The recent arrest of three individuals for allegedly flying drones over the Economic and Organized Crime Office (EOCO) headquarters has brought attention to Ghana's drone regulations. According to Samson Lardy Anyenini, owning a drone does not give one an unrestricted right to fly it anywhere. The laws governing drones in Ghana are outlined in the Ghana Civil Aviation Act, 2024 (Act 1120) and the Ghana Civil Aviation (RPAS) Directives, 2018, Part 28.
To operate a drone in Ghana, one must first obtain approval from the Ghana Civil Aviation Authority (GCAA) to import, export, sell, or operate a drone or its parts. Additionally, the drone must be registered with the GCAA, and registration is not a permit to fly. Part 28.7 of the regulations states that "No person shall fly an RPAS without a Permit issued by the Authority." This permit is required for all drone operations, including recreational and commercial flights.
There are additional rules and regulations for specific drone operations, such as commercial operations, night flights, flights above 400 feet, flights around airports and helipads, and flights within restricted, prohibited, danger, and Special Use Areas. Drone operators must be aware of these regulations and obtain the necessary permits and authorizations before flying. Failure to comply with these regulations can result in sanctions, including penalties ranging from 1,000 to 12,000 penalty units, which is equivalent to GH¢12,000 to GH¢144,000.
In more serious cases, violating a prohibition against flying over specified airspace can result in more severe penalties. Section 40 of Act 1120 provides for 50,000 - 200,000 penalty units, which is equivalent to GH¢600,000-GH¢2.4 million, or 5–30 years' imprisonment, or both. However, it is essential to note that this penalty does not apply simply because the drone was flown over a sensitive State installation. The airspace must have been formally prohibited under section 40.
In the case of the EOCO incident, several legal questions arise. Was the drone lawfully acquired or imported? Was it registered? Was there a permit to fly? Was any additional authorization required for that airspace? And was the EOCO airspace actually within an area formally prohibited or restricted by law? These questions highlight the complexities of drone regulations in Ghana and the need for drone operators to be aware of the laws and regulations.
The regulations are in place to ensure public safety and security. Drone operators must be aware of the potential risks associated with drone flights, particularly in sensitive areas such as government installations, airports, and national parks. By understanding and complying with the regulations, drone operators can help prevent accidents and ensure safe and responsible drone operations.
The GCAA and other regulatory bodies will continue to monitor drone operations in Ghana and take action against those who fail to comply with the regulations. Drone operators are encouraged to seek guidance from the GCAA and other relevant authorities to ensure that they are operating within the law. By working together, we can promote safe and responsible drone operations in Ghana.
Key points
- Drone operations in Ghana are regulated under the Ghana Civil Aviation Act, 2024 (Act 1120) and the Ghana Civil Aviation (RPAS) Directives, 2018, Part 28.
- A permit from the GCAA is required to fly a drone in Ghana.
- Failure to comply with drone regulations can result in penalties, including fines and imprisonment.
