Dangerous Drone

This site seeks to inform the public of the dangers and abuses related to the use of drones, model aircraft and RPAS for recreation.  It contains research gathered from multiple sources and asks important questions as well as exploring possible solutions to a challenging public safety issue.

Recreational Drone Laws

In order to understand the drone laws, first know that Transport Canada divided the regulations depending upon whether the operator is a member of MAAC or not.  Drone operators who are not members of MAAC have additional requirements to follow.  There are many privileges granted to drone operators if they are members of MAAC who have obtained an exemption from Transport Canada.  MAAC overseas MAAC clubs and MAAC members by setting rules, procedures and safety guidelines that must be followed as a condition of the exemption.  In addition, individual MAAC clubs set rules for club members.  For MAAC members there are three levels of rules that apply; the conditions of the Transport Canada CARS exception, the MAAC rules, procedures and safety guidelines and the rules at MAAC clubs where they operate.  These rules must be followed as a condition of MAAC insurance.   Instead of the police or Transport Canada authorities enforcing regulations, the privileges of the exemption allow MAAC members to self enforce the regulations.  In other words, MAAC, a private organization has been given the power by Transport Canada to set the rules for MAAC clubs and MAAC leaves enforcement up to the executives at these MAAC clubs who get to chose when to enforce the laws on their peers.  The lack of formal enforcement can lead to uncontrolled dangerous behaviour.

Transport Canada Part IX CARS

Summary: The regulations that govern Remotely Piloted Aircraft Systems (RPAS) (aka. drones)

Outline: https://tc.canada.ca/en/aviation/drone-safety/find-your-category-drone-operation

Regulations: https://lois-laws.justice.gc.ca/eng/regulations/SOR-96-433/FullText.html#s-900.01

Transport Canada Part IX CARS Exemption

Summary: Compliance with these conditions is required for MAAC to be eligible for the privileges granted by Transport Canada.

MAAC Exemption: https://tc.canada.ca/en/aviation/reference-centre/exemptions-canadian-aviation-regulations-cars/exemption-part-ix-canadian-aviation-regulations

MAAC Rules, Procedures, and Safety Guidelines

Summary: These are the rules that MAAC clubs and members must follow.  These rules are split across many documents showing site requirements, operator requirements depending on the type of aircraft being operated and technologies used.  Following these rules is a condition of the Part IX CARS Exemption.  There are three levels of documents that apply: MSD, MPPD and MAP.

MAAC Advisory Group Safety Documents: https://www.maac.ca/en/documents.php

MAAC Committees & Advisory Group Documents: https://www.maac.ca/en/committees.php

MAAC Safety Document (MSD) 02 - Retrieval Key: https://secure.maac.ca/get_document.php?document_id=34

MAAC Club Rules

Summary: The club rules apply to club members at individual MAAC clubs and these rules must be followed along with the MAAC rules.  The members must adhere to the conditions of the Part IX CARS Exemption.  Additionally, all local guidelines for the venue must be followed as a condition of the MAAC insurance.

Phelan RC Flying Club Rules: http://www.phelanflyers.com/phelan2020rules.pdf

Legal Obligations

The Part IX CARS Exemption is granted by Transport Canada so long as none of the conditions of the exemption are breached.  The Minister has the discretion to cancel the Exemption if it is found to no longer be in the public interest or present a danger.

Transport Canada

EXEMPTION FROM PART IX OF THE CANADIAN AVIATI0N REGULATIONS

VALIDITY

This exemption is in effect from June 1, 2019 until the earliest of the following:

a) the date on which any condition set out in this exemption is breached; or

b) the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to adversely affect aviation safety or security.
It is a legal obligation for all MAAC members to know the rules and ignorance of these rules is not a valid reason for not following the rules.

MAAC

Exemption Guidance Material

https://secure.maac.ca/get_document.php?document_id=498

Final NOTES

Clubs and members need to review and understand your responsibilities under the MAAC safety code and guidelines on a regular basis.  It is your legal responsibility to know them… Ignorance of the rules will not be a valid reason for not following them.

Conditions for MAAC insurance.

MPPD 04 - MAAC Insurance Coverage Summarized

https://secure.maac.ca/get_document.php?document_id=59

All coverage is contingent on all model flying activities being conducted in strict adherence to the MAAC Safety Code, all local guidelines for the venue and any rules specific to the event or contest.

There is a requirement to follow club rules at MAAC clubs.

Phelan RC Flying Club Rules

http://www.phelanflyers.com/2019%20Club%20Rules.pdf

The executive of the Phelan RC Flying Club establishes and enforces Club rules to ensure safe and enjoyable use of the facilities. Members of the Phelan RC Flying Club who refuse to abide by these rules, or who disregard instructions by the club executive, may have their club privileges revoked.

In addition to the Club rules, members and their guests shall adhere to all relevant MAAC codes and guidelines, including specifically the MAAC Safety Code and the MAAC Safety Guidelines.