An Australian man has been fined for breaking aviation regulations whilst flying his drone, after authorities discovered his flight footage posted on YouTube.
Australian regulations, set by the country’s Civil Aviation Safety Authority, stipulate that recreational drone users may operate their Unmanned Aerial Vehicles (as CASA labels them) without a licence, but must obey rules for their operation.
These rules include requirements to operate the drone in daylight and in line-of-site; to remain at least 30 metres from buildings, vehicles and people; to stay more than 5.5 kilometres from all airports and lower than 120 metres; and to stay away from populous areas such as beaches and other people’s backyards.
One Queensland drone pilot found this out the hard way, after receiving an $850 fine for his drone use – all based on videos he had uploaded to YouTube.
The owner – who does not wish to be named, received a phone call from a CASA investigator notifying him of multiple breaches. Each of which could have resulted in an $850 fine. In the end his single $850 fine was a lucky break with the CASA investigator stating, “while each individual breach was not major in itself, the number of breaches has caused me concern”.
CASA regulations state that hobbyists who fly for no commercial gain cannot fly their drones:
- Within 3 nautical miles of an airport;
- Above 400 feet in controlled airspace (large towns and cities);
- Over populous areas;
- Within 30 meters of people;
- At night.
The most popular drone on the market, the DJI Phantom – has software built into it that can prevent it taking off near airports and limit its height. The problem seems to be the owners who want to toy with the regulators, because they think no-one is watching.
For this Queensland owner, the specific offence outlined in this infringement was “operating a model aircraft over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.”
So does CASA have staff watching online videos to find offenders? Peter Gibson, spokesperson for CASA told EFTM, “I’m not going to pretend we sit there every day trawling through YouTube because that would be ridiculous. However, where we see things, or where people bring things to our attention then we will investigate”.
The fines can range anywhere from $850 for breaches of the basic guidelines, right through to $8,000 for “reckless operation”, with Mr Gibson pointing out “if you injure someone, CASA can also seek prosecution.
We’re not trying to penalise people, but if you behave stupidly, then you certainly run the risk”.
When the fine was sent this week, it also had attached a set of “Facts and Circumstances”. This document outlined the reasons for the fine, including that CASA had been alerted to the videos, which prompted their investigation.
In its “Decision” section there is reference to the fact that it’s a “counselling letter”. Do it again, and CASA will “draw the conclusion that you have a wilful disregard for aviation safety, and the regulator will respond accordingly”.
The drone in question has already appeared for sale on online classifieds site Gumtree, and one can only assume this fine has scared the flights out of this pilot.
Dear Editor
I find the ‘facts’ of this article slightly miss leading.
If a model aircraft pilot keeps it under 400′ and within 5.5km of an aerodrome it is still legal (101.075) and in the control zone (101.070). There is no regulation stating you cant fly within 5.5km of an aerodrome. Most, UOC operators have this restriction on their certificate, not model aircraft flyers.
Even the ‘flying with control’ pamphlet that CASA has produced says ‘should not’ not ‘must not’ when flying within 5.5km of an aerodrome.
You are also allowed to fly at night as long (101.390) as long as you fly according to an approved aviation administration (MAAA) procedures. See MOP018 – Night flying.
You may want to read CASR 101 subpart A, B, C and G.
101.395 Refers to keeping UAVs away from people. 101.075 (1) – Operation near aerodrome, states that permission is need if you want to fly above 400′, 101.075 (3) states you need to stay outside of the movement area, runway and the approach and departure paths. While 101.055 – Hazardous operation prohibited, a UAV pilot must not create a hazard to others, property or other aircraft.
However, I do find spreading rumors that are more restrictive than what is in the regulations, a very good idea.
Without seeing the video, I cannot comment on what this model aircraft pilot was doing. Therefore issuing an infringement notice on 101.395, would have been indisputable if CASA did so.
Thanks
Tom