A Port Kembla man has been ordered to pay $7750, which is seven times more than an original fine, after he was sentenced for flying his drone too close to neighbouring properties.
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Glen Arthur Bingle was convicted at Wollongong Local Court for three breaches of the civil aviation safety regulations on August 15.
He pleaded guilty to operating a drone over a populous area and flying his drone within 30 metres of other people when he appeared in court on June 27.
Court documents revealed Bingle's neighbours reported his actions to the Civil Aviation Safety Authority seven times before they eventually took action, issuing him with fines for three breaches said to have occurred on individual days in February, March and July, 2017.
On each occasion, the neighbours filmed Bingle's drone as it hovered low and close to their properties - sometimes coming within five metres of the residents - well under the minimum 30-metre distance required under the federal legislation.
He also flew it at nighttime, which is against regulations that say drones should only be flown during daylight hours.
Bingle's neighbours were reportedly "distressed" by his actions.
CASA issued Bingle with an aviation infringement notice which required him to pay a fine of $1050 for illegally operating the drone.
Bingle refused to pay the fine. Court documents said he wrote to CASA in November asking for the fines to be withdrawn.
CASA refused but agreed to extend the due date for payment of the fines.
Bingle called the authority in January 2018 advising he had no intention of paying the fines.
Therefore CASA launched legal action against Bingle.
He was brought before Wollongong Local Court on two charges of operating a model aircraft under the allowable height and one count of flying a model aircraft within 30 metres of a person.
On August 15, Bingle was ordered to pay $2500 for the three convictions with total fines plus court costs coming to $7750.
New CASA drone registration and accreditation rules came into effect on July 1 but no action is required by users at this time.
Registration is required for commercial and recreational drones and will occur over two phases.
The rules also require all drone flyers to either have a remote pilot licence or have completed a short online safety quiz.
Registration will last for 12 months and fees may vary depending on how you intend to use your drone. The cost of registration will be decided following a period of public consultation.
The registration and accreditation requirements apply (with certain exceptions) to drones more than 250 grams operated recreationally and all drones operated commercially regardless of weight.
Drone rules
- You must not fly your drone higher than 120 metres (400 feet) above ground level.
- You must keep your drone at least 30 metres away from other people.
- You must only fly one drone at a time.
- You must keep your drone within visual line-of-sight. This means always being able to see the drone with your own eyes (rather than through a device, screen or goggles).
- You must not fly over or above people or in a populous area. This could include beaches, parks, events, or sport ovals where there is a game in progress.
- Respect personal privacy. Don't record or photograph people without their consent - this may breach other laws.
- You must fly at least 5.5 kilometres away from a controlled airport, which generally have a control tower at them.
- Remember, you must not operate your drone in a way that creates a hazard to another aircraft, person or property.
- You must only fly during the day and you must not fly through cloud or fog.
- You must not fly your drone over or near an area affecting public safety or where emergency operations are underway. This could include situations such as a car crash, police operations, a fire or firefighting efforts or search and rescue.
- If you're near a helicopter landing site or smaller aerodrome without a control tower, you can fly your drone within 5.5 kilometres.
- It is illegal to fly for money or reward unless you have a remote pilot licence (RePL) or you're flying in the excluded category (sub-2 kilogram or private landholder).
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