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Ian Hitchcock / Getty Images
A drone operator has been prosecuted for an accident between his drone and a paraglider. (File photo)
A man has been fined for a “deceptively dangerous” mid-air collision between his drone and a paraglider in formation.
It is the first conviction in New Zealand for an accident between a drone and a manned aircraft.
The accident happened in 2018 at Karioitahi Beach, near Waiuku in rural South Auckland.
Ashley Richard Pitman, a recreational drone pilot, was sentenced in Manukau District Court on Thursday.
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He was fined $ 1000 for operating a drone in a way that caused unnecessary danger and for not giving in and staying away from a manned aircraft.
Civil Aviation Authority deputy executive director for aviation safety Dean Winter said he was lucky the glider was not killed or seriously injured in the crash.
He said he hopes this case will serve as a wake-up call for other drone users.
“This conviction shows that there can be real consequences when drone users do not follow the rules and put the lives of others at risk through lack of understanding or carelessness,” said Winter.
RNZ
Drones are being flown among the gannets on Auckland’s Muriwai Beach, much to the alarm of bird watchers and conservationists. (The video was first published in December 2019).
“Although the pilot of the glider was able to safely get away after the collision, the accident was deceptively dangerous and it was only by sheer luck and the skill of the glider that there was no death that day.”
The conviction and fine follow a trial with only one judge in 2020, where Judge Mina Wharepouri found Pitman guilty of the charges.
According to a decision published in October, Pitman told the court that he makes his own short films and documentaries and bought the drone in approximately 2016.
He had been to Karioitahi Beach twice before, but didn’t know it was popular with paragliders, he said. However, he saw a paraglider fly past him when he was there.
Pitman told the court that what had happened was an accident, and that his actions that day were without fault.
However, Judge Wharepouri said that as soon as Pitman saw a glider, “he should have appreciated that its flight could pose a danger to others in the air who share the same airspace as his drone.”
The judge said Pitman relied too heavily on tracking the drone through a screen showing his sight, rather than keeping a direct line of sight to the machine.
The DJI Phantom 3 drone struck the glider about 100 meters from the ground, according to the decision.
The drone got caught in one of the glider’s brake lines, making steering difficult, the judge said.
The paraglider managed to land unscathed, but was shaken by the experience.
Under the Civil Aviation Rules, all drone users must keep their drone in sight at all times and yield to all manned aircraft.
When manned aircraft are nearby, the drones must land immediately.