Air Traffic Rule 2014 - Lvr 2014

Original Language Title: Luftverkehrsregeln 2014 – LVR 2014

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_II_297/BGBLA_2014_II_297.html

297. Regulation of the Federal Minister for transport, innovation and technology, as well as the Federal Minister of national defence and sports on the scheme of aviation 2014 (air traffic rule 2014 - LVR 2014)

On the basis of § 3, section 4, section 5, § 7, § 21, § 120a, § 121, § 124, § 131 and section 145a of the Aviation Act, Federal Law Gazette no 253/1957, as last amended by Federal Law Gazette I no. 108 / 2013



1. with regard to sections 42, 43, 45 and 46, as well as prescribed in Annexes C and D of regulation by the Federal Minister of defence and sport in consultation with the Federal Minister of transport, innovation and technology, as well as 2 with regard to the other provisions of the regulation by the Federal Minister for transport, innovation and technology in agreement with the Federal Minister of national defence and sports: table of contents



Clause





Subject / title







1 article General provisions







§ 1.





Scope







§ 2.





Union legal provisions







§ 3.





Definitions







2. General rules section







§ 4.





Obligation to comply with the orders of the air traffic control







§ 5.





Board power







§ 6.





General admissibility of falling below the minimum heights







§ 7.





Approval of falling below the minimum altitude for flights







§ 8.





Cruising altitude







§ 9.





Flights to hail Ward







§ 10.





Towing flights







§ 11.





General admissibility of parachute jumps







§ 12.





Parachute jumps







§ 13.





Free balloon rides







§ 14.





Flights with suspension and paragliders







§ 15.





Aerobatics







§ 16.





Association flights







§ 17.





Unmanned free balloons







§ 18.





Operation 1 and of civil aviation equipment usable independently in the flights by model aircraft, unmanned aerial vehicles of the class







§ 19.





Civilian air prohibited areas and restricted areas







§ 20.





Flights to adopted instrument flight conditions







3. section flight schedule







§ 21.





Supplementary provision to the flight plan submission in accordance with SERA. 4001







section 22.





The flight plan submission form







4. section exceptions minimum - visual meteorological conditions (visibility)







section 23.





Exceptions to minimum - visual meteorological conditions in the sky G







§ 24.





Flights under visual flight rules at night







5. airspace classification section







§ 25.





Airspace classification







6 section arrival and departure procedures, airBand radio connection







section 26.





Arrival and departure procedures







§ 27.





AirBand radio connection







section 28.





AirBand radio connection failure







7 section equipment regulations







section 29.





Emergency transmitters







section 30.





Transponder







8 section of airspace reservation







§ 31.





Temporary civilian airspace reservation







9 section übungs and test flights







§ 32.





Training flights







§ 33.





Test flights







§ 34.





Execution of test flights







section 35.





Reports of test flights







section 36.





Particularly subject to permit flights







10 exceptions referred to in article section 4 SERA







section 37.





Exceptions under article 4 SERA







section 38.





Exception request







11 section special provisions for military operational air traffic







§ 39.





Scope of application







section 40.





Special procedures







section 41.





Announcement of low flying routes and low altitude areas







12 section reserved military areas and military airspace restrictions







§ 42.





Defining military reserved areas







§ 43.





Type of airspace reservation







§ 44.





Classification military reserved areas







§ 45.





Military restricted and danger areas







§ 46.





Military training and test flights







13 section final provisions







§ 47.





Air traffic service units, military air traffic control







section 48.





Jurisdiction







paragraph 49.





Transitional provisions







§ 50.





Reference to guidelines and instructions on the notification







§ 51.





Entry into force





1 section

General terms and conditions

Scope

The provisions of this regulation are § 1 (1) to apply on



1. all aircraft within the Austrian territory, with the exception of usage flights (§ 145 LFG) and the operational air traffic within the meaning of the implementing Regulation (EU) No. 923/2012 (SERA) 2. all aircraft with Austrian nationality (§ 15 LFG) outside the scope of the SERA (§ 2), as far as no deviating regulations are applicable, 3rd flight models (section 24 c LFG), unmanned aerial vehicles of class 1 (art. 24f LFG), unmanned free balloons and suitable independently in-flight aircraft (section 22 LFG) , where in the detailed provisions laid down, 4. unmanned aerial vehicles of class 2 (section 24 g LFG), where the for civil aircraft provisions to apply are provided in the detailed provisions no special rules for unmanned aerial vehicles of class 2 are set, 5. approved by the competent military air traffic control, education and fly-bys of civil aircraft by military reserved areas and 6 military aircraft in the military operational air traffic within the meaning of section 145a LFG in accordance with the special provisions of part 11.

Union legal provisions

2. (1) as far as provisions on common rules of the air and operating rules for services and proceedings of the ATC in Regulation (EC) No. 216/2008 establishing common rules for civil aviation and establishing a European Agency for air safety, repealing Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, OJ No. L 79 of the DHV S. 1, and in the implementing Regulation (EU) No. 923/2012 of the Commission by 26 September 2012 to establish common rules of the air and operating rules for services and proceedings of the ATC and amending the implementing Regulation (EC) No. 1035/2011 as well as regulations (EC) No 1265/2007, (EC) no 1794/2006, (EC) No. 730/2006, (EC) no 1033/2006 and (EU) No. 255/2010 OJ No. L 281 of the 13.10.2012 S. 1, are set, they are binding in the currently valid version.

(2) competent authority within the meaning of the Union legal provisions referred to in paragraph 1 is the Austro Control GmbH.

 

Definitions

The terms refer to section 3 (1) the purposes of this Regulation:



1 a) ambulance and rescue: ambulance and rescue flights within the meaning of section 2 of the civil aircraft-ambulance and rescue flight Regulation (ZARV 1985), Federal Law Gazette No. 126/1985 in amended including education and training flight b) search flights: search flights of the search and rescue service including training and training flights c) evacuation flights: recovery of people from imminent dangers in accident - and civil cases including training and training flights 2. aerodrome operations manager : Person appointed by the civil airport owner, which has to provide for the smooth handling of the airfield operation as well as for compliance with the relevant legislation and administrative arrangements (article 2 of the civil aerodrome operating order, BGBl. No. 72/1962, amended) 3rd military air traffic control: fixed or mobile military services, which is responsible for the handling of military or civilian air traffic within military reserved areas as air traffic service units.

4. military reserved areas: in accordance with § 121 LFG to temporary military use fixed, universally limited airspace: a) military close control districts (military terminal control area - mtma /) as parts of the bottom control district, which are set at the intersections of several routes in the vicinity of military aerodromes, b)

military control zones (military control zone - MCTR) as controlled airspace bounded down through the Earth's surface and up through horizontal surfaces at certain heights, c) military aerodrome traffic zones (military aerodrome traffic zone - MATZ) as air spaces that are set to military air bases for the protection of aerodrome traffic and d) military training areas (military training area - MTA) as air spaces of the lower and upper control district to conduct military training flights.

5. upper border (upper State boundary-USB): that amount to move assets located in the aircraft no longer due to aerodynamic lift, but only the power of Kepler.

6 towing flight: flights involving aircraft (towing aircraft) drags other aircraft (gliders) or towing objects (E.g., banners or drag bags).

7 SERA (standardised European rules of the air): implementing Regulation (EU) No. 923/2012 of the Commission by 26 September 2012 to establish common rules of the air and operating rules for services and proceedings of the ATC and amending the implementing Regulation (EC) No. 1035/2011 as well as regulations (EC) No 1265/2007, (EC) no 1794/2006, (EC) No. 730/2006, (EC) no 1033/2006 and (EU) No. 255/2010 OJ No. L 281 of the 13.10.2012 S. 1, most recently amended by regulation, corrected in OJ No. L 145 of the 31.05.2013 S. 38, including the annex and the attachments of 8 SERA. XXXX: Quoting a provision of the annex of the SERA 9 day: not under the term of the night within the meaning of article 2 Z 97 of the SERA applicable period.

10 temporary civilian airspace reservation (TRA): air spaces of class C or D by defined and made known in aviation normally vertical and horizontal proportions, temporarily classified as class G airspace in the respective activation, time.

11 consent: a share similar approval for flights that are not applicable to the provisions for shares.

(2) the definitions contained in SERA considered definitions laid down in this regulation.

2. section

General rules

Obligation to comply with the orders of the air traffic control

§ 4 (1) without prejudice to the determination of SERA. by 2015, the pilot has the instructions of the air traffic control units and to make military reserved areas the orders of the military air traffic control sequence.

(2) the pilot has the general air traffic control arrangements made known in aviation-standard form (§ 120a LFG) to comply.

 

Board power

§ 5. All occupants of an aircraft have to follow the instructions of the responsible pilots that this is in the interests of aviation safety or to maintain order and safety on Board of the aircraft or to comply with the aviation legislation. This obligation to the occupant is required after the landing and even after leaving the aircraft as long as and to the extent further than this to maintain the order and security or to back up search - and -rescue operations.

 

General admissibility of falling below the minimum heights

Section 6 (1) below the minimum altitude specified in SERA is permitted, insofar as this is necessary:



1. for ambulance and rescue flights of 2. search and rescue flights of the search and rescue service 3 evacuation flights of 4. education and training flights of Z 1, 2 and 3-5 at airports: a) to carry out country landings without subsequent landing b) for banner tow flights for the purpose of recording and of throwing tow objects 6 within the scope of a foreign land grant (§ 9 LFG) to carry out country landings without subsequent landing and hovering flight.

7. where flights to the hail Defense (section 9) 8 in parachute jumps.

              (2) suspension and hang gliders may in SERA. 5005 lit. Z f minimum 1 specified minimum amount, if the nature of their operation makes this necessary and not to fear is a danger for persons and things. While flying over people, buildings and public transport facilities (railways, cable cars, ski lifts etc.) and from overhead power lines, a minimum distance of 50 m is to comply with.

(3) the sera. 5005 lit. f Z 2 prescribed minimum altitude of 500 ft above the ground must be lower than when the slope soaring, aircraft or its occupants, still people or things on earth are placed in jeopardy.

 

Approval of falling below the minimum altitude for flights

7. (1) the competent authority shall at the request of the pilot or the aircraft operator for flights in civil aircraft exceptions from the provisions of the SERA of minimum flight altitudes (SERA. 3105) to grant. Exceptions may be granted only insofar as this is necessary with regard to the purpose of the flights. Also must be on the basis of the skills demonstrated by the pilots and experiences to expect that by the fall below the minimum flight altitude aircraft or its occupants still persons or things on the Earth or are bothered by unnecessary noise.

(2) the permit is the extent, limited in time and to grant, with conditions is required as this in the interests of aviation security or to safeguard public interests. It is to be immediately revoked if one of the conditions that have led to its grant is not or no longer or breach of the regulations.

(3) bridges and similar structures as well as tight ropes and wires must be flown except in the cases of § 6 para 1 Nos. 1, 2, 3 and 4 only with a permit referred to in paragraph 1.

 

Cruising altitude

§ 8. The provisions of the SERA of altitudes for flights under visual flight rules are not apply to glider flights and free balloon rides.

 

Flights to hail Ward

§ 9 basically are to apply the provisions of SERA for flights to ward off hail. If it is necessary for the proper conduct of such flights, they are the visual flight by the provisions of the 5th section of the annex of the SERA concerning (SERA. 5001 and SERA. 5005) excluded. By carrying out such flights in the airspace controlled, not subject to release, the eligible air traffic control unit at least is to communicate.

Towing flights

The provisions of the SERA are section 10 (1) for towing flights apply. You are allowed only under the visual flight rules according to SERA. 2005 lit. a be carried out.

(2) for towing flights with towed objects (E.g. banners, tow sack), the pilot has with a person who has experience with towing flights or taught by the pilots about the safety risks, to reconcile a sign noticeable for him, which him this person possibly indicates that the drag object for security reasons must be discarded. This person must be located at the time of the recording of the drag object in such close proximity to the recording site, that is the perception of any security problems.

 

General admissibility of parachute jumps

Parachute jumps are § 11 (1) only under Visual meteorological conditions in accordance with SERA. 5001 allowed.

(2) before a parachute drop flight the parachutist has familiar anyway, careful way with all the available weather reports and weather forecasts to make, which can be for the planned parachute jump of importance.

(3) prior to taking a parachute absprunges, the skydivers in any case, it has to convince that there will be no danger of collision during the Absprunges. His observation of airspace is to complement that the parachutist share their observations in previously agreed way, if necessary, by observing other people (for example, the pilot or an observer on the ground).

Parachute jumps

12. (1) parachute jumps during the day are allowed only under visual flight rules.

(2) parachute jumps at controlled aerodromes and in their vicinity are LFG, the military air traffic control allowed only with the consent of the aerodrome control or at military aerodromes, except in the case of a shared use pursuant to article 62, paragraph 3. Parachute jumps, which should be carried out wholly or partially in controlled airspace, are permitted only if approved by the ATC unit concerned. In controlled airspace, the required approval for each bounce is to catch up.

(3) parachute jumps on uncontrolled aerodromes and in their vicinity are allowed only if the airfield manager has basically agreed to the jump operation.

(4) the consent required in accordance with paragraph 2 may only be issued if no danger of controlled flights or aircraft in the aerodrome traffic to worry about. It is in this respect, temporary and conditional grant, is required as this in the interests of aviation safety. It shall be revoked if one of the conditions of consent not or is no longer given or conditions is been violated.


(5) in the case of parachute jumps in controlled airspace or at controlled aerodromes, and in whose vicinity the aircraft used to remove the parachute with the relevant ATC unit or one by this responsible air traffic services listening watch in flight radio radio communications in accordance with SERA must. maintain 8035.

(6) exemptions from the obligation to maintain the listening watch in the airBand radio traffic (paragraph 5) are permitted only with the consent of the competent ATC unit or military air traffic control. This agreement may only be issued if no danger to the public interest of air safety is to be feared. It is in this respect, temporary and conditional grant, is required as this in the interests of aviation safety. It shall be revoked if one of the conditions of consent not or is no longer given or conditions is been violated.

(7) parachute jumps at night are only allowed



1. at controlled aerodromes and in their vicinity with the consent of the concerned aerodrome control or 2. outside these areas with the approval of the district inspection body or competent approach control unit or the military air traffic control within military reserved areas.

The necessary consent must be obtained for each bounce.

(8) the consent required pursuant to subsection 7 may only be issued if the used to remove the parachute aircraft with the relevant ATC unit or one of these authorized air traffic service units listening watch in flight radio radio communications in accordance with SERA. 8035 maintains and is no threat to the public interest of aviation safety. The consent is in this respect, temporary and conditional grant, is required as this in the interests of aviation safety. It shall be revoked if one of the conditions of consent not or is no longer given or conditions is been violated.

(9) General requirements for parachute jumps can be set by the competent authority and are in aviation normally published.

Free balloon rides

13. (1) the provisions of §§ 15 and 20 and the flight plan (section 4 SERA), controlled flights and flights under instrument flight rules (SERA. 5015 to SERA. 5025) do not apply to free balloon rides.

(2) free balloon rides are allowed only under the visual flight rules and carried out only following information is sent, if the responsible pilot intended at least an hour before the rise of the relevant ATC unit has:



1 indicator and predominant color (s) of the free balloons, 2. Aufstiegsort, 3. estimated time of ascent, 4. estimated flight direction, speed and maximum flight height, 5. intended or likely border crossings (if possible with the name of the eligible border section), 6 estimated total flight duration until the end of the ride, 7 any available radio equipment (including the radio frequencies), 8 number of persons on board and 9 name of responsible pilots.

(3) the pilot responsible has to ensure that the actual rise time is immediately delivered to the next eligible ATC if they order more than 15 minutes from the notified estimated time of ascent (par. 2 Z 3) differs.

(4) the responsible pilot has reported that he has finished the free balloon ride, or a free balloon ride reported pursuant to paragraph 2 is not performed immediately to the next relevant ATC unit.

(5) a notification of the termination of the free balloon ride is not required, either in the drive registration (para. 2 No. 6) or radio will be shown that that search and rescue efforts has been omitted, otherwise if overdue free balloon to initiate that would be.

(6) night trips with Freiballonen non controlled aerodromes aerodrome are allowed only if the ATC unit concerned has agreed to the trip. Such consent may only be issued as far as the safety of aviation in view of the traffic situation. It is extent with fixed terms, conditions, obligations and against withdrawal to give, than is required with respect to aviation security.

(7) on free balloon rides during the day the provisions are of para 2 to 4 of messages to air traffic control units do not apply; within controlled airspace applies to free balloon rides only if a suitable secondary surveillance radar transponder with altitude code mode applied for this purpose and code is set.

Flights with suspension and paragliders

Section 14 (1) hanging and hang gliders are not allowed in operating, if this could affect the safety of aviation. Before the air space is by the pilot to observe; When approaching another aircraft, anyway, to refrain from commissioning.

(2) the operation of suspension and para gliders in the area of the aerodrome traffic is allowed only if at controlled aerodromes the aerodrome certification body for non-controlled civil aerodromes the aerodrome Manager, has agreed to.

(3) the provisions of paragraph 2 for the operation of suspension and para gliders in the area of the aerodrome traffic of military aerodromes, apply LFG, except in the case of a shared use pursuant to article 62, paragraph 3, with the proviso that this is permissible only with the consent of the eligible military air traffic control.

(4) the commissioning of suspension and paragliders in exercise grounds (article 119, para. 3 subpara 1 of civil aviation personnel Ordinance 2006 (ZLPV 2006), Federal Law Gazette II No. 205) by civil air driver for hanging and hang gliders and this civil air driver schools available, related practice areas a civil airfield is allowed only with the consent of the eligible responsible business leader, his Deputy or a contracted civilian instructors.

(5) consent pursuant to paragraph 2 to 4 may be granted only if operation of suspension and para gliders the public interest of aviation safety is not endangered. In this respect due, temporary and conditional grant, is required as this in the interests of aviation safety. They can be revoked if one of the conditions of consent not or is no longer given or conditions is been violated.

 

Aerobatics

Section 15 (1) civil aircraft may in aerobatics only under visual flight rules in accordance with SERA. 5005 are performed.

(2) art flights are only permissible, if all occupants of the aircraft



1 is declared expressly agree with the execution of the art flight and have 2 created a ready-made parachute.

(3) in controlled airspace, flights are allowed only if approved by the ATC unit concerned. This approval is granted if the fulfilment of the tasks of the air traffic control is not compromised or is ensured by the notices of payment due by time limitations, terms and conditions. It shall be revoked if one of the conditions of consent not or is no longer given or conditions is been violated.

(4) aerobatics are prohibited



1. over dichtbesiedeltem territory, 2. on fire or hazardous industrial sites, 3. about crowds outdoors and 4th in a height of less than 1700 ft above ground.

(5) exceptions to paragraph 4 may be approved only Nos. 3 and 4, insofar as this is necessary with regard to the purpose of the flights. The must also have reason to expect proven skills and experience of the pilot, that neither aircraft or its occupants still persons or things on the Earth is endangered by the aerobatic. The grants are for flights in civil aircraft at the request of the pilots in the case of civil aviation events at the request of the Organizer, to grant by the respective competent authority. The permit is temporary and, in so far as this in the interests of aviation safety is required to grant terms and conditions. It is to be immediately revoked if one of the conditions that have led to its grant is not or no longer or breach of the regulations.

 

Association flights

§ 16 flights of Association in civil aircraft according to SERA. 3135 are only according to visual flight rules according to SERA. 5005 allowed.

 

Unmanned free balloons

Section 17 (1) unmanned weather balloons (§ 24i LFG) are unmanned free balloons in the sense of article 2 Z 138 SERA, that the criteria of a light balloon in annex 2 Z 1.1 lit. a SERA meet and be used exclusively for meteorological purposes. Unmanned weather balloons may be operated only with the authorization of the competent authority.


(2) the operation of any other unmanned free balloons is permitted only with the consent of the competent authority in accordance with Annex 2 SERA. In addition, the consent of the competent ATC unit - within military reserved areas of the military air traffic control - is to obtain for each flight of an unmanned free balloon in the controlled airspace. On uncontrolled aerodromes and in whose vicinity the flight of an unmanned free balloon is allowed only if the airfield manager has agreed to.

(3) permits and approvals pursuant may be granted only paragraphs 1 and 2, if the operation does not endanger public interest of aviation safety. In this respect due, temporary and conditional grant, is required as this in the interests of aviation safety. Be cancelled, if one is not or no longer given authorisation or consent requirements or is been violated regulations.

 

Operation 1 and of civil aviation equipment usable independently in the flights by model aircraft, unmanned aerial vehicles of the class

Section 18 (1) the operation of model aircraft (section 24 c LFG), unmanned air vehicles of class 1 (section 24f LFG) and usable by itself in the flights civil aviation equipment (such as dragons, captive balloons, rockets and the like) in height of 150 m above ground up or under circumstances, will be among those with a skim of the Federal limits is allowed without prejudice to other provisions only with a permit from the competent authority.

(2) the operation of of civil aviation equipment usable independently in the flights and aircraft over densely populated areas or over crowds in the open air is allowed without prejudice to other provisions only with a permit from the competent authority.

(3) the operation of of civil aviation equipment usable independently in the flights and aircraft on fire or hazardous industrial sites is prohibited.

(4) the operation of model aircraft, unmanned aerial vehicles which is class 1 and suitable independently in-flight civil aviation equipment (unless prohibited according to § 128 LFG) without prejudice to other provisions within security zones



1. at controlled aerodromes only with approval of the competent authority and 2nd at uncontrolled aerodromes only with the consent of the aerodrome Manager allowed. At an airfield without security zone, operation of model aircraft is allowed to the aerodrome reference point only with the consent of the aerodrome Manager, unmanned aerial vehicles of class 1 and usable independently in flight civil aircraft within a radius of 2500 m.

(5) the operation of model aircraft within control zones is prohibited. Excluded from the operation of aircraft is within model flying club, which have already existed at the time of establishing a zone of control. The operation of unmanned aerial vehicles of class 1 within control zones is allowed only with the consent of the relevant ATC unit.

(6) permits and approvals in accordance with paragraphs 1, 2, 4 and 5 may be granted only if the operating endanger neither the public interest of aviation safety nor persons or things on the Earth. In this respect due, temporary and conditional grant, is required as this in the interests of aviation safety. Be cancelled, if one is not or no longer given authorisation or consent requirements or is been violated regulations.

(7) the provisions of paragraph 1, 2 and 4 are unmanned aerial vehicles of the class for the operation of model aircraft 1 and usable by independently in flight civil aircraft within of military close control districts, military control zones and military aerodrome traffic zones with the proviso that this is permissible only with the consent of the competent local military air traffic control.

 

Civilian air space restricted areas

§ 19. After SERA. 3145 air prohibited areas and restricted areas are set with the (spatial and temporal) limits apparent in Annex B and the conditions of the respective flight restrictions.

 

Flights to adopted instrument flight conditions

§ 20 flights after accepted instrument flight conditions are allowed only if's in the safety pilot in accordance with SERA. 3220 to a pilot with a corresponding license and permissions for the relevant aircraft is.

3. section

Flight plan

Supplementary provision to the flight plan submission in accordance with SERA. 4001

§ 21 took off from the flight plan requirement pursuant to SERA. 4001 lit. b Z 5 for cross-border flights of civilian aircraft are published in aviation normally.

 

The flight plan submission form

§ 22 (1) the flight plan is either personal, telephone, telex, telefax or electronic form to submit. In the interest of the rapid handling of air traffic, the Clearinghouse for air traffic services may order the personal flight plan submission. When the ground station of the place of departure has agreed a rapid operation of air transport services in the interest of flight plan also through airBand radio connection can be delivered.

(2) for ambulance, rescue, search and evacuation flights the flight plan - is obligation schedule - via airBand radio connection to submit, as soon as an area is flew through, in which these can be manufactured.

4 section

Exceptions to minimum - visual meteorological conditions (visibility)

Exceptions to minimum - visual meteorological conditions in the sky G

§ 23 Visual flights (the higher is decisive), are within G airspace of class in and at an altitude of 900 m (3 000 ft) above mean sea level or 300 m (1000 ft) above the ground in accordance with SERA. 5001 lit. a and b even when a flight visibility less than 5 km, but



1 not under 1500 m flight visibility permitted, if the speed of these flights is 140 kt IAS or less, so that other traffic and obstacles in time enough can be identified, so collisions to avoid or 2 not less than 800 m flight visibility permitted, if the flight with a helicopter with a speed, the pilot allows to perceive other aircraft or obstacles in time , that he can take the measures necessary to avoid collisions in time.

 

Flights under visual flight rules at night

Flights are section 24 (1) Visual flight rules at night according to SERA. 5005 lit c permitted.

(2) the minimum altitude for flights under visual flight rules at night outside controlled airspace is 600 m (2000 ft) above the highest obstacle within a radius of 8 km from the assumed location of the aircraft. In controlled airspace, the flight altitudes come to SERA. 5005 lit. c to Z 5. These may be reached except during takeoff and landing.

(3) Visual flights at night with helicopters to carry out by ambulance and rescue flights or for the immediately related flights (such as in particular flights from the site) are with the consent of the competent ATC unit even when weather conditions allowed under the sera. 5005 lit c Z 3. circumscribed values are, as far as these flights with a speed run, which allows the pilot to perceive obstacles and other aircraft in sufficient time , that he can take the measures necessary to avoid collisions in time.

5. section

Luftraumklassifzierung

Airspace classification

§ 25. According to the classification in accordance with the article 6 of the annex of the SERA, air spaces are set in Appendix A. That part of the air space in Austria, which is set with any other class of airspace in Appendix A, is classified with the airspace class G.

6 article

Arrival and departure procedures, flight radio-radio connection

Arrival and departure procedures

§ 26 (1) fly on, fly over or flies off airports are those of the competent authority with regard to aviation security and to reduce noise to comply, where appropriate, applied procedures.

(2) Notwithstanding paragraph 1 the competent authority can apply special arrival and departure procedures at certain airports, taking into consideration on aviation security and to the prevention of noise pollution, which makes great demands on the pilots or the equipment or the performance of the aircraft. Carrying out flights to these special arrival and departure procedures is permitted only with the authorisation of the competent authority.

(3) grants pursuant to paragraph 2 may be granted only if the operation does not endanger public interest of aviation safety. Are in this respect, temporary and conditional grant, is required to as this in the interests of aviation safety, and to avoid noise. They can be revoked if one of the licence conditions not or is no longer given or conditions is been violated.

 

AirBand radio connection

Section 27 (1) the obligation to produce and maintain an airBand radio connection within the meaning of the SERA to the relevant air traffic service units or military air traffic control.


(2) except from the obligation of paragraph 1, controlled flights in the aerodrome traffic of a controlled aerodrome - except instrument flights and flights for the carriage of commercial - are when there is no possibility of two-way radio and applied by the competent inspection body airfield is something else. For such flights, the pilot has to follow the instructions given by optical signals and signs (according to Appendix 1, section 3 to 5 SERA)

 

AirBand radio connection failure

28. (1) If a failure or a malfunction of the airBand radio connection excludes the compliance with the provisions of the SERA, so the pilot has to observe the applicable procedures of the following paragraphs, unless no other method was applied by the air traffic service units.

(2) the airBand radio link fails and VFR weather conditions are given, so has the pilot of controlled flight



1 a) to make the transponder to code 7600 b) to continue the flight in VFR weather conditions, c) to the nearest suitable airfield to land and d) on the fastest way to register his landing of the relevant air traffic services, or 2. when it appears appropriate to complete the flight under instrument flight rules according to the paragraph 3.

(3) the airBand radio link fails and instrument flight weather conditions or the pilot of the flight according to instrument flight rules considers it inappropriate to complete the flight no. 1 according to the terms of paragraph 2, as the pilot in airspace in which air traffic control is exercised with radar has to proceed to following rules:



1. the transponder is set to code 7600.

2. the last assigned altitude and speed, or if the minimum flight altitude then is that one higher than the last shared altitude to maintain for seven minutes. The seven minutes a start) at the time of reaching the last shared flight level or minimum flight altitude, b) at the time when the transponder to code 7600 was made or c) at the time of the failure message of a compulsory reporting point, which is also always later.

3. altitude and speed are keeping according to the flight plan filed with air traffic service units.

4. If the flight radar runs or is a laterally offset parallel course using RNAV without a specified release limit, the flight is at the latest to the next waypoint in the route according to the applicable flight plan. It should be noted the minimum flight altitude here. In relation to the distance to be or the beginning of the descent flight for the purpose of landing at an airport, the applicable flight plan is to be used.

5. the flight is according to the current flight schedule up to radio navigation aid intended to use to continue, that serves as a landing aid for the destination aerodrome; the arrival of this radio navigation AIDS prior to the date referred to in no. 6, is queues waiting round the designated radionavigation aid to fly are so up to this point.

6. the descent of the radio navigation aid referred to in Z 5 is as exactly the most recently received by the pilot and confirmed approaching time to start.

7. If a landing time was not received or confirmed, the descent at the time of the estimated time of arrival, or as close as possible to the estimated time of arrival is to begin. The estimated time of arrival is taken from the current flight plan.

8. it is the instruments approach procedures set for the relevant radio navigation aid rendering.

9. wherever possible, is within 30 minutes after the estimated time of arrival, according to applicable flight plan, or the last received and confirmed landing time, which this time is whatever the subsequent landing.

10. If a landing is not possible, is to an alternate aerodrome, to the specified in the flight plan, to fly.

(4) the eligible air traffic control unit has to be that the pilot of the aircraft, whose flight radio radio connecting has failed, if not behave according to the provisions of paragraph 2 or 3, the exercise of air traffic control for the other air traffic in the airspace the adoption based



1 with the help of radar or other means that the pilot of these terms differs or 2 of the secure message is, that the aircraft has landed determined.

7 section

Equipment regulations

Emergency transmitters

Section 29 (1) flights in civil aircraft cannot be up to a maximum permissible take-off weight of 20 000 kg - as far as in para 2 else certainly will - be carried only, if aviation according to relevant standards approved emergency transmitters (crash channel) ready for operation be carried.

(2) no beacon is required for



1. flights by aircraft over 5 700 kg of maximum permissible take-off weight, if Austrian Federal territory is overflown landungslos, 2 flights by aircraft in the aerodrome traffic and within such areas, optically monitored by observers on the ground (such as aerobatics rooms), flights by aircraft in Notsenderausfall, if the circumstances can be procured for not immediately substitute, and the security precautions in regard to the search and rescue service are met 3. , 4 free balloon rides, if is provided for connection to a chase vehicle and 5 flights with suspension and para gliders and parachute jumps.

(3) on the cases of para 2, more exceptions on the occasion of the approval of aviation events in the agreement can be granted for the implementation of aviation events with the competent authority, taking into account the security needs of the aviation.

 

Transponder

30. (1) the operation of power-driven civil aircraft heavier than air with rigid wings, helicopters and gyrocopters is the airspace (airspace class E) listed in Appendix A generally only with a working transponder Mode S with pressure altitude reporting allowed in. On these transponders the code is 7000 including automatic pressure altitude reporting when flying on these aircraft, unless by an air traffic service units unless otherwise instructed, unsolicited to adjust.

(2) by way of derogation paragraph 1 already built-in transponders, which can not be operated in mode S, until 31 December 2017 still may be used at the time of entry into force of this regulation in civil aircraft. Paragraph 1 shall apply in case of replacement of this transponder.

 

8 section

Airspace reservation

Temporary civilian airspace reservation

§ 31. The airspace of class C or D of defined vertical and horizontal proportions, temporarily classified as class G airspace at the time of the respective activation, are considered temporary civilian airspace reservation. The vertical and horizontal extension, as well as the conditions of use are arranged according to § 120a LFG by Austro Control GmbH and published in aviation normally.

9 section

Practice and test flights

Training flights

32. (1) training flights are flights where civil aircraft operate without an authorized civil flying instructor on the dual controls of persons on the fly, not holding the valid civil air driver licenses provided for in the ZLPV 2006 for this activity or permissions.

(2) training flights are permitted only within the following airspace limits to civil aerodromes:



1 down: Earth 2 upwards: flight level 195 3. sideways: vertical cylinder surface areas with a radius of 8 km - based on the relevant aerodrome reference point.

Training flights are allowed only in the period of operation of the respective civil airfield and may be carried only with those types of civil aircraft, for which the concerned civil aerodrome is approved.

(3) within controlled airspaces, training flights are allowed only if approved by the ATC unit concerned. This approval is granted if the fulfilment of the tasks of the air traffic control is not compromised or is ensured by the notices of payment due by time limitations, terms and conditions. It shall be revoked if one of the conditions of consent not or is no longer given or conditions is been violated.

(4) densely populated areas or crowds in the open may be overflown exercise flights only in so far as it is strictly necessary for the purpose of the departure or landing operational reasons.

(5) several exercise flights are operated in a training area referred to in paragraph 2 at the same time, to ensure agreement of all involved pilots and the supervising instructor for a safe conduct of all flights.

(6) passengers may not be brought for training flights.

 

Test flights

33. test flights are granted basic of aviation law or permitted flights, where civil aircraft used to determine its performance or operating behavior of built-in aviation equipment in various flight modes on the fly, without already meeting all applicable air efficiency requirements.

 

Execution of test flights


34. (1) test flights within controlled airspace are allowed without prejudice to other provisions only if approved by the ATC unit concerned. This approval is granted if the fulfilment of the tasks of the air traffic control is not compromised or is ensured by the notices of payment due by time limitations, terms and conditions.

(2) in the case of testing flights, densely populated areas or crowds in the open may be overflown only in so far, as it is strictly necessary for the purpose of the departure or landing for operational reasons.

 

Reports of test flights

As far as no flight plan has been submitted for a test flight, the pilot has 35. (1) in paragraph 3 the shortest routes reported immediately to the designated places:



1. before starting each test flight of a) intended altitude and, if necessary, the portion in which he carried out the test flight intended as well as b) any further information required by the authority taking the message forward in the interests of aviation safety;

2. the completion of each test flight.

(2) a pilot performs on the same day several test flights, which can allow upcoming posts that which required message just before the first and after the last test flight of that day are delivered in accordance with paragraph 1, if thereby the aviation security is not at risk pursuant to par. 3 into consideration.

(3) the reports pursuant to paragraphs 1 and 2 shall be compensated for:



1 at the registration office for air traffic services of the place of departure or, if at the aerodrome no such Registrar located in the service - those responsible for flight operations at the place of departure and 2 for test flights within controlled airspace, if necessary, in addition to the ATC unit concerned.



Particularly subject to permit flights

36. (1) flights, in which the pilot or the aircraft must meet special requirements, in particular at a reduced vertical separation (reduced vertical separation minimum - RVSM) or a (all weather operation - AWO), all-weather flight operations may only be performed if permission was granted by the competent authority if they aren't approved for other legislation.

(2) the application of minimum equipment list (minimum equipment lists - MELs) or configuration deviation list (configuration deviation lists - CDLs) is only permitted if these documents has been granted a permit by the competent authority.

(3) in the case of the granting of permits in accordance with paragraphs 1 and 2, the provisions applicable to commercial aviation to apply are basically. Simplified operating procedures can be set for non-commercial flights.

(4) for the granting of permits in accordance with para 1 to 3 for flights by military aircraft, which carry the mark of an Austrian military aircraft is responsible for the Federal Minister of national defence and sports.

10 section

Exceptions under article 4 SERA

Exceptions under article 4 SERA

section 37. Flights pursuant to § 3 para 1 No. 1 under visual flight rules in control zones up to a height of 450 ft above ground can the ATC from a staggering of these flights to flights under instrument flight rules in accordance with SERA. 8005 lit. b Z 4. refrain if not endanger other traffic participants to assume.

Exception request

section 38. The competent authority may approve exceptions to the visual flight rules at the request of the authorities referred to in article 4 in accordance with article 4 of Regulation (EU) No. 923/2012. Exceptions may be granted only insofar as this is necessary with regard to the purpose of the flights. The must also have reason to expect proven skills and experience of the pilot, that aviation security is guaranteed even at below the minimum flight visibility. The approval is in this respect, temporary or conditional grant, is required as this in the interests of aviation safety. The authorization shall be revoked if one of the approval requirements not or is no longer given or conditions is been violated.

 

11 Chapter

Special provisions for military operational air traffic

Scope of application

§ 39. The special procedure in this section for the military operational air traffic (MOAT, section 145a LFG) apply for Austrian military aircraft (§ 11 ABS. 2 LFG). The application of this procedure can, unless otherwise stated in the following be approved in this permit foreign military aircraft, for their show, off - or landungslosen overflight permission pursuant to § 8 para 4 is LFG. The performing of other than the special procedures by foreign military aircraft in this regulation is inadmissible.

Special procedures

Section 40 (1) for flights in the context of military operational air traffic must be adhered to by the procedures laid down in SERA and this Regulation as far as required by the performance of the military task. Distances to civil aircraft are allowed only at the military air traffic control in accordance with section 26 of the military Authorization Act (MBG), Federal Law Gazette I no. 86/2000 as amended by Federal Law Gazette I no. 85/2009, or be exceeded with the approval of the responsible pilots of the civil aircraft.

(2) these procedures are determined in accordance with section 145a (4) LFG.

Announcement of low flying routes and low altitude areas

§ 41. low flying routes and low flying areas can be published by the Federal Minister of defence and aviation usually sports.

12 section

Military reserved areas and military airspace restrictions

Defining military reserved areas

42. (1) during military reserved areas to be set each time military use, each with the limits specified in Appendix C,



1. the military close control districts in Tulln 1 to 3 (mtma / Tulln 1 to 3) and tent 1 to 5 (mtma / Zeltweg 1-5), 2. the military zones of control in Tulln (MCTR Tulln) and Zeltweg (MCTR Zeltweg), 3. the military aerodrome traffic zones Aigen (Aigen of MATZ) and Wiener Neustadt 1 (MATZ Wiener Neustadt 1), 4. the military aerodrome traffic zone Wiener Neustadt 2 (MATZ Wiener Neustadt 2) as well as 5 the military training area (MTA).

(2) the time military use of the areas referred to in paragraph 1 No. 1 to 3 corresponds to the operating hours of the relevant military flight management. Standard operating time are in advance, to make manifest different operating times as soon as possible in the aviation-usual way.

(3) the transfer to the temporary military use and return of the areas referred to in paragraph 1 is between air traffic control units and military air traffic control coordination Nos. 4 and 5. The detailed provisions are in an agreement between the Federal Minister of national defence and sports and the Minister of transport to define innovation and technology in accordance with § 121 paragraph 3 LFG.

 

Type of airspace reservation

§ 43 (1) in military reserved areas of air traffic control in the sense of § 119 perform tasks for reasons of aviation safety LFG from the competent local military air traffic control as air traffic service units. Which is competent military air traffic control for the military training areas, provided that Appendix C in particular not in the other is intended, the military control center (military control center - MCC).

(2) in military reserved areas, inputs, training and penetration in civil aircraft under consideration of SERA only after approval by the competent military air traffic control is allowed, obligation due to the airspace classification to release.

(3) for flights under visual flight rules Z 1 to 4 the competent local military flight line anyway, during standard hours to catch up with the information is immediately before a flight in an area referred to in section 42, if the locally competent military air traffic control in the service.

(4) specific procedures for the use of military reserved areas are in an agreement between the Federal Minister of national defence and sports and the Minister of transport to define innovation and technology in accordance with § 121 paragraph 3 LFG.

 

Classification military reserved areas

44. (1) the military reserved areas in accordance with article 42, paragraph 1 Z 1 to 4 are the airspace class D according to SERA. associated 6001. Airspace classification of the military training areas in accordance with article 42, paragraph 1 Z remains 5, unless the following not other is determined, unchanged even during a time military use.

(2) within military reserved areas, the airspace class G can be assigned to defined parts for a limited use. The activation and deactivation of these areas is carried out by the competent military air traffic control. Such areas and their terms of service are to be published in aviation-usual way.

 

Military restricted and danger areas

45. (1) according to article 4, paragraph 1 Z are 2 LFG military restricted areas with the spatial and temporal limits apparent from Annex D set.


(2) with regard to the military danger areas referred to in Annex D, indicates that it is connected to input, education and penetration with the respective therein hazards.

Military training and test flights

46. (1) military exercises and test flights serve military flight training and testing of military aircraft and aviation unit in the context of the accomplishment of tasks in accordance with article 2 of the military service Act 2001 (WG 2001), Federal Law Gazette I no. 146, in the version of Federal Law Gazette I no. 85/2009.

(2) military exercise flights may be carried within military reserved areas pursuant to § 42 para 1 during their time military use only.

(3) military test flights within controlled airspace outside military reserved areas are permitted only if approved by the ATC unit concerned. This approval is granted if the security is not endangered by controlled flights and aircraft in the aerodrome traffic, taking into account the purpose of the flight. The provisions of section 36 shall apply mutatis mutandis.

(4) in the case of military training and test flights, densely populated areas or crowds in the open may be overflown in so far, as it is strictly necessary for the purpose of the departure or landing operational reasons.

13 section

Final provisions

Air traffic service units, military air traffic control

47. (1) air traffic services are the air traffic control authorities (§ 120 LFG) of Austro Control GmbH, insofar as they are engaged in air traffic services.

(2) within military reserved areas according to § 42, the duties of air traffic control by the locally competent military air traffic control are to exercise. Conditions are detailed in an agreement between the Federal Minister of national defence and the Minister of transport to define innovation and technology in accordance with § 121 paragraph 3 LFG.

 

Jurisdiction

§ 48. competent authority within the meaning of this regulation is the Austro Control GmbH.

 

Transitional provisions

paragraph 49. All notices, which in accordance with the rules of the air 2010, Federal Law Gazette II No. 80/2010, granted, remain valid in the context of their respective time limit.

Reference to guidelines and instructions on the notification

§ 50. This regulation is in accordance with the provisions of Directive 98/34/EC establishing an information procedure in the field of technical standards and regulations, OJ No. L 204 of 21 July 1998, p. 37, as amended by Directive 98/48/EC, OJ No. L 217 of 5 August 1998 p. 18, the Commission of the European Union shall notify (Notifizierungsnummer 2014/369/A).

 

Entry into force

51. (1) this regulation with 11 December 2014 into force.

(2) the regulation of the Federal Minister for transport, innovation and technology, as well as the Federal Minister of national defence and sports over the regulation of air traffic 2010 (rules of the air 2010 - LVR 2010), Federal Law Gazette II No. 80/2010 occurs upon expiration of 10th December 2014 override.

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