297. Regulation of the Federal Minister of Transport, Innovation and Technology as well as of the Federal Minister for National Defence and Sport on the Regulation of Air Traffic 2014 (Air Traffic Rules 2014-LVR 2014)

On the basis of § 3, § 4, § 5, § 7, § 21, § 120a, § 121, § 124, § 131 and § 145a of the Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I n ° 108/2013

1.		as regards Articles 42, 43, 45 and 46 and Annexes C and D of the Regulation by the Federal Minister for National Defence and Sport, in agreement with the Federal Minister for Transport, Innovation and Technology, and
2.		as regards the other provisions of the Regulation, by the Federal Minister for Transport, Innovation and Technology, in agreement with the Federal Minister for Defence and Sport
ordering:

table of contents

Paragraph	Object/Label
Section 1 General provisions
§ 1.	Scope
§ 2.	EU legislation
§ 3.	Definitions
Section 2 General rules
§ 4.	Obligation to comply with the arrangements of air traffic control
§ 5.	On-board power
§ 6.	General admissibility of the undershooting of the mindeshares
§ 7.	Approval of the reduction of the minimum number of flights for flights
§ 8.	Travel altitude
§ 9.	Flights to the Hagelabwehr
§ 10.	Tugs
§ 11.	General admissibility of parachute jumps
§ 12.	Parachute jumps
§ 13.	Free ballooning
§ 14.	Flights with hangings and paragliders
§ 15.	Art flights
§ 16.	Verbandsflights
§ 17.	Unmanned outdoor swimming pool
§ 18.	Operation of flight models, unmanned class 1 aircraft and civil aeronautical equipment which can be used independently in the flight
§ 19.	Civil airlock zones and flight restriction areas
§ 20.	Flights in accordance with instrument flight conditions adopted
Section 3 Flight Schedule
§ 21.	Additional determination of the flight plan levy according to SERA.4001
§ 22.	Form of flight plan levy
Section 4 Exceptions-Minimum visibility conditions (flight view)
§ 23.	Exceptions-Minimum visibility conditions in air space G
§ 24.	Flights by day of sight fishing
Section 5 Airspace classification
§ 25.	Airspace classification
6. Flight and departure procedures, radiotelephone connection
§ 26.	Departure and departure procedures
§ 27.	Radiocommunications radio link
§ 28.	Failure of the radio communications radio link
Section 7 Equipment requirements
§ 29.	Notsender
§ 30.	Transponder
8. Section Airspace reservation
§ 31.	Temporary civil airspace reservation
Section 9 Practicing and testing flights
§ 32.	Practice flights
§ 33.	Probation flights
§ 34.	Implementation of test flights
§ 35.	News about trial flights
§ 36.	Special flights subject to authorisation
Section 10 Exceptions pursuant to Art. 4 SERA
§ 37.	Exceptions pursuant to Art. 4 SERA
§ 38.	Exception request
11. Special provisions for military operational air traffic
§ 39.	Scope
§ 40.	Special procedures
§ 41.	Presentation of low-air routes and low-air areas
12. Militarily reserved areas and military airspace restrictions
§ 42.	Definition of militarily reserved areas
§ 43.	Type of airspace reservation
§ 44.	Classification of militarily reserved areas
§ 45.	Military flight restrictions and danger zones
§ 46.	Military exercise and trial flights
Section 13 Final provisions
§ 47.	Air Traffic Service, Military Flight Line
§ 48.	Responsibility
§ 49.	Transitional provisions
§ 50.	References to directives and references to the notification
§ 51.	entry into force

Section 1

General provisions

Scope

§ 1. (1) The provisions of this Regulation shall apply to:

1.		all aircraft within the territory of the Austrian territory, with the exception of operational flights (§ 145 LFG) and the operational air transport as defined in the Implementing Regulation (EU) No 923/2012 (SERA)
2.		all aircraft with Austrian nationality (§ 15 LFG) outside the scope of SERA (§ 2), in so far as no different provisions are applicable,
3.		Flight models (§ 24c LFG), unmanned aerial vehicles of class 1 (§ 24f LFG), unmanned outdoor swimming pool and aeronautical equipment which can be used independently in the flight (§ 22 LFG), insofar as this is laid down in the individual provisions,
4.		unmanned class 2 aircraft (§ 24g LFG), applying the provisions applicable to civil aircraft, provided that no special regulations for unmanned aerial vehicles of category 2 are laid down in the individual provisions;
5.		in the case of the entry, export and transit of civil aircraft approved by the competent military air duct, by means of militarily reserved areas; and
6.		Military aircraft in military operational air traffic within the meaning of Section 145a of the LFG in accordance with the special provisions of Part 11.

EU legislation

§ 2. (1) Insofar as provisions relating to the common air traffic rules and operating rules for air traffic control services and procedures are laid down in Regulation (EC) No 216/2008 establishing common rules in the field of civil aviation and the establishment of a European Aviation Safety Agency, repealing Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, OJ L 136, 30.4.2004, p. No. OJ L 79, 19.3.2008 S.1 and Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 establishing common air traffic rules and operating rules for air traffic control services and procedures and amending the rules on air traffic control and air traffic control 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 L 139, 30.4.2006, p. No. OJ L 281, 13.10.2012 p.1., these are binding in the version in force.

(2) The Austro Control GmbH shall be the competent national authority within the meaning of the provisions of the European Union law referred to in paragraph 1.

Definitions

§ 3. (1) For the purposes of this Regulation, the terms shall mean:

1. (a)			Ambulance and rescue flights : Ambulance and rescue flights within the meaning of § 2 of the Civil Aviation Vehicle Ambulance and Rescue Flight Ordinance (ZARV 1985), BGBl. No 126/1985, as amended, including training and training flights
b)			Search flights : Search flights of search and rescue services including training and training flights
c)			Evacuation flights : Rescue of people from imminent risk in disaster and disaster situations, including training and training flights
2.		Airfield Operations Manager : the person ordered by the civil aircraft holder to ensure the smooth handling of the airfield operation as well as the compliance with the relevant legislation and official orders (§ 2 of the Civil Aviation Rules of the Code of Civil Aviation, BGBl. No 72/1962, as amended)
3.		Military air line: fixed or mobile military service which is responsible for the handling of military or civilian air traffic within military areas as an air traffic service.
4.		Militarily reserved areas: The limited air spaces defined in accordance with § 121 LFG on temporary military use:
a)			military terminal control area (MTMA) as parts of the lower control district, which are fixed at crossing points of several flight routes close to military airfields,
b)			military control zone (MCTR) as controlled air spaces bounded at the bottom by the earth's surface and upwards by horizontal surfaces at certain heights,
c)			military aerodrome traffic zone (MATZ) as airspace defined for military aerodromes for the protection of aerodrome traffic, and
d)			military training areas (MTA Military Training Area) as airspace of the lower and upper control district for carrying out military training flights.
5.		Upper State Boundary (USB) : that height in which aircraft are no longer able to move due to the aerodynamic buoyance, but only because of the Kepler power.
6.		Towing flight : Flights where an aircraft (towing aircraft) drags other aircraft (gliders) or towed items (e.g., advertising banners or towing bags).
7.		SERA (Standard European Rules of the Air) : Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 establishing common air traffic rules and operating rules for air navigation services and procedures and amending the implementing Regulation (EC) No 923/2012 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 L 327, 30.12.2006, p. No. OJ L 281, 13.10.2012 p.1, as last amended by Regulation, in OJ L 327, 28.12.2012, p. No. OJ L 145 of 31.05.2013 p.38, including the Anhange and the annexes
8.		SERA.XXXX : Quoting a determination of SERA's attachment
9.		Day : the period not covered by the term of the night within the meaning of Art. 2 Z 97 of SERA.
10 .		Temporary Civil Airspace Reservation (TRA) : Air spaces of Class C or D of defined vertical and horizontal dimensions defined in an airfield, which are classified in the time of the respective activation, temporarily as the airspace of the Class G.
11.		Assent : a permit-like permit for flights to which the provisions for levies are not applicable.

(2) The definitions contained in SERA shall be deemed to be definitions within the meaning of this Regulation.

Section 2

General rules

Obligation to comply with the arrangements of air traffic control

§ 4. (1) Without prejudice to the SERA.2015 provision, the pilot shall comply with the orders of the air traffic control centres and in military reserved areas as a result of the orders of the military flight lines.

(2) The pilot has to comply with the general air traffic control arrangements (§ 120a LFG), which are known in the form of airliners.

On-board power

§ 5. All passengers in an aircraft shall comply with the instructions of the responsible pilot who shall, in the interests of the safety of the aircraft or in order to maintain order and safety on board the aircraft or to the aircraft, comply with the instructions of the pilot responsible. Compliance with aviation legislation. This obligation exists for the occupants after landing and also after leaving the aircraft as long as and in so far as this is necessary to maintain order and security or to secure search and rescue measures is required.

General admissibility of the undershooting of the mindeshares

§ 6. (1) The underwriting of the minimum heights specified in SERA shall be permitted as far as is necessary:

1.		in the case of ambulance and rescue flights
2.		Search and rescue flights of the search and rescue service
3.		Evacuation flights
4.		Training and training flights of Z 1, 2 and 3
5.		on aerodros:
a)			for the carrying out of landing flights without subsequent landing
b)			in the case of banners ' flights for the purpose of taking up and throwing down towed items
6.		in the scope of an external landing permit (§ 9 LFG) for the implementation of landing flights without subsequent landing and suspension flights.
7.		in the case of flights to the Hagelabwehr (§ 9)
8.		in case of parachute jumps.

(2) Length and paragliders may be used in SERA.5005 lit. If the nature of their operation makes this necessary and there is no danger to persons and property, the minimum level indicated for Z 1 shall be less than the minimum height specified. In the case of overflying of persons, buildings, public transport systems (railways, cable cars, ski lifts, etc.) and of overhead lines, a minimum distance of 50 m is to be observed.

(3) The one in SERA.5005 lit. f Z 2 required minimum altitude of 500 ft above ground may be undershot in the slope of the slope if neither aircraft or their occupants, nor persons or property on the earth are endangered.

Approval of the reduction of the minimum number of flights for flights

§ 7. The competent authority shall, at the request of the pilot or the aircraft holder for flights with civil aircraft, grant derogations from the provisions of SERA on minimum flight levels (SERA.3105). Exceptions may be granted only if this is necessary with regard to the purpose of the flights. In addition, on the basis of the skills and experience demonstrated by the pilot, it must be expected that the undershooting of the minimum flight levels will not endanger aircraft or their occupants, or any person or property on Earth, or Unnecessary noise is being harassed.

(2) The authorization shall be conditional, limited and subject to conditions, in so far as it is necessary in the interests of the safety of aviation or for the safeguarding of public interests. It shall be revoked immediately if any of the conditions which have led to its grant have not been or are no longer in existence or have been infringed.

(3) Bridges and similar structures as well as strained ropes and wires may only be subject to an authorization in accordance with Section 6 (1), except in the cases of § 6 (1) (1), (2), (3) and (4).

Travel altitude

§ 8. The provisions of SERA on voyage flights for flights to visual flight rules shall not apply to sailing flights and free-of-air flights.

Flights to the Hagelabwehr

§ 9. In principle, the provisions of SERA are to be applied for flights to the hail. If it is necessary for the appropriate implementation of such flights, they shall be subject to the provisions of the 5. Section of SERA's approach to visual flight (SERA.5001 and SERA.5005) excluded. In any event, the air traffic control authority concerned shall be notified of the conduct of such flights in the controlled, non-exempt airspace.

Tugs

§ 10. (1) The provisions of SERA shall apply to tow flights. They may only be lit according to the visual flight rules in accordance with SERA.2005. a.

(2) In the case of trawling with towed items (e.g. banners, trawls), the pilot has a clear one for him with a person who has experience with trawling or who has been appropriately taught by the pilot on the safety risks. to agree a perceptible sign by which that person may indicate to him that the subject of the tow must be discarded for safety reasons. This person must be in such proximity to the point of reception at the time when the towing subject is received, that the perception of any safety problems is ensured.

General admissibility of parachute jumps

§ 11. (1) Parachute jumps are only allowed under View Wet conditions according to SERA.5001.

(2) Before the beginning of a parachute flight, the parachutist has to familiarised himself in a careful manner with all available weather reports and weather forecasts for the intended skydiving of the parachute of It can be important.

(3) Before carrying out a parachute jump, the parachutist has in any case convinced itself that there will be no danger of collision during the jump. Its observation of the airspace shall, if necessary, be supplemented by observations of other persons (for example, the pilot or an observer on the ground), who shall communicate their observations to the parachutist in a previously agreed manner.

Parachute jumps

§ 12. (1) Parachute jumps by day are only permitted by visual flight rules.

(2) Parachute jumps on controlled airfields and in the vicinity thereof are permitted only with the consent of the airfield control point or at military airfields, except in the case of co-use according to § 62 para. 3 LFG, the military flight line. Parachute jumps, which are to be carried out in whole or in part in controlled air spaces, shall be permitted only if the relevant air traffic control centre has agreed. In the controlled airspace, the required agreement shall be obtained for each jump.

(3) Parachute jumps on uncontrolled airfields and in their vicinity are only permissible if the aerodrome manager has agreed in principle to the jump operation.

(4) The consent required in accordance with paragraph 2 may only be granted if there is no risk of exposure to controlled flights or aircraft in aerodrome traffic. It shall be conditional, limited and subject to conditions, in so far as it is necessary in the interests of the safety of aviation. It shall be revoked if one of the conditions of consent is not or has not been fulfilled or has been infringed.

(5) In case of parachute jumps in controlled airspace or in controlled airfields, and in the vicinity thereof, the aircraft used to issue the parachutists shall be equipped with the relevant air traffic control point or one of the aircraft in accordance with SERA.8035, the air traffic service responsible for the radio communication service in the radio communications service.

(6) Exceptions to the obligation to maintain the readiness to listen to radio communications (paragraph 1). 5) shall be subject to the agreement of the competent air traffic control authority, or Military air line allowed. Such consent may be granted only if there is no risk to the public interest of the safety of air transport. It shall be conditional, limited and subject to conditions, in so far as it is necessary in the interests of the safety of aviation. It shall be revoked if one of the conditions of consent is not or has not been fulfilled or has been infringed.

(7) Parachute jumps at night are only allowed

1.		in controlled airfields and in the vicinity thereof, with the consent of the relevant aerodrome or airport control centre; or
2.		outside these areas, with the consent of the district inspection body or the competent approach control point or the military flight line within military reserved areas.
The required consent is to be obtained for each jump.

(8) The consent required in accordance with paragraph 7 may only be granted if the aircraft used to issue the parachutists with the relevant air traffic control point or any of those responsible for the discontinuation of the parachutist The air traffic service is maintained in accordance with SERA.8035, and there is no danger to the public interest of aviation safety. The agreement shall be conditional, limited and subject to conditions, in so far as it is necessary in the interests of aviation safety. It shall be revoked if one of the conditions of consent is not or has not been fulfilled or has been infringed.

(9) General requirements for parachute jumps may be determined by the competent authority and shall be made available in a manner customary in the air transport sector.

Free ballooning

§ 13. (1) The provisions of § § 15 and 20 as well as the flight plan (SERA section 4), on controlled flights and flights by instrument flight rules (SERA.5015 to SERA.5025) do not apply to outdoor trips on the outdoor swimming pool.

(2) Outdoor swimming pools may only be carried out in accordance with line-of-sight rules and only if the pilot responsible is at least one hour before the intended rise of the relevant air traffic control centre: ,

1.		hallmark and predominant colour (s) of the outdoor swimming pool,
2.		Ascent sort,
3.		expected rise in time,
4.		expected flight direction, speed and maximum flight altitude,
5.		intended or probable border crossings (if possible with an indication of the relevant border section);
6.		estimated total flight time to the end of the journey,
7.		any available radiotelephone equipment (including the radio frequencies);
8.		Number of persons on board and
9.		Name of the responsible pilot.

(3) The pilot responsible shall ensure that the actual ascent time is immediately transferred to the nearest air traffic control centre to be considered if it is more than 15 minutes from the reported estimated Ascent time (para. 2 Z 3).

(4) The pilot responsible shall immediately report to the next air traffic inspection post that he is considering that he has completed the open-air navigation, or that a free-of-air navigation system notified in accordance with paragraph 2 shall not be carried out.

(5) A notification of the termination of the indoor swimming pool is not required if either in the driver's registration (paragraph 1). 2 Z 6) or by radio is indicated, that search and rescue measures were dispensed with, which would otherwise be initiated in case of overdue of the outdoor pool.

(6) Night journeys with outdoor swimming pools outside the aerodrome of controlled aerodromes shall be permitted only provided that the relevant air traffic control centre has agreed to the journey. Such consent may be granted only in so far as the safety of the aviation sector is ensured with regard to the traffic situation. In this respect, it must be granted on time, conditions, conditions and against revocation, as is necessary with regard to the safety of aviation.

(7) The provisions of para. 2 to 4 shall not apply to open-air traffic on a day-to-day basis via noti cations at air traffic control points; this shall only apply to open-air excursions within controlled airspace if a suitable Secondary radar transponder with height code is set on the mode and code applied for this purpose.

Flights with hangings and paragliders

§ 14. (1) No suspension or paraglider may be put into service if it could be detrimental to the safety of aviation. Prior to commissioning, the pilot shall observe the airspace; in any event, if another aircraft is approaching, the commissioning shall not be carried out.

(2) The operation of hangings and paragliders in the field of aerodrome traffic shall be permitted only if the airfield inspection body, in the case of uncontrolled airfields, has agreed to the aerodrome operating manager in the case of controlled airfields.

(3) The provisions of paragraph 2 shall apply to the operation of ladders and paragliders in the field of aerodrome traffic, except in the case of co-use pursuant to Section 62 (3) of the LFG, subject to the proviso that the latter shall only be subject to the consent of the shall be admissible in the case of a military flight.

(4) The commissioning of hangings and paragliders in practice grounds (§ 119 paragraph 3 Z 1 of the Civil Aviation-Staff Regulation 2006 (ZLPV 2006), BGBl. (205) of civil aviation schools for hangings and paragliders and to the practice areas of a civilian airfield available to these civil aviation schools is only with the agreement of the responsible managing director, his or her Deputy or a representative of a civilian flight instructor.

(5) Consent in accordance with para. 2 to 4 may only be granted if the public interest of the safety of aviation is not endangered by the operation of hangings and paragliders. They shall be conditional, limited and subject to conditions as is necessary in the interests of aviation safety. They shall be revoked if one of the conditions of consent is not or has not been fulfilled or has been infringed.

Art flights

§ 15. (1) Civil aircraft shall only be carried out in the aerobatic flight according to the flying rules in accordance with SERA.5005.

(2) Art flights are permitted only if all the passengers of the aircraft

1.		he expressly agrees to the execution of the art flight and
2.		have created a ready-to-use parachute.

(3) In controlled air spaces, artificial flights are only permitted if the relevant air traffic control centre has agreed. This consent shall be granted if the performance of the duties of the air traffic control service is not at risk or is ensured by the advance of the term, conditions and conditions. It shall be revoked if one of the conditions of consent is not or has not been fulfilled or has been infringed.

(4) Art flights are prohibited

1.		about densely populated areas,
2.		on fire-or explosion-prone industrial sites,
3.		about human gatherings in the open air and
4.		at a height of less than 1700 ft above ground.

(5) Exceptions to paragraph 4 (3). and 4. shall be authorised only where this is necessary in the light of the purpose of the flights. In addition, due to the skills and experience demonstrated by the pilot, it must be expected that the aerobatics will not endanger either aircraft or their occupants, or persons or property on Earth. The authorisations shall be issued for flights with civil aircraft at the request of the pilot, in the case of civil aviation events at the request of the organiser, by the relevant competent authority. The authorization shall be granted on a fixed-term basis and, in so far as it is necessary in the interests of aviation safety, subject to conditions and conditions. It shall be revoked immediately if any of the conditions which have led to its grant have not been or are no longer in existence or have been infringed.

Verbandsflights

§ 16. Service flights with civil aircraft in accordance with SERA.3135 shall be permitted only in accordance with the rules of sight flight according to SERA.5005.

Unmanned outdoor swimming pool

§ 17. (1) Unmanned weather balloons (§ 24i LFG) are unmanned outdoor pools in the sense of Art. 2 Z 138 SERA, which meet the criteria of a light balloon according to Appendix 2 Z 1.1 lit. a SERA, and are used exclusively for meteorological purposes. Unmanned weather balloons may only be operated with the approval of the competent authority.

(2) The operation of other unmanned outdoor pools shall be permitted only with the approval of the competent authority in accordance with Annex 2 SERA. In addition, for each flight of an unmanned outdoor swimming pool in controlled airspace, the agreement of the competent air traffic control centre-within militarily reserved areas of the military flight line-shall be obtained. The flight of an unmanned outdoor swimming pool is only permitted on uncontrolled airfields and in the vicinity of the airfield if the aerodrome manager has consented to it.

(3) Authorisations and consents in accordance with. Paragraphs 1 and 2 may only be granted if the operation does not endanger the public interest in the safety of aviation. They shall be conditional, limited and subject to conditions as is necessary in the interests of aviation safety. They shall be revoked if any of the conditions for approval or consent are not or are no longer given or have been infringed.

Operation of flight models, unmanned class 1 aircraft and civil aeronautical equipment which can be used independently in the flight

§ 18. (1) The operation of flight models (§ 24c LFG), unmanned aerial vehicles of class 1 (§ 24f LFG) and civil aviation equipment (such as dragons, shackles, rockets and the like) which can be used independently in the flight at altitudes of 150 m above ground level up or under certain circumstances, among which the national borders must be reckoned with, without prejudice to other provisions, only authorisation of the competent authority shall be permitted.

(2) The operation of a civil aeronautical device which is self-employed in the flight and of flight models over densely populated areas or of outdoor gatherings shall be without prejudice to other provisions only with the authorisation of the competent authority. allowed.

(3) The operation of a civil aeronautical device which can be used independently in the flight and of flight models via industrial sites at risk of fire or explosion is prohibited.

(4) The operation of flight models, unmanned class 1 aircraft and civil aircraft independently used in the flight (unless prohibited in accordance with Section 128 of the LFG) shall be without prejudice to other provisions within safety zones

1.		in the case of controlled airfields, only with the authorisation of the competent authority and
2.		in uncontrolled airfields only with the consent of the airfield manager
allowed. In the case of an aerodrome without a safety zone, the operation of flight models, unmanned aerial vehicles of category 1 and of a civil aeronautical device which can be used independently in the flight shall be within a radius of 2500 m around the aerodrome reference point only with reference to: Approval of the airfield manager shall be permitted.

(5) The operation of flight models within control zones shall be prohibited. This does not apply to the operation of flight models within model airfields which have already existed at the time of the establishment of a control zone. The operation of Class 1 unmanned aircraft within control zones shall be permitted only with the approval of the relevant air traffic control authority.

(6) The authorisations and consents referred to in paragraphs 1, 2, 4 and 5 may only be granted if the operation does not endanger the public interest of the safety of the aeronautics, nor any person or property on the ground. They shall be conditional, limited and subject to conditions as is necessary in the interests of aviation safety. They shall be revoked if any of the conditions for approval or consent are not or are no longer given or have been infringed.

(7) The provisions of paragraphs 1, 2 and 4 shall apply to the operation of flight models, unmanned class 1 aircraft and civil aircraft independently used in the flight within military proximity control districts, military Control zones and military aerodrome traffic zones, provided that it is permitted only with the consent of the locally competent military air line.

Civil airspace restrictionareas

§ 19. According to SERA.3145, air-blocking areas and flight-restricted areas are included in the Annex B prudential (spatial and temporal) limits and the conditions of the respective flight restrictions.

Flights in accordance with instrument flight conditions adopted

§ 20. Flights in accordance with approved instrument flight conditions shall be permitted only if the safety pilot according to SERA.3220 is a pilot with a corresponding licence and authorization for the aircraft concerned.

Section 3

Flight Schedule

Additional determination of the flight plan levy according to SERA.4001

§ 21. Exceptions to the flight plan obligation according to SERA.4001 lit. b Z 5 for cross-border flights of civil aircraft shall be made available in the air-travel-usual manner.

Form of flight plan levy

§ 22. (1) The flight plan shall be submitted either personally, by telephone, by telefax or by fax or by electronic means. In the interests of the rapid handling of air traffic, the air traffic reporting unit may order the personal flight plan levy. If the ground radio station of the departure airport has agreed in the interest of a rapid handling of air traffic, the flight plan can also be delivered by means of a radio-radio telephone connection.

(2) In the case of ambulance, rescue, search and evacuation flights, the flight plan shall be issued by means of a radio communications radio link as soon as an area in which it can be established is flown through by means of a radio communications radio link.

Section 4

Exceptions-Minimum visibility conditions (flight view)

Exceptions-Minimum visibility conditions in air space G

§ 23. Sight flights within airspace of category G in and at an altitude of 900 m (3 000 ft) above the mean sea level or 300 m (1000 ft) above ground (the greater height shall be decisive) shall be in accordance with SERA.5001 lit. a and b also with a flight vision of less than 5 km, but

1.		may not be less than 1500 m of flight vision if the speed of these flights is 140 kt IAS or less, so that other traffic and obstacles can be identified sufficiently in time to avoid collisions or
2.		may not be less than 800 m of flight visibility if the flight is carried out by a helicopter at a speed which allows the pilot to perceives other aircraft or obstacles in a timely manner that he or she is responsible for preventing the flight from being carried out. It is possible to take the necessary measures in good time.

Flights by day of sight fishing

§ 24. (1) Flights for night vision rules shall be permitted in accordance with SERA.5005 lit c.

(2) The minimum flight altitude for flights by visual flight rules at night outside controlled airspace shall be 600m (2000ft) above the highest obstacle within a radius of 8 km from the assumed location of the aircraft. In controlled air spaces, the flight heights come to SERA.5005 lit. c Z 5 to be worn. These must not be undershot except at the start and landing.

(3) Night vision flights with helicopters to carry out ambulance or rescue flights, or directly related flights (such as, in particular, return flights from the place of use) shall be subject to the agreement of the competent authorities. Air traffic control point also allowed under weather conditions, which are among those in SERA.5005 lit c Z 3. , in so far as these flights are carried out at a speed which allows the pilot to perceive obstacles and other aircraft in sufficient time for the pilot to take the necessary steps to prevent collisions Measures can be taken in good time.

Section 5

Aerial classification

Airspace classification

§ 25. According to the classification according to the 6. Section of the annex of SERA shall air spaces in the Annex A . That part of the airspace in Austria, which does not have any other airspace class in the Annex A , is classified with the airspace class G.

6.

Air-to-air, air-to-air, radio-voice communication

Departure and departure procedures

§ 26. (1) In the case of flying, flying over or departing from aerodroms, the procedures applied by the competent authority with regard to aviation safety and to the reduction of noise nuisances shall be complied with.

(2) Without prejudice to paragraph 1, the competent authority may, on certain aerodroms, take special approach and departure procedures on aeronautical safety and in order to avoid noise nuisances, which require special requirements for: place the pilot or the equipment or the performance of the aircraft. The execution of flights in accordance with these special procedures shall be authorised only with the authorisation of the competent authority.

(3) The authorisations referred to in paragraph 2 may only be granted if the operation does not endanger the public interest of the safety of aviation. They shall be conditional, limited and subject to conditions, in so far as it is necessary in the interests of aviation safety and in order to avoid noise nuisances. They shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed against conditions.

Radiocommunications radio link

§ 27. (1) The obligation to manufacture and maintain a radio communications radio link within the meaning of SERA shall consist of the air traffic service or the military air line under consideration.

(2) Excludes from the obligation laid down in paragraph 1 above, controlled flights in the aerodrome of a controlled airfield-excluding instrument flights and flights for commercial passenger transport-if there is no possibility of speech radio, and is otherwise indicated by the competent aerodrome control authority. In the case of such flights, the pilot shall comply with the instructions given by optical signals and signs (in accordance with Annex 1, section 3 to 5 SERA).

Failure of the radio communications radio link

§ 28. (1) Where an outage or malfunction of the radio communications radio link preclude compliance with the provisions of SERA, the pilot shall comply with the applicable procedures of the following paragraphs, provided that the air traffic service office no other method has been applied.

(2) If the radiotelephone connection is due to the flight and the weather conditions are given, the pilot of a controlled flight shall be given a

1.		(a) to place the transponder on code 7600;
b)			continue the flight in sight-flight weather conditions,
c)			to land at the nearest suitable airfield, and
d)			in the quickest way to report its landing to the relevant air traffic service; or
2.		if it appears appropriate to conclude the flight by instrument flight rules in accordance with paragraph 3 below.

(3) If the radio telephone connection is due to a flight and if the pilot of a flight has been given an instrument flight weather conditions or if it considers it inappropriate for the flight to be completed in accordance with the conditions laid down in paragraph 2 (1) of the instrument flight rules, then the Pilot in airspace where air traffic control is carried out with radar shall be carried out in accordance with the following provisions:

1.		The transponder is to be placed on code 7600.
2.		The last assigned flight altitude and speed, or, if the minimum flight altitude is higher than the last released flight altitude, then this is to be maintained for seven minutes. Start the seven minutes
a)				at the time of reaching the last released flight altitude or minimum flight altitude,
b)				at the time when the transponder was placed on code 7600, or
c)				at the time of the submission of a notification of a mandatory reporting point,
			which is always the later time.
3.		The flight altitude and speed shall be maintained according to the flight plan submitted to the air traffic services.
4.		If the flight is carried out or is located on a laterally offset parallel course utilizing RNAV without a specified release limit, the flight must be carried to the flight route according to the current flight plan at the latest at the next waypoint. At the same time, the minimum flight altitude must be observed. In relation to the route to be covered or the start of the flight for the purpose of landing at an airport, the current flight plan shall be used.
5.		The flight shall continue, in accordance with the flight plan in force, to the radio navigation aid provided for use, which shall be used as an aid for the destination of the destination, and shall be made available via this radio navigation assistance before the date referred to in Z 6; Until this time, there will be a queue to fly in the waiting round of the designated radio navigation aid.
6.		The sinking flight from the radio navigation aid referred to in Z 5 shall begin as precisely as possible with respect to the time of arrival which was last received and confirmed by the pilot.
7.		If a time of arrival has not been received or confirmed, the descent shall begin at the time of the estimated time of arrival, or as close as possible to the estimated time of arrival. The estimated time of arrival shall be taken from the current flight plan.
8.		The instrument approach procedure laid down for the radio navigation aid in question shall be carried out.
9.		If possible, it is possible to land within 30 minutes of the estimated time of arrival, according to the flight schedule, or the last-received and confirmed time of arrival, which of these times is also the later.
10.		If a landing is not possible, fly to a backup airfield, at most to the one indicated in the flight plan.

(4) The relevant air traffic control authority shall be based on the assumption that the air traffic control service for the rest of the air traffic in the airspace concerned is responsible for the assumption that the pilot of the aircraft, of which the air traffic control unit is Radio-radio telephone connection has failed, is acting in accordance with the provisions of para. 2 or 3, if not

1.		it is determined by radar or in some other way that the pilot deviates from those provisions, or
2.		the secure message is that the aircraft has landed.

Section 7

Equipment requirements

Notsender

§ 29. (1) Flights with civil aircraft may, in principle, only be carried out up to a maximum permissible take-off mass of 20 000 kg, unless otherwise specified in paragraph 2, where aviation is subject to applicable relevant standards authorized emergency transmitters (crash transmitters) are also provided with the ready-to-use service.

(2) No emergency broadcaster is required for

1.		Flights with aircraft over 5 700 kg of maximum permissible take-off mass, provided that the territory of the Federal Republic of Austria is flown without landings,
2.		Flights with aircraft in the field of aerodrome traffic and within such areas, which are optically monitored by observers on the ground (such as artificial flues),
3.		Flights with aircraft in case of emergency failure, if the circumstances may not be obtained immediately, and the safety precautions required with regard to the search and rescue service shall be taken,
4.		Free balloon flights, if there is a radio link to a tracking vehicle, and
5.		Flights with hangings and paragliders and parachute jumps.

(3) In addition to the cases referred to in paragraph 2, further exemptions may be made for the conduct of air transport events on the occasion of the approval of the aeronautical events, in agreement with the competent authority, taking into account the Safety requirements of aviation are approved.

Transponder

§ 30. (1) The operation of power-driven civil aircraft heavier than air with rigid wings, helicopters and gyrocopters shall be included in the in Annex A in principle, only with a transponder mode S which is ready for operation and which has a pressure level transmission. In the case of flights with these aircraft, unless otherwise indicated by an air traffic service station, the code 7000 shall be set at these transponders, including automatic pressure altitude transmission.

(2) By way of derogation from paragraph 1, transponders already installed in civil aircraft which cannot be operated in Mode S may continue to be used until 31 December 2017 at the time of entry into force of this Regulation. In the case of exchange of these transponders, paragraph 1 shall apply.

8. Section

Airspace reservation

Temporary civil airspace reservation

§ 31. As a temporary civil airspace reservation, the airspace of Class C or D of defined vertical and horizontal dimensions, which are classified in the time of the respective activation, are temporarily classified as the airspace of the Class G. The vertical and horizontal extension as well as the conditions of use shall be ordered by the Austro Control GmbH in accordance with § 120a LFG and shall be made available in an airway-usual manner.

Section 9

Practicing and testing flights

Practice flights

§ 32. (1) Practice flights are flights in which civil aircraft are operated without an authorized civilian flight instructor on the double tax of persons in flight who do not hold the valid civil aviation licence provided for this activity after the ZLPV 2006 or permissions.

(2) Training flights may only be carried out within the following airspace limits for civilian airfields:

1.		to the bottom: Earth's surface
2.		to top: Flight Area 195
3.		Lateral: vertical cylinder mantle surfaces with radii of 8 km-related to the particular airfield reference point.
Practice flights shall be permitted only during the period of operation of the respective civilian airfield and may only be carried out with those types of civil aircraft for which the civil airfield in question has been approved.

(3) Practice flights shall be permitted within controlled airspace only if the relevant air traffic control centre has agreed. This consent shall be granted if the performance of the duties of the air traffic control service is not at risk or is ensured by the advance of the term, conditions and conditions. It shall be revoked if one of the conditions of consent is not or has not been fulfilled or has been infringed.

(4) In the case of exercise flights, densely populated areas or gatherings of human beings may only be overflown in so far as this is strictly necessary for the purpose of departure or landing for reasons of flight operational reasons.

(5) If several training flights are carried out simultaneously in a practice area in accordance with paragraph 2, it is necessary to ensure the safe execution of all flights by agreement of all the pilots involved and the supervising flight instructor.

(6) passengers are not allowed to take part in practice flights.

Probation flights

§ 33. Testing flights are authorised on the basis of aviation regulations or permissible flights in which civil aircraft are used to determine their operating behaviour or the operating behaviour of a built-in aeronautical appliance in the case of different types of aircraft. Flight conditions in the flight are used without already fulfilling all applicable airworthiness requirements.

Implementation of test flights

§ 34. (1) Protesting flights within controlled airspace shall only be permitted without prejudice to other provisions if the relevant air traffic control centre has agreed. This consent shall be granted if the performance of the duties of the air traffic control service is not at risk or is ensured by the advance of the term, conditions and conditions.

(2) In the case of trial flights, densely populated areas or gatherings of human beings may only be overflown in so far as this is strictly necessary for the purpose of departure or landing for reasons of flight operational reasons.

News about trial flights

§ 35. (1) In so far as no flight plan has been submitted for a test flight, the pilot shall immediately report the shortest route to the bodies referred to in paragraph 3:

1.		before the start of each test flight
a)			the intended flight altitude and, where appropriate, the sub-area in which it intends to carry out the trial flight; and
b)			any further information requested by the body receiving the notification in the interest of aviation security;
2.		the termination of any test flight.

(2) If a pilot carries out a number of test flights on the same day, the bodies eligible under paragraph 3 may allow the notification required in accordance with paragraph 1 only before the start of the first and after the end of the last test flight. this day, unless the safety of aviation appears at risk.

(3) The notifications referred to in paragraphs 1 and 2 shall be reimbursed:

1.			to the reporting point for air traffic services at the departure airport or, where no such point of service is in service at the aerodrome, to those responsible for the flight operations at the airport; and
2.			in the case of trial flights within controlled airspace, and where appropriate, to the relevant air traffic control centre.

Special flights subject to authorisation

§ 36. (1) flights in which the pilots or aircraft must fulfil special conditions, such as reduced vertical separation minimum (RVSM) or all-weather operations (All Weather Operation-AWO), may only be carried out if an authorisation has been granted by the competent authority, unless they are to be approved in accordance with another legislation.

(2) The application of Minimum Equipment Lists (MELs) or Configuration Deviation Lists (CDLs) is only permitted if such documents are approved by the competent authority. has been granted.

(3) In the case of the granting of authorisations in accordance with paragraphs 1 and 2, the provisions applicable to commercial aviation shall in principle be applied. Simplified operating procedures may be established for non-commercial flights.

(4) The competent authority of the Federal Ministers of National Defence and Sport shall be responsible for granting authorisations pursuant to paragraphs 1 to 3 for flights with military aircraft carrying the licence plate of an Austrian military aircraft.

Section 10

Exceptions pursuant to Art. 4 SERA

Exceptions pursuant to Art. 4 SERA

§ 37. In the case of flights in accordance with Section 3 (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1)), the air traffic control centre (s) b Z 4. if there is no danger to the road users.

Exception request

§ 38. In accordance with Article 4 of Regulation (EU) No 923/2012, the competent authority may grant exemptions from the visa rules at the request of the bodies referred to in Article 4. Exceptions may be granted only if this is necessary with regard to the purpose of the flights. In addition, due to the skills and experience demonstrated by the pilot, it must be expected that the safety of aviation is ensured even if the minimum flight visibility levels are underwritten. The authorisation shall be conditional, limited or subject to conditions, in so far as it is necessary in the interests of the safety of aviation. The authorization shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed.

11.

Special provisions for military operational air traffic

Scope

§ 39. The special procedures laid down in this section for military operational air traffic (MOAT, § 145a LFG) apply to Austrian military aircraft (§ 11 para. 2 LFG). Foreign military aircraft, for whose on-, off-or landless overflight is authorised pursuant to Section 8 (4) of the LFG, may, unless otherwise determined in this authorisation, approve the application of these procedures. The implementation of special procedures by foreign military aircraft other than those set out in this Regulation shall be inadmissible.

Special procedures

§ 40. (1) In the case of flights operated under military operational air traffic, the procedures laid down in SERA and this Regulation shall be allowed to deviate to the extent that this requires the carrying out of the military task. Distances to civil aircraft may only be used for military airspace surveillance according to Article 26 of the Military Authorisation Act (MBG), BGBl. I n ° 86/2000, as amended by the Federal Law Gazette (BGBl). I No 85/2009, or with the agreement of the pilot responsible for the civil aircraft.

(2) The procedures to be applied shall be determined in accordance with Section 145a (4) of the LFG.

Presentation of low-air routes and low-air areas

§ 41. Open-air routes and low-air areas can be made public by the Federal Minister for National Defence and Sport in an airfield-like manner.

12.

Militarily reserved areas and military airspace restrictions

Definition of militarily reserved areas

§ 42. (1) Military reserved areas shall be defined during their respective military use, each with the limits specified in Annex C;

1.		the military near-control districts of Tulln 1 to 3 (MTMA Tulln 1 to 3) and Zeltweg 1 to 5 (MTMA Zeltweg 1 to 5),
2.		The military control zones Tulln (MCTR Tulln) and Zeltweg (MCTR Zeltweg),
3.		The military airfield traffic zones Aigen (MATZ Aigen) and Wiener Neustadt 1 (MATZ Wiener Neustadt 1),
4.		the military airspace traffic zone Wiener Neustadt 2 (MATZ Wiener Neustadt 2) as well as
5.		the military training areas (MTA).

(2) The temporal military use of the areas referred to in paragraph 1 (1) (1) to (3) corresponds to the operating times of the competent military flight line. Normal operating times are to be made known in advance as quickly as possible in an air-travel-conventional manner.

(3) The transfer to the temporally military use and return of the areas referred to in paragraph 1 Z 4 and 5 shall be coordinated between the air traffic control points and military flight lines. The more detailed provisions are to be laid down in an agreement between the Federal Minister for National Defense and Sport and the Federal Minister for Transport, Innovation and Technology in accordance with Section 121 (3) of the LFG.

Type of airspace reservation

§ 43. (1) In military reserved areas, for reasons of safety of aviation, tasks of air traffic control within the meaning of § 119 LFG shall be carried out by the locally responsible military flight operations as an air traffic service. The Military Control Center (MCC), which is responsible for the military training areas, shall be the Military Control Center (MCC), unless otherwise specified in Annex C.

(2) In military reserved areas, the entry, departure and transit of civil aircraft shall be permitted, taking into account SERA, only after clearance by the competent military flight, provided that the classification of airspace does not include: Release obligation exists.

(3) For flights by visual flight rules, the information must be obtained immediately prior to a flight to an area in accordance with § 42 Z 1 to 4 outside the normal operating hours of the locally competent military flight, whether the local competent authority is responsible for the Military air line in service.

(4) Special procedures for the use of militarily reserved areas are contained in an agreement between the Federal Minister for National Defence and Sport and the Federal Minister of Transport, Innovation and Technology pursuant to § 121 (3) LFG .

Classification of militarily reserved areas

§ 44. (1) The military reserved areas according to § 42 (1) Z 1 to 4 are assigned to the airspace class D according to SERA.6001. The airspace classification of the military training areas in accordance with Section 42 (1) Z 5 shall remain unchanged, unless otherwise specified in the following, even during a period of military use.

(2) Within militarily reserved areas, defined parts may be assigned the airspace class G for a time-limited use. The activation and deactivation of these areas is carried out by the responsible military flight line. Such areas and their terms of use shall be made available in an airfield manner.

Military flight restrictions and danger zones

§ 45. (1) According to Article 4 (1) (2) of the LFG, military flight-restricted areas are to be used with the Annex D clear spatial and temporal boundaries.

(2) With regard to the Annex D It is pointed out that the entry, departure and transit operations are linked to the possible hazards listed there.

Military exercise and trial flights

§ 46. (1) Military training and testing flights serve military flight training and testing of military aircraft as well as aeronautical equipment in the context of the performance of tasks according to § 2 of the Military Act 2001 (WG 2001), BGBl I No. 146, in the version of the Federal Law BGBl. I No 85/2009.

(2) Military practice flights may only be carried out within military reserved areas in accordance with § 42 (1) during their time military use.

(3) Military test flights within controlled airspace outside military reserved areas shall be permitted only if the relevant air traffic control body has agreed. Such consent shall be given in the light of the flight purpose, if the safety of controlled flights and aircraft in the field of aerodrome is not endangered. The provisions of Section 36 shall apply mutatily.

(4) In the case of military exercise and trial flights, densely populated areas or human gatherings in the open may only be flown over to the extent that this is strictly necessary for the purpose of departure or landing for operational reasons is.

Section 13

Final provisions

Air Traffic Service, Military Flight Line

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

(2) Within militarily reserved areas according to § 42, the tasks of air traffic control shall be exercised by the locally competent military air line. More detailed conditions are to be laid down in an agreement between the Federal Minister for National Defence and the Federal Minister for Transport, Innovation and Technology in accordance with § 121 (3) of the LFG.

Responsibility

§ 48. The competent authority within the meaning of this Regulation shall be Austro Control GmbH.

Transitional provisions

§ 49. All the modesty, according to the 2010 Aviation Rules, BGBl. II No 80/2010, retain their validity within the limits of their respective freezing conditions.

References to directives and references to the notification

§ 50. This Regulation has been adopted in accordance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations, OJ L 206, 22.7.1998. No. 37, as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. OJ L 217 of 5 August 1998 p. 18, of the Commission of the European Union (Notifier No 2014 /369/A).

entry into force

§ 51. (1) This Regulation shall enter into force on 11 December 2014.

(2) The Regulation of the Federal Minister of Transport, Innovation and Technology as well as of the Federal Minister for National Defence and Sport on the regulation of air transport 2010 (air traffic rules 2010-LVR 2010), BGBl. II No 80/2010 will expire at the end of 10 December 2014.

Stöger Klug