Drones provide spectacular vantage points but sometimes the temptation to fly illegally is enticing. (Justin Huntsdale)

Burden of proof makes prosecution difficult

Drone users are breaking laws by flying in restricted areas and over people, but authorities say it can be difficult gathering the evidence to fine them.

A brief scan across Instagram reveals numerous drone photos which appear to be shot illegally in Australia.

People have published images from no-fly zones, overpopulated beaches, and from altitudes greater than 120 metres.

As drone sales increase, so do the number of people breaking the law, but fining them can be difficult.

“Getting that evidence can be difficult because we won’t have seen the activity and we rely on witness statements, video, and photo evidence,” Civil Aviation Safety Authority (CASA) spokesperson Peter Gibson said.

“Someone can see a drone breaking the law, but not identify the person flying it and we can’t prove who was flying it.”

Mr Gibson said CASA issued 30 fines last year for illegal drone use and has already issued 40 this year.

While fine numbers could be increasing, so is drone ownership, with estimates of between 100,000 and 150,000 drones in the country

Rules for flying drones in Australia

  • No flying more than 120 metres above the ground
  • No flying over or near an area affecting public safety or where emergency operations are underway
  • No flying within 30m of people
  • If your drone weighs more than 100 grams you must keep your drone at least 5.5km away from controlled aerodromes
  • No flying at night
  • Your drone must stay within visual line-of sight
  • No flying over or above people e.g. at festivals, sporting ovals, populated beaches, parks, busy roads and footpaths
  • Flying must not create a hazard to another aircraft, person, or property
  • No flying in prohibited or restricted areas
  • Local council and/or national park laws prohibit drone flights in certain areas

New Can I Fly There app from CASA uses live GPS to show where a drone can and cannot be flown

Source: Civil Aviation Safety Authority

“I am a lot more careful flying within Australia now I know CASA is watching.

Read Full Story

CASA has openly warned drone users they will use social media to help prosecute illegal activity.

“The challenge is proving who was flying it at the time and we have used social media for that, but it can be difficult,” Mr Gibson said.

“It’s not easy to get enough evidence to issue fines but we’re working on that all the time and we encourage people to send reports to us.

Source
ABC News

 

Have a story to tell or news to share

Let us know by submitting a news story, an article, a review, a white paper and more …

Submit