Have you been charged with a Drone Safety offence?
Our Aviation lawyers are experienced in defending drone safety offences. The Drone Safety Rules are derived from the Civil Aviation Safety Regulations Part 101. It provides rules relating to the safe operation of drones.
What are the categories of drones?
Drones can be used for sport of recreation, or for commercial reasons. They are categorised into different sizes and are also known as ‘model aircraft’ or ‘remotely piloted aircraft (RPA’). Categories include multi-rotor helicopters, single-rotor helicopter, aeroplane, powered-lift, or airship. Weights (sizes) range from micro (up to 250 grams) up to large (more than 150kg).
In some instances, depending on the reason for flying and the category of the drone, you may need an ‘operator accreditation’, ‘remote pilot licence’ (RePL) or an ‘approval to fly’. You should also consider whether you need to register your drone with CASA.
What are the rules relating to the safe operation of drones?
You can only fly your drone:
one at a time
during the day
avoiding cloud, fog, or smoke
when you can see your drone with your own eyes – not by using goggles, binoculars or another device
avoiding obscurities. That is, do not fly your drone behind obstacles such as buildings or trees which may obstruct your view of the drone.
You cannot fly your drone:
higher than 120 metres (400 ft) above ground level
closer than 30 m to people, except those helping to control or navigate the drone
over or above people, such as people on a beach, sports stadium, concert, or wedding
in a way hazardous to people or aircraft
near emergency operations
in prohibited or restricted airspace
closer than 5.5 km to a controlled airport if your drone weighs more than 250 grams. Other limitations may exist near airports. You should also check your local State or Territory for their rules if you intend to fly your drone in a national park, forest reserve, the local park or sports oval, and near marine and wildlife.
Breach of Drone Safety Rules
The Civil Aviation Safety Authority (CASA) investigates reports of unsafe flying. Complaints could be made by the public or the police. If CASA finds that a breach has occurred, options include education, issuing a formal warning, or issue an infringement notice. Penalties can include fines and operating restrictions. In more serious cases, CASA can refer the case to the Commonwealth Director of Public Prosecutions (CDPP) and the matter may be referred to Court.
What to do if you have been charged with breaching the drone safety rules?
Our criminal defence lawyers are higly experienced in defending clients charged with criminal offences for drone and aviation crimes. In suitable cases, charges can be negotiated with the prosecutor to have the matter downgraded or even discontinued. Other options include pleading guilty (sentence) or not guilty (trial).
Even if you intend to plead guilty, it is important to speak to a lawyer for advice about:
whether there is sufficient evidence for the prosecutor to prove the charge;
the precise allegations being submitted by the prosecutor to the court. This is important to check that you accept the facts you are pleading guilty to;
the likely penalty, which should also include advice about the likelihood of any criminal convictions.
Our senior criminal lawyers are available to discuss how we can help you with your case.
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© 2025 This article is for general information only and is not legal advice. If you are facing charges or need advice about your specific situation, our experienced criminal defence lawyers are available now.