January 23, 2017

Got a drone this holiday season? Be sure to know what is required of you by law!

If you were lucky enough to get a drone this holiday season, take the time to familiarize yourself with your legal responsibilities so you can fly it safely.
If your drone is used solely for fun and weighs 35 kilograms or less, you don’t need special permission from Transport Canada. However, Transport Canada provides some basic “do’s and don’ts” you should follow to fly it safely and legally.

DO DON'T

• Fly your drone during daylight and in good weather.

• Keep your drone where you can see it with your own eyes – not through an on-board camera, monitor, or smartphone.

• Make sure your drone is safe for flight before take-off. Ask yourself, for example: Are the batteries fully charged? Is it too cold to fly?

• Respect the privacy of others. Avoid flying over private property or taking photos or videos without permission.

• Don't fly in clouds or fog.

• Don't fly closer than nine km (five nm) from any aerodrome (i.e., any airport, heliport, helipad, or seaplane base).

• Don't fly higher than 90 m (300 feet) above the ground.

• Don't fly closer than 150 m (500 feet) from people, animals, buildings, structures, or vehicles.

• Don't fly in populated areas or near large groups of people, including at sporting events, concerts, festivals, or firework shows.

• Don't fly near moving vehicles, highways, bridges, busy streets, or anywhere you could endanger or distract drivers.

• Don't fly within restricted and controlled airspace, including near or over military bases, prisons, or forest fires.

• Don't fly anywhere you may interfere with first responders.

 

You could be held civilly liable or criminally responsible for unsafe or illegal use of your drone. For example, you could be fined up to $25,000 or receive jail time, or both, if you:

  • put aircraft at risk;
  • fly where you are not allowed; and/or
  • endanger anyone’s safety. 

 

These are not just theoretical situations. According to CTV News, on December 20, 2016, a drone fell from the sky in OId Montreal and crashed on Saint-Laurent Boulevard.

According the CTV website, the drone fell next to a pedestrian. Fortunately, no one was hurt; however, the situation illustrates the risks that arise when people don’t know the “do’s and don’ts” and the regulations.

Not surprisingly, new drone technology is being actively developed to minimize those risks. For example, a patent applicationfiled in 2014 proposes equipping drones with sensors to detect the presence of objects and to cause the drone to alter its path to avoid them.

In the end, the message is this: it may be enjoyable to fly drones for fun, but using them illegally can result in stiff penalties. It therefore pays to know what is required of you by law.

It is also the safe – and smart – thing to do.

 

Ayman Idlbi (Avocat / Lawyer)

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