Construction World April 2019

MARKETPLACE

"The use of drones is heavily regulated

– this is not child’s play."

NEW RULES FOR NEW TECHNOLOGIES

Drones have become increasingly popular among our clients as construction companies recognise how they can be put to significant use in their businesses. In addition to aerial photographs, drones can be used throughout the construction project lifecycle to create 3D models which inform design decisions, track the progress of the works and record keeping. By Kelly Stannard, Associate at MDA Attorneys

A s construction and technology attorneys, we support our clients’ steps to modernise their businesses. While there is much excitement about flying drones at work, it is important to consider the laws that apply to drones. Flying of drones is regulated by Part 101 of the eighth amendment to Civil Aviation Regulations under the Civil Aviation Act 13 of 2009. The regulations distinguish between private and commercial operation. “Private operation” means using the drone for an individual’s personal and private purposes where there is no commercial outcome, interest or gain. Several subparts of the regulations are not applicable to private operation. If your organisation is starting to use drones for a commercial outcome, it is important to know the regulations that apply so that you can ensure that you are operating your drones lawfully. Firstly, no drone may be operated within South Africa without a letter of approval and certificate of registration by the director of the South African Civil Aviation Authority. Application must be made to the director on the prescribed form and accompanied by the prescribed fee to obtain these documents. Secondly, no person may pilot the drone without a valid remote pilot license. The remote pilot must be 18 years or older, hold the required medical certificate as well as a certificate in proficiency in radiotelephony. The remote pilot will also need proof of proficiency in English and to have passed the theory examination and skill test.

Licenses are valid for 24 months. A revalidation check must be conducted within the 90-day period before the expiry date of the validity period. Thirdly, no person may operate a drone without a RPAS Operator Certificate (ROC). Application for a ROC is also made to the Director on the prescribed form and accompanied by the prescribed fee. A ROC holder has several obligations, such as developing an operations manual containing all the information required to show that the operator will ensure compliance with the regulations and how safety standards will be applied during operation, establishing a safety management system, conducting background checks on all personnel recruited to handle the drone and ensuring the drone is stored in a secure manner to prevent unauthorised use. Also, an ROC holder must at all times be adequately insured for third party liability. The regulations also prescribe requirements in respect of certain conditions such as landing on roads, flying beyond visual line of sight, night time operation and operation in the vicinity of people, structures, buildings and public roads. The above examples are by no means exhaustive, but do illustrate how the use of drones is heavily regulated – this is not child’s play. The person from whom you purchase a drone is obligated to advise you of the regulations that apply to you. But you can never be too careful on the ground or in the sky, so we advise our clients to familiarise themselves with the regulations. 

MBA NORTH: NDP ACTION LONG OVERDUE A lack of progress on National Development Plan implementation is killing off SA’s construction sector and hampering economic growth, says Master Builders’ Association North.

T he news that Group Five has filed for bankruptcy protection has come as yet another blow for South Africa’s construction sector, following shortly after a disappointing 2019 budget speech that offered little hope of significant infrastructure investment in the foreseeable future, says the President of the Master Builders’ Association (MBA) North, Musa Shangase. MBA North, which represents members in Gauteng, North West, Mpumalanga and Limpopo, says the construction sector has suffered several consecutive quarters of slow – and even negative – growth, creating a ‘state of emergency’ for large and small construction firms alike. “While we understand the predicament the new Finance Minister is in, we believe the budget was not a visionary one. It cut spending

on education, infrastructure and housing – all areas that could have boosted the ailing construction sector,” says Shangase. “And it must be noted that infrastructure development is the cornerstone of the economic growth of this country. If we want to achieve the growth goals set out in the National Development Plan, we need to fast track the execution of the plan and start investing in infrastructure development, which would boost investor confidence and catalyse an economic turnaround.” Shangase says indications are that the same key stumbling blocks that emerged in recent years will continue to hamper growth in the construction sector. “The government is awarding fewer projects and has been slow to pay, which is crippling stakeholders,” he said. “We’re seeing even large contractors facing business rescue

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CONSTRUCTION WORLD APRIL 2019