With recreational drones flying across Australia in unprecedented numbers, the clouds are a-buzz with enthusiastic new pilots taking to the skies.
There are now more private drone owners than ever before, and tech-loving Aussies are turning to parks, gardens, and beaches as the perfect places for taking off.
But with more drones in the sky, it’s increasingly essential to understand the rules that keep pilots and those around them safe both on the ground and in the air.
Just like the laws of the land, ignorance is no excuse for the statutes of the sky, with hefty fines and jail time even possible for doing the wrong thing.
So, if you’ve just earned your wings by purchasing your first drone or are about to ‘take off’ down the shops to buy one, here’s Build-it’s guide of must-know rules for every novice pilot—and possibly some experienced ones, too.
Wait, there are rules?
Unfortunately, nothing is above the law, not even your drone when it’s in flight.
The Civil Aviation Safety Authority has strict regulations regarding drone operation, which are available as Part 101 of the Civil Aviation Safety Regulations.
1. Flying around people
It’s illegal to fly a drone directly above a person, and all drones must be kept at least 30 meters away from people at all times, excluding the pilot and those helping to operate the drone.
Restrictions are also in place regarding flights within crowded areas, including busy beaches, parks, events, festivals, and sports grounds.
Conducting any “hazardous” flight manoeuvres is illegal, too, although this requires more detailed interpretation.
It is likewise illegal to fly a drone over areas where public safety or emergency operations are underway, such as ambulance, police, search and rescue, or firefighting efforts.
2. Visibility and Control
Recreational operators can only fly one drone at a time and only during daylight hours.
The pilot must maintain a visual sight of the drone at all times; it is not enough to simply be able to view the drone via a monitoring device or using goggles.
To help retain visibility, a flight limit of 120m above ground level is in force, and flying through fog, thick clouds, and smoke is prohibited.
3. Air space
Drones over 250 grams cannot be flown within 5.5 km of a controlled airport; however, drones lighter than this can be flown up to 45m high within that range as long as they stay out of the airport boundary area.
The weight limits dont apply if the airport lacks a control tower; however, removing and safely landing your drone should you become aware of crewed aircraft nearby is essential.
Similar rules apply for drone use around helipads and helicopter landing sites. Drone users must safely land their drone if they are within 1.4km of a helicopter taking off.
4. Work use
Thinking about using your drone to at work? Think again…
Using a recreational drone on-site without a commercial licence is actually against the law.
Pilots are required to obtain the relevant commercial licences before bringing a drone onto the site, regardless of whether it is to take photographs or actually help conduct work.
This means you will need to take a course in drone operations before you can operate one in a commercial setting.
Build-it expert’s top drone-danger tips
While understanding the rules and regulations of flying a recreational drone can be challenging, there’s plenty more you need to learn before taking off.
Flying the drone itself can be quite a challenge for a beginner, and it can take many hours to master the controls.
Experienced recreational drone photographer and lawyer Yohsuke Kanno told Build-it that fledgling flight-takers should turn to friends, family, or forums with drone-flying experience for help on their maiden voyage.
“You wouldn’t drive a car, ride a bike, or operate a boat without someone teaching you how first and flying a drone is no different, in my opinion,” he said.
“Having someone there who is experienced at the controls and can help remind you of the rules of flight for your first few voyages can help build the foundation of confidence needed to master these devices.”
Yohsuke has owned various advanced drones for nearly a decade, and he now uses them to take panoramic images and videos of some of the world’s most exotic locations and iconic landmarks.
He told Build-it that one of the biggest legal dangers he sees fellow drone users collide with isn’t obeying domestic laws but breaking foreign ones.
“Many people want to take their drones on holiday to get shots of some of the beautiful places they plan to visit, but they seem to forget the same rules don’t apply,” he explained.
“Just because the Australian legislation says one thing doesn’t mean the same laws exist elsewhere; throw in language barriers and more authoritarian justice systems, and you could end up facing a hefty fine or jail time for flying in the wrong area.”
“It’s essential that anyone planning to bring their drone overseas conducts thorough research before doing so. I recommend trying to translate official information online or using drone forums to understand local laws regarding drone flight in your destination
