms of Part 94;
(c) a model aircraft; and
(d) toy aircraft.
(1) Subject to sub regulation (2), the provisions of subparts 2, 3, 4 and 6 of this Part do not apply to private operation of RPAS.
(2) Notwithstanding sub-regulation (1), the provisions of regulations 101.05.5 (2); 101.05.8 (1) (b), (c) and (d); 101.05.10 (1) (a) and (b) do not apply to private operation of RPAS.
(3) Private operations of RPAS shall be conducted only in R-VLOS with a Class 1A or 1B RPA.
RPAS shall be grouped in accordance with the classifications as prescribed in Document SA-CATS 101.
The Director may, from time to time, issue directives which are necessary for safe and secure operation of RPAS.
1. Classification of RPA
The classification of RPA as prescribed in CAR 101.01.5 is as follows –
On the sale or re-sale of any RPA, the seller must display and provide a notice, to notify the purchaser of the following information –
“Note: The operation of Remotely Piloted Aircraft (RPA) is regulated in terms of the South African Civil Aviation Regulations.
Operations as a hobbyist are subject to the terms of Part 94, whereas private use is restricted in terms of regulation 101.01.4 of the Civil Aviation Regulations.
For private use –
(a) the RPAS may only be used for an individual’s personal and private purposes where there is no commercial outcome, interest or gain;
(b) the RPA may only be operated over property for which the operator has ownership or permission;
(c) the RPAS can only be used in Restricted Visual Line of Sight which means within 500m of the pilot, and never to exceed the height of the highest obstacle within 300m of the pilot, during which the pilot can maintain direct unaided visual contact with the device to manage its flight and collision avoidance; and
(d) the pilot must observe all statutory requirements relating to liability, privacy and any other laws enforceable by any other authorities.
For all other use –
(a) the RPA must first be approved by the South African Civil Aviation Authority for use by way of an RPA Letter of Authority (RLA);
(b) all RPAs must be registered by the South African Civil Aviation Authority prior to use;
(c) an RPA may only be operated in terms of Part 101 of the South African Civil Aviation Regulations which includes specific requirements that the operator shall hold an RPA Pilot License; and”
[Editorial Note: Wording as per CAA issued content.]
APPROVAL AND REGISTRATION
(1) No RPAS shall be operated within the Republic, unless such RPAS has been issued with a letter of approval by the Director.
(2) An application for the issuing or renewal of an RLA shall be made to the Director on the appropriate form and accompanied by the appropriate fee as prescribed in Part 187.
(3) The Director shall issue an RLA if the applicant complies with the requirements prescribed in regulation 101.02.2
(4) An RLA shall be valid for a period of 12 months.
(1) An application for an initial approval, where no certification exists from an ICAO Contracting state shall be accompanied by all of the following information that is available from the manufacturer –
(a) The RPAS Operating Manual from the manufacturer;
(b) A submission, prepared by the applicant outlining all of the following information to the extent known, or available –
(i) For Class 1 and Class 2 operations, only sections 1 and 2 below;
(ii) For Class 3, Class 4 and Class 5 all sections below –
Section 1 – RPAS Information
1.1 RPAS type
1.2 RPA structure
1.3 RPA composition
1.4 flight envelope capability
1.5 RPA dimensions/measurements and mass together with drawings
1.6 mass and balance
1.7 payloads (specific or generic)
1.8 use of frequencies
1.9 remote pilot station
1.10 ground support equipment
1.11 flight recovery system
Section 2 – Performance Characteristics
2.1 maximum altitude
2.2 maximum endurance
2.3 maximum range
2.4 airspeed (take-off, cruise, landing, stall, maximum)
2.5 maximum rate of climb
2.6 maximum rate of descent
2.7 maximum bank angle
2.8 turn rate limits
2.9 propulsion system (such as engine/motor, fuel, electrical, hydraulic, pneumatic, gas, solar)
Section 3 – Performance Capabilities and Limitations
3.1 RPA performance limitations due to environmental and meteorological conditions (wind, ice, humidity, temperature, precipitation, hail)
3.2 required take-off and landing distances and/or areas
3.3 flight control surfaces and actuators
3.4 location of all air data sensors, antennas, radios, and navigation equipment with respect to segregation and redundancy
3.5 autopilot (type, manufacturer, description of working method)
3.6 navigation systems (description of the components, together with horizontal, vertical position and velocity accuracy)
3.7 sensors and/or telemetry
Section 4 – Emergencies and System Failures
4.1 At the minimum, the following emergency scenarios should be documented, with procedures for handling them –
(a) loss of autopilot (fatal error)
(b) loss of flight control due to servo failure, if applicable
(c) loss of propulsion power
(d) loss of engine power (one engine out), if applicable
(e) low battery voltage, if applicable
(f) loss of navigation components (heading or altitude)
(g) loss of Global Navigation Satellite System
(h) loss of data link (radio control link failure)
(i) loss of remote pilot station (remote pilot station communication failure)
(j) loss of power of remote pilot station
(k) loss of remote pilot/RPA observer communication
(l) dealing with structural damage
(m) any other failure modes or scenarios other than those listed above that can endanger safe flight, shall be identified, described and managed in a safe manner.
Section 5 – Hazard Assessment
An objective assessment of the RPAS’s potential hazard considerations, which should include –
(a) Identification of RPAS functions
(b) Systems that assist with the identification of failure conditions
(c) Management and mitigations of the failure conditions
(d) A list of alarms and methods for troubleshooting
Section 6 – Fail-safe features
Procedures to be followed by the remote pilot in case of malfunctions or failure. Information of flight termination features.
(1) Except as provided in sub regulation (2), an RPA shall be equipped with an altimetry system or equivalent, that is capable of displaying to the operator on the RPS, the altitude and height of the RPA above ground level.
(2) An RPA that is not equipped with an altimetry system or equivalent, required by subregulation (1) shall be operated under R-VLOS only.
1. Identification plate
(1) Every South African-registered RPA must have affixed to it an identification plate (engraved, stamped or etched) with its nationality and registration marks.
(2) The identification plate must –
(a) be made of fireproof material of suitable physical properties;
(b) be affixed to the RPA in a prominent position near the main hatch, entrance or compartment or affixed conspicuously to the exterior of the aircraft;
[Para. (b) amended by SA-CATS 1/2017 w.e.f. 1 June 2017.]
(c) include the registration mark issued by the authority which appears on the RPA’s certificate of registration; and
(d) be commensurate with the size of the RPA.
2. Display of marks
(1) The nationality and registration marks must be –
(a) affixed to the RPA by an appropriate means so as to ensure that such marking will not become detached from the RPA in the event of an accident or destruction of the RPA;
(b) legible;
(c) displayed to the best possible advantage having regard to the construction or features of the RPA; and
(d) kept clean and visible at all times.
(2) The registration mark letters and hyphen must be printed/painted in Roman characters, in black on a yellow background. The height of the yellow background shall be at least 120% of the font height.
(3) The size of the registration mark must be commensurate to the size of the RPA.
3. Location of marks
(1) The marks on a fixed wing RPA must appear-
(a) on the bottom and top surface of each wing; and
(b) on both sides of the fuselage between the wings and tail surfaces, or on the upper halves of the vertical tail surfaces.
(2) The marks on a single or multi-rotor RPA must appear –
(a) For spherical RPA the marks must be proportional to the surface area in two places diametrically opposite one another.
(b) For non-spherical RPA the marks must be proportional to the surface on each side.
4. Allocation and specification of marks
(1) The South African nationality marks are the capital letters ZS, ZT, and ZU.
(2) The nationality and registration marks must consist of capital letters in Roman characters without ornamentation.
(3) The width of each letter (except letter “I”) and the length of the hyphen must be two-thirds of the height of the letter – where possible.
(4) Each letter must be separated from the letter which immediately precedes or follows it by a space equal to one-third the height of the individual letters, the hyphen being regarded as a letter for this purpose.
(5) The lines forming the letters and hyphen must be solid and the thickness of those lines must be one-sixth of the height of the letter.
PERSONNEL LICENSING
101.03.1 . . . . . .
101.03.2 [Deleted] [TS 101.03.2 deleted by the Director of Civil Aviation through SA-CATS 2/2021 w.e.f. 15 November 2021.]
101.03.3 [Deleted] [TS 101.03.3 deleted by the Director of Civil Aviation through SA-CATS 2/2021 w.e.f. 15 November 2021.]
101.03.4 [Deleted] [TS 101.03.4 deleted by the Director of Civil Aviation through SA-CATS 2/2021 w.e.f. 15 November 2021.]
101.03.5 . . . . . .
101.03.6 . . . . . .
101.03.7 . . . . . .
RPAS OPERATOR CERTIFICATE
(1) No person shall operate an RPAS in terms of this Part unless such person is the holder of—
(a) in the case of commercial, corporate and non-profit operations, a valid ROC including the operations specifications attached thereto; and
(b) in the case of commercial operations, an air services license issued in terms of the Air Services Licensing Act, 1990 (Act No. 115 of 1990).
(1) An application for the issuing of an ROC or renewal or an amendment thereto, shall be—
(a) made to the Director on the appropriate form;
(b) accompanied by—
(i) the appropriate fee as prescribed in Part 187;
(ii) a copy of the certificate of registration of each RPA to be operated’,
(iii) a copy of the RLA for each device to be operated; and
(iv) for an initial issue, an original operations manual required by this Part.
(2) No RPA shall be registered under more than one ROC.
(1) An ROC shall be valid for 12 months from the date of issue unless—
(a) it is surrendered by the holder thereof; or
(b) it is suspended by an authorized officer, inspector or authorized person or cancelled by the Director.
(2) The holder of an ROC shall, at least 60 days immediately preceding the date on which such certificate expires, apply for the renewal of such certificate.
(3) The holder of an ROC which is cancelled shall, within seven days from the date on which the ROC is cancelled, surrender such document to the Director.
(1) The holder of an ROC shall—
(a) conduct the activities granted by such certificate and ensure compliance with the provisions authorized therein;
(b) ensure compliance with any other requirements which the Director may impose;
(c) report to the Director any changes directly or indirectly related to the ROC that may affect continued validity of the certificate or approval or safety of persons and property; and
(d) ensure that the RPAS operation is conducted in such a safe manner as to minimize the hazards to persons, property or other aircraft and in accordance with this Part.
(2) For operations approved for E-VLOS, the operator shall—
(a) make use of at least one observer who shall not be younger than 17 years of age; and
(b) ensure that each observer has completed the training prescribed by the operator and as approved by the Director in their operations manual.
Each ROC holder shall submit to the Director for approval, an Operations Manual (OM), the content of which is commensurate with the size and scope of their intended operations. The content of the OM shall be in the following format –
Part 1: General
(1) Administration and control
(a) Company information, address and contact details
(b) Table of Contents of Manual
(c) List of effective pages to control the version and revision of such OM
(d) Revision number
(e) Distribution list
(f) Definitions and Acronyms
(g) Statement of Compliance
(2) Organization and operational control
(a) Organizational structure including an Organogram;
(b) Organizational responsibilities of post holders and designated persons;
(c) Responsibilities of support personnel;
(d) Technical description of each RPAS for intended use by the ROC holder;
(e) Area or scope of operation;
(f) Operating limitations and considerations required by the Director;
(g) Operational Control Parameters;
(h) Accident prevention and safety program;
(i) Flight crew qualifications and duties
(j) RPA Operations;
(k) Crew health
(l) Documents and Record keeping.
Part 2: Operating Procedures
(1) Flight planning/preparation
(a) Scope and feasibility
(b) Site location assessment considerations –
(i) airspace considerations
(ii) conflicting aircraft or RPA traffic
(iii) hazards identification
(iv) local by-laws
(v) obstructions
(vi) restrictions
(vii) habitation and conflicting activities
(viii) public access
(ix) permission from landowner
(x) likely operating site and alternative sites
(xi) weather conditions and planning
(c) Risk management – Identification of the hazards, risk assessment, mitigating procedures
(d) Communication procedures
(e) Notification of intended operations to affected persons
(f) Location and site permissions
(g) Weather considerations.
(2) On site procedures and pre-flight checks
(a) Site visual survey;
(b) Selection of operating area;
(c) Crew briefing;
(d) Cordoning off procedure (where applicable);
(e) Communication range and capability requirements;
(f) Weather observations;
(g) Re-fueling or recharging;
(h) Loading of operational equipment;
(i) Preparation and assembly of RPA on site;
(j) Pre-flight and post flight checks
(3) Flight procedure
(a) start
(b) take-off
(c) in flight
(d) landing
(e) shutdown
(4) Emergency procedure
(a) Unique to the RPA to be operated;
(b) Fire – Risk and preventative measures;
(c) Accidents considerations and emergency response plan
(d) Loss of control link
(e) RPA – normal, abnormal and emergency procedures
Part 3: Training
(1) Details of the operator’s training program
Part 4: Safety and Security
An operator shall ensure that policy and procedures in respect of the following aspects of security are addressed in its Operations Manual –
(a) RPAS operator organization and designation of a security co-ordinator;
(b) Requirements for checks and searches of specific areas and accessible compartments of the interior and exterior of RPAS;
(c) Prevention of unauthorized access to remotely piloted aircraft and ground control stations;
(d) Protection efforts pertaining to limiting the software and C2 links from forms of interference;
(e) Response procedures for crew members and other staff for threats and incidents;
(f) Special procedures for crop spraying operations, the carrying of weapons, dangerous goods, high consequence dangerous goods and high value cargo, if applicable;
(g) Crew member briefings concerning security/safety sensitive cargo loads;
(h) Additional security measures for special or more threatening situations;
(i) Reporting of security related incidents to the authority;
(j) Details on procedures and frequency on conducting background checks and recurrent criminal record checks; and
(k) Details on security awareness and response procedure training.
Part 5: Safety management
(a) SMS; and
(b) Quality Assurance Program.
(1) An RPAS operator shall establish a system of record-keeping that allows adequate storage and reliable traceability of all activities developed, covering in particular—
(a) lines of responsibility and accountability;
(b) safety policy;
(c) identification of aviation safety hazards encountered by the activities of the operator, assessment and mitigation of the associated risks, including taking actions and verifying their effectiveness;
(d) personnel training and competence;
(e) quality, safety and security management records.
(2) The format of the records shall be specified in the ROC holder’s operations manual.
(3) Records shall be stored for at least 5 years in a manner that ensures protection from damage, alteration and theft.
(1) The holder of an ROC shall establish a safety management system commensurate with the size of the organization or entity and the complexity of its operations.
(2) The safety management system established in terms of subregulation (1) shall include—
(a) a process to identify actual and potential safety hazards and assess the associated risks;
(b) a process to develop and implement remedial action necessary to maintain an acceptable level of safety;
(c) provision for continuous and regular assessment of the appropriateness and effectiveness of safety management activities.
(1) The holder of an ROC issued under this Part shall—
(a) conduct background checks on all personnel recruited for deployment, handling and storage of any RPAS;
(b) conduct criminal record checks every 24 months on all personnel employed in the deployment, handling, and storage of RPAS;
(c) ensure that RPAS not in use are stored in a secure manner to prevent and detect unauthorized interference or use;
(d) ensure that the RPAS is protected from acts of unlawful interference;
(e) ensure that the RPA is stored and prepared for flight in a manner that will prevent and detect tampering and ensure the integrity of vital systems;
(f) designate a security coordinator responsible for the implementation, application and supervision of the security controls; and
(g) ensure that all personnel employed in the deployment, handling, and storage of RPAS have received security awareness training as prescribed in Part 109.
(2) The holder of an ROC shall include in the operations manual referred to in regulation 101.04.5 the security aspects of the RPA operations as prescribed in this regulation and Document SA-CATS 101.
(1) An applicant for the issuing of an ROC shall permit an authorized officer, inspector or authorized person to carry out such safety and security inspections, audits and oversight as may be necessary to verify the validity of any application made in terms of regulation 101.04.2
(2) The holder of an ROC issued in terms of regulation 101.04.2, shall permit a person authorized by the Director to carry out such safety and security inspections, audits and oversight, including safety or security inspections and audits of its partners or subcontractors, as may be necessary to determine continued compliance with the provisions of regulations and the privileges granted by the certificate.
The Director shall maintain a register of all certificates issued in terms of this subpart.
An ROC issued in terms of this Part shall not be transferable.
An ROC holder shall at all times be adequately insured for third party liability.
RPA OPERATIONS
No person shall operate an RPAS in weather conditions that do not allow unobstructed visual contact to be maintained with the RPA by other airspace users and by the operator unless in B-VLOS or night operations approved by the Director in their operations manual.
No person shall use a public road as a place of landing or take-off of an RPA, except—
(a) by the holder of an ROC and as approved by the Director in the operator’s operations manual; and
(b) when approved by the relevant local authority.
(1) An RPA, intended for operations within an ATZ or CTR, shall as a minimum, meet the following technical requirements, which must be serviceable and functioning for the duration of such proposed operation, the failure to anyone of which shall require that such operations are terminated –
(a) Be fitted with a mode C or S transponder capable of displaying the unique squawk code issued to them, unless otherwise exempted by the Director and/or the applicable ATSU or CAMU according to an FUA application;
(b) Be fitted with an altimeter, capable of displaying to the operator on the RPS, the RPA’s altitude above ground level, corrected for ambient pressure (QNH);
(c) Be fitted with a functioning strobe light or lights, installed in such a way that such strobe lights are visible from both below and above the RPA; at all azimuth angles, and
(d) In the instance of an aeroplane, be fitted with functioning navigation lights.
(2) An ROC holder, who intends operating in an ATZ or CTR, shall as a minimum, meet the following operational requirements –
(a) Include in its Operational Manual, details pertaining to such RPA operations under the ROC, detailing how the safety and separation measures for aircraft operating in the ATZ or CTR will be achieved;
(b) Notify the relevant ATSU in advance of such operations, outlining the intended type and scope of operations;
(c) Receive confirmation from the ATSU that such operations can be accommodated, wherein such ATSU may outline any limitations, requirements or considerations pertinent to the RPA design capability or operational circumstances;
(d) Supply the ATSU with the intended RPA’s performance details including at least the type of RPA, speed, rate of climb and descent and abort or emergency landing procedure;
(e) Communicate, and have approved, or accept instructions pertaining to all movements of such RPA from the ATSU via air-band communications;
(f) Include a detailed response and reaction procedure, agreed by both the ROC holder and the relevant ATSU, in respect to the handling of any emergency, which as a minimum shall include –
(i) Aborting the RPA’s activity detailing the time to and expected landing place and capability;
(ii) Loss of control, which shall include both a technical failure of the RPA and a link failure between the RPS and the RPA; and
(iii) Procedures relating to a loss of communication between the ATSU/CAMU and the RPA Operator.
No object or substance shall be released, dispensed, dropped, delivered or deployed from an RPA except by the holder of an ROC and as approved by the Director in the operators’ operations manual.
(1) Subject to sub regulation (2), no RPA shall carry dangerous goods as cargo, except by the holder of an ROC and as approved by the Director in the operations manual.
(2) The provisions of Part 92 apply, with the necessary changes, to the conveyance of dangerous goods by an RPA.
(1) All accidents and incidents involving an RPA shall be reported as prescribed in Part 12, where there is—
(a) any injury or death to a person;
(b) damage to property; or
(c) destruction of the RPA beyond economical repair.
(2) All incidents involving an RPA where loss of control occurred shall be reported to the holder of the ROC.
No remote pilot, observer or RMT shall—
(a) consume alcohol less than 8 hours prior to reporting for duty;
(b) commence a duty period while the concentration of alcohol in any specimen of blood taken from any part of his or her body is more than 0,02 grams per 100 milliliters;
(c) consume alcohol or any psychoactive substance during the duty period or whilst on standby for duty; or
(d) commence duty period while under the influence of alcohol or any psychoactive substance having a narcotic effect.
(1) A prospective operator of an RPAS shall develop the C2 performance requirements safety case for approval of the Director.
(2) The following C2 functions shall be considered for the safety case –
(a) Downlink
(i) Link health telemetry [for BVLOS operations]
(ii) System health
(b) Telemetry
(i) RPA flight dynamics
(ii) Situation awareness [for BVLOS operations]
(iii) Data records
(c) Uplink
(i) Flight Control
(ii) RPA System control
(iii) Automatic Identification System update [for BVLOS operations]
(iv) RPAS hand over
(v) Link health telemetry [for BVLOS operations].
(3) The RPAS operator shall present the target values of the C2 Performance requirements that were obtained from the safety case of the C2 functions to the Director.
(a) Continuity
(b) Integrity
(c) Availability
(d) Latency of the C2 data link.
(1) No person shall operate an RPAS unless—
(a) the RPA is in a fit-to-fly condition;
(b) the pilot is the holder of a license issued in terms of this Part;
(c) the remotely piloted aircraft station is compatible and interoperable with the aircraft it is connected to in all phases of flight; and
(d) the RPA is being controlled by only one RPS at any given moment in time.
(2) No person shall operate an RPAS in a negligent or reckless manner so as to endanger the safety of any person, property or other aircraft in the air or on the ground.
(3) The operator shall, in the best interest of safety, ensure that certain RPAS operations are supplemented with additional personnel for non-flying duties, such that the remote pilot can maintain control and situational awareness in respect to positioning and collision avoidance.
(1) No person shall operate an RPA unless they have in their possession—
(a) a valid RPA Pilot License;
(b) a copy of the ROC and associated OpSpec;
(c) the certificate of registration for each RPA in operation;
(d) a copy of the RLA; and
(e) user manual for the RPA and the remote pilot station.
(2) No RPA shall—
(a) tow another aircraft,
(b) perform aerial or aerobatic displays;
(c) be flown in formation or swarm;
(3) Except by the holder of an ROC, and as approved by the Director, no RPA shall be operated—
(a) above 400ft above the surface
(b) within a radius of 10km from an aerodrome:
(c) within restricted or prohibited airspace; or
(d) adjacent to or above a nuclear power plant, prison, police station, crime scene, court of law, national key point or strategic installation.
(1) Outside controlled airspace
An RPAS, intended for BVLOS operations shall as a minimum, meet the following operational and technical requirements –
(a) The operator shall demonstrate compliance with the following technical requirements –
(i) that the RPA will only be operated using command inputs;
(ii) has met the requirements prescribed in Technical Standard 101.02.2;
(iii) that the RPA has the ability to remain clear from obstacles and any other hazards and can take appropriate action to execute collision avoidance from such obstacles or other aircraft where necessary. This ability shall be applicable for normal and lost/degraded C2 links unless –
(aa) the area is void of other air traffic; or
(bb) the operation occurs in specifically delimited or segregated airspace; or
(cc) any other mitigation is in place to avoid other aircraft, obstacles or any hazards;
(iv) the C2 data link frequency to be used for data link is deemed appropriate by the Director; and
(v) the C2 performance requirements as specified in Technical Standard 101.05.8 are acceptable to the Director.
(b) The operator shall demonstrate to the satisfaction of the Director the following operational capabilities prior to receiving approval for BVLOS operations –
(i) show how the intended RPA will perform all its flight tasks through control inputs whilst in flight, and that such device is not ordinarily required to be flown manually;
(ii) command the RPA to follow a predetermined course or group of waypoint inputs;
(iii) provide inputs to the RPA that in the event of needing to avoid any aircraft or other obstacle, the RPA pilot is able to interrupt or introduce commands or instructions to the RPA, such that the RPA can be interrupted from its set course and can safely fly an alternative course, or land, to avoid known traffic;
(iv) how the exact position of the RPA is displayed to the pilot, in real-time, on a moving map, such that the RPA pilot will be able to make radio calls and report the position of such RPA to any aircraft in the vicinity or to an ATSU providing services or controlling such airspace;
(v) how it reacts in the event of receiving a flight position command that conflicts with obstacles or high ground.
(2) Inside controlled airspace
BVLOS operations in controlled airspace shall meet requirements of Technical Standards 101.05.3 and 101.05.11(1).
For operations at night, the holder of an ROC must demonstrate to the satisfaction of the Director, how in the instance of their RPAS –
(a) they meet the requirements for BVLOS operations below 400ft; and
(b) have strobe lighting installed on the RPA;
(c) for aeroplane operations, have navigation lights or in the instance of a helicopter or multi-rotor RPA, have a beacon light installed.
No person shall operate an RPA directly overhead any person or group of people or within a lateral distance of 50 m from any person, unless—
(a) the operator is the holder of an ROC and the operation has been approved by the Director in their operations manual; or
(b) such person is the operator of the RPA or such person is under the direction of the operator of the RPA; or
(c) such person or group of people forms part of the operations of the RPA, and is under control of the operator of the RPA, and adequate provisions have been made for their safety.
(1) No RPA shall be operated within a lateral distance of 50m from any structure or building, unless—
(a) the operator is a holder of an ROC and the operation has been approved by the Director in their operations manual; or
(b) permission is obtained from the owner of such structure or building.
(2) An operator conducting an operation as contemplated in subregulation (1) shall take such measures as are necessary to ensure the safety of all persons on the ground accessing such building or in the vicinity of such structure.
No person shall operate an RPA over a public road, along the length of a public road or at a distance of less than 50 m from a public road unless—
(a) such person is the holder of an ROC and the operation has been approved by the Director in the operator’s operations manual; or
(b) in the case of operations over a public road, such road has been closed for public use; and
(c) reasonable care has been taken to ensure the safety of road users and pedestrians in the event of loss of control of the RPA.
(3) For VLOS E-VLOS and B-VLOS operations, the pilot shall, using the registration of the RPA as a call-sign, make the required radio calls, indicating the altitude, location and intended operation of the RPA in that area and at such intervals as are required in order to ensure adequate separation from other aircraft is maintained.
(4) For approved RPA operations in controlled airspace, the pilot shall maintain radio contact, using the registration of the RPA as a call-sign, with the relevant ATSU, and acknowledge and execute such instructions as the ATSU may give at any time during the operation of the RPA.
(1) Every remote pilot shall verify the relevant notifications for the area of operation before take-off, and coordinate if necessary.
(2) Every remote pilot shall verify the NOTAM publication for his/her area of operation before take-off, and adapt the mission planning if necessary.
(3) The remote pilot shall take into account the meteorological information relevant for his/her area of operations.
(4) When planning a flight, the weather shall be assessed based on suitable documentation such as forecasts, current weather or other suitable information, to determine whether the planned flight can be carried out in accordance with the system’s technical and operational limitations.
(5) The weather in which flights are to take place shall be such that the system can be operated in a safe way in all phases of flight.
(6) Before a flight is carried out, the flight shall be planned and prepared using up-to-date aeronautical charts, to determine in which type of airspace the flight will be carried out.
(7) Before a flight is carried out, the flight shall be planned and prepared using information and documentation such as AlP, AlP Supplements and Notams, so that the flight can be carried out safely within the conditions specified in the ROC and according to the Operations Manual.
(8) The remote pilot shall have ensured before take-off that the flight can be carried out in a safe way.
(9) The operator shall ensure that the system’s status is inspected before a flight is carried out.
(10) The remote pilot shall ensure that his/her physical and mental conditions are such that the safety of the air traffic will not be endangered, failing which the remote pilot shall not start the flight.
(11) The remote pilot shall ensure that all required documents are available before starting the flight.
(12) Before every flight, the roles and duties of each crew member must be defined in writing. The remote pilot is responsible for the operation and safety of the aircraft and its payload, if applicable, and for the safety of all crew members.
(1) The pilot is accountable for safe operation of the RPAS.
(2) The pilot of an RPA shall, on each flight, operate such aircraft in accordance with the manual.
(3) The pilot of an RPA is responsible for separation and avoidance of the RPA from other aircraft and any other obstacles and hazards.
(4) The pilot of an RPA shall pilot such RPA in a manner so as to minimize hazards to persons and property on the ground, and other aircraft in the air.
(5) The pilot shall ensure that at least one observer is used for E-VLOS operations.
(1) The RPAS shall be operated in such a way that safe separation from other aircraft is maintained and that adequate obstacle clearance is ensured, during all phases of the flight.
(2) The pilot of an RPA shall ensure that the take-off and landing area is safe and of the appropriate dimensions, free from obstacles and has adequate surface conditions, with regard to the type of operation, the size of the aircraft, the aircraft’s performance and external factors.
(1) Notwithstanding the provisions of sub regulations (2) to (5), an RPA shall give way to manned aircraft.
(2) The RPA shall avoid passing over, under or in front of manned aircraft, unless it passes well clear and takes into account the effect of aircraft wake turbulence.
(3) When two aircraft are approaching head-on or approximately in a way that there is danger of collision, each aircraft shall alter its heading to the right.
(4) When two aircraft are converging at approximately the same level, the aircraft which has the other aircraft on its right, shall give way.
(5) An aircraft which is being overtaken has the right of way, and the one overtaking shall alter its heading to keep well clear.
(1) For the purposes of reporting and recording time, Co-ordinated Universal Time (UTC) shall be used and shall be expressed in hours and minutes and, when required, seconds of the 24-hour day beginning at midnight.
(2) A pilot shall have a time piece synchronized with UTC prior to operating a RPAS in controlled airspace and at such other times during the flight as may be necessary.
(3) Wherever time is utilized in the application of data link communications, it shall be accurate to within 1 second of UTC.
The operator shall retain the following information for each flight in the form of a flight folio –
(a) aircraft registration;
(b) date;
(c) names (of) flight crew members;
(d) duty assignment of flight crew members;
(e) place of departure;
(f) place of arrival;
(g) time of departure (off-block time);
(h) time of arrival (on-block time);
(i) hours of flight;
(j) nature of flight;
(k) incidents, observations (if any);
(l) signature of remote pilot;
(m) the current maintenance statement giving the aircraft the aircraft maintenance status of what maintenance, scheduled or out of phase, is due;
(n) all outstanding deferred which affect the operation of the aircraft;
(o) fuel and oil used (if applicable);
(p) fuel and oil uplift (if applicable);
(q) battery charge status (beginning and end of the flight, if applicable).
(1) During VLOS operations, the remote pilot shall ensure that the aircraft has enough fuel or electrical charge to complete the flight, plus a reserve of at least 10%.
(2) During B-VLOS operations, the remote pilot shall ensure that the aircraft has enough fuel or electrical charge to complete the intended flight plus a reserve of at least 10%.
(1) No owner or operator of an RPA shall operate the aircraft unless a first aid kit consisting of the medical supplies as prescribed in Document SA-CATS 91 is available within the remote pilot station and within 300m of the take-off and landing points. A single kit may be used to comply with both these requirements.
(2) The owner or operator shall carry out periodical inspections of the first aid kit to ensure that, as far as practicable, the contents thereof are in a condition necessary for their intended use.
(3) The contents of the first aid kit shall be replenished at regular intervals, in accordance with instructions contained on their labels, or as circumstances require.
(4) The first aid kit shall be readily accessible to all crew members involved in the operation.
No owner or operator of an RPA shall operate the RPA unless—
(a) a hand-held fire extinguisher is available at the remote pilot station and within 300m of the take-off and landing points;
(b) a hand-held fire extinguisher suitable for use with electronic equipment and any power generating equipment in use is available in the remote pilot station; and
(c) a hand-held fire extinguisher suitable for use on the RPA is available within 300m of the take-off and landing points.
MAINTENANCE
(1) An RPAS shall be compliant with the manufacturer’s instructions for continued equipment maintenance through actions or inspections.
(2) The owner shall submit to the Director for approval, a maintenance program for the RPAS.
(1) The maintenance on an RPA or any component thereof shall be carried out by the following persons—
(a) in respect of an RPA classified as a Class 3 and higher, the holder of a valid RMT authorization; or
(b) in respect of an RPA classified as Class 2 and lower, the ROC holder: provided that the holder can demonstrate to the satisfaction of the Director, its ability to perform the required maintenance on the RPA.
(1) An applicant for the issuing or renewal of an RMT authorization shall—
(a) be not less than 18 years of age; and
(b) be a South African citizen or in possession of a valid permanent residence permit or valid temporary work permit with a letter of employment; and
(c) shall have successfully completed appropriate training, provided by—
(i) an organization approved by the competent authority in the country where the training organization is located;
(ii) training provided by an approved original equipment manufacturer; or
(iii) a training facility approved by the Director; or
(d) demonstrate to the Director, the ability to perform maintenance functions where no training for the particular RPA is offered or available.
(2) An application for the issuing of an RMT authorization shall be made to the Director in the appropriate form and accompanied by the appropriate fee as prescribed in Part 187.
(3) The Director shall issue an RMT authorization if the applicant complies with the requirements prescribed in sub regulation (1).
(4) The holder of an RMT authorization shall not exercise privileges other than the specific privileges for which the authorisation is issued.
(5) An RMT authorization shall be valid for a period of 24 months.
The log book shall contain the following information as a minimum –
(a) full name
(b) identification number
(c) name of employer
(d) record of all technical courses attended
(e) date of maintenance
(f) type and make of RPA (e.g. multi-rotor)
(g) work carried out (inspection, repair, overhaul, etc.)
(h) signature of quality assurance personnel.
Pictorial view of VLOS and E-VLOS
South African National Parks Rules
South African National Park Rules – The use of drones inside (and over) national parks is strictly prohibited.
Park Regulations
To ensure a safe and joyful trip through our parks, kindly adhere to the Rules and Regulations as stipulated by South African National Parks.
The use of drones inside (and over) our national parks is strictly prohibited.
Aviation4SA App
The Aviation4SA App – for navigating the constantly changing, complex legislative environment.
Advanced Air Mobility (AAM) Regulations & Policies
None found by the author.
However, should you, the reader, happen to stumble across something to the contrary, please email the author at FISHE5CA@erau.edu and you may be mentioned in the ACKNOWLEDGEMENTS section of this book by way of thanks for contributing to this free eBook!
Advanced Air Mobility (AAM) News
None found by the author.
However, should you, the reader, happen to stumble across something to the contrary, please email the author at FISHE5CA@erau.edu and you may be mentioned in the ACKNOWLEDGEMENTS section of this book by way of thanks for contributing to this free eBook!
Short Essay Questions
Question 1
You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.
They need you to prepare a one-page memo detailing the legalities of using a drone to film in Cape Town.
They need you to mention any national laws and local ordinances.
They specifically want to know what airspace you will be operating in and whether or not you need an airspace authorization.
Does it matter whether or not you are a citizen of the country?
Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!
Question 2
Do you need a certificate to fly UAS?
If so, how do you obtain one?
Are there fees associated with this?
If so, how much?
Question 3
May you operate beyond visual line of sight?
If so, what procedures must you follow?
Question 4
Does the country have UAM/AAM laws? If so, describe, citing the exact law.
Question 5
Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.