The recent arrest of three individuals for allegedly flying drones over the Economic and Organized Crime Office (EOCO) headquarters has highlighted the importance of understanding Ghana's drone regulations. According to the Ghana Civil Aviation Act, 2024 (Act 1120) and the Ghana Civil Aviation (RPAS) Directives, 2018, Part 28, owning a drone does not give you an unrestricted right to fly it wherever you please. In fact, the rules begin even before take-off, with prior Ghana Civil Aviation Authority (GCAA) approval required to import, export, sell or operate a drone or its parts.
To operate a drone in Ghana, the drone must be registered, and registration alone is not permission to fly. Part 28.7 of the regulations states that "No person shall fly an RPAS without a Permit issued by the Authority." This means that drone operators must obtain a permit from the GCAA before flying. Additionally, there are specific rules for commercial operations, night flights, flights above 400 feet, flights around airports and helipads, and flights within restricted, prohibited, danger and Special Use Areas.
The regulations also outline penalties for breaches, which can range from 1,000 to 12,000 penalty units (GH¢12,000 to GH¢144,000) for individuals, depending on the particular violation and status of the operator. However, there is an even more serious offence under Section 40 of Act 1120, which provides for 50,000 - 200,000 penalty units (GH¢600,000-GH¢2.4 million) or 5–30 years' imprisonment, or both, for violating a prohibition against flying over specified airspace.
It is worth noting that the Section 40 punishment does not arise merely because the place is a sensitive State installation. The particular airspace must have been formally prohibited under Section 40. This means that before the 5–30 year sanction can be invoked, it must first be established that the airspace was formally prohibited or restricted by law. In the case of the EOCO incident, the legal questions go beyond simply asking, "Why were they flying a drone there?"
To determine the legality of the drone flight, several factors must be considered. These include whether the drone was lawfully acquired or imported, registered, and if there was a permit to fly. Additionally, any additional authorisation required for that airspace must be taken into account. Finally, it must be established whether the EOCO airspace was actually within an area formally prohibited or restricted by law.
The regulations are in place to ensure safe and responsible drone operation in Ghana. The GCAA is responsible for enforcing these regulations, and drone operators must comply with the rules to avoid penalties. The regulations also highlight the importance of responsible drone ownership and operation, as the airspace is not private property and must be respected.
In conclusion, understanding Ghana's drone regulations is crucial for safe and legal flight. Drone operators must comply with the regulations, which include obtaining prior approval, registering their drones, and obtaining permits to fly. The regulations are in place to ensure public safety and security, and breaches can result in significant penalties.
Key points
- Drone operators in Ghana must obtain prior GCAA approval to import, export, sell or operate a drone or its parts.
- Drone registration is not permission to fly; a permit from the GCAA is required.
- Breaches of drone regulations can result in penalties ranging from GH¢12,000 to GH¢2.4 million or 5–30 years' imprisonment.
