176. Regulation of the Federal Minister of Transport, Innovation and Technology, amending the Regulation on air traffic regulation 2010 (air traffic rules 2010-LVR 2010)

On the basis of § 124 (2) of the Aviation Act, BGBl. No. 253/1957, in the version of the Federal Law BGBl. I n ° 108/2013, is assigned in agreement with the Federal Minister for National Defence and Sport:

The regulation on air traffic regulation 2010 (air traffic rules 2010-LVR 2010), BGBl. II No 80/2010, as last amended by the BGBl Regulation. II No 106/2013, shall be amended as follows:

1. In the table of contents, the word order " § 3. Operation of aircraft and aeronautical equipment " through the phrase " § 3. Operation of aircraft, flight models, unmanned aerial vehicles and aeronautical equipment which can be used independently in the flight " replaced.

2. § 1 reads:

" § 1. (1) The provisions of this Regulation shall be found, in so far as the provisions of Section 145 of the Aviation Act-LFG, BGBl. No 253/1957, as amended in each case, shall apply to:

1.		all aircraft within the territory of the Austrian territory;
2.		Aircraft of Austrian nationality (§ 15 LFG) outside the territory of the Austrian territory, in so far as no different provisions are applicable,
3.		Flight models (§ 24c LFG), unmanned aerial vehicles of class 1 (§ 24f LFG), unmanned weather balloons (§ 24i LFG) and aeronautical equipment (§ 22 LFG) which can be used independently in the flight, insofar as this is laid down in the individual provisions, and
4.		Flights of civil aircraft authorized by the competent military air duct shall be authorized by military areas reserved for military operations.

(2) The provisions of this Regulation shall apply to unmanned aerial vehicles of Class 2 (§ 24g LFG), subject to the provisions applicable to civil aircraft, provided that no special provisions for unmanned vehicles are provided in the individual provisions. Aircraft of class 2 are fixed. "

3. The heading to § 3 reads:

"Operation of aircraft, flight models, unmanned aerial vehicles and aeronautical equipment used independently in the flight"

4. § 3 (3) reads:

" (3) Aircraft, flight models, unmanned aerial vehicles and aeronautical equipment used independently in the flight shall only be used in flight unless there is any doubt as to their airworthiness or airworthiness or airworthiness or airworthiness. Operation for the respective use. Aircraft, flight models, unmanned aerial vehicles and aeronautical equipment on their own, may only be operated in such a way as to ensure that neither air transport users nor persons or property on the ground are at risk. No major handicap or nuisance, in particular any major noise, may be caused by its operation than the proper operation inevitably entails. "

5. § 3 (5) and (6) reads:

" (5) The operation of flight models, unmanned class 1 aircraft and civil aircraft (such as dragons, shackles, missiles and the like) which are self-contained in the flight at a height of 150 m above ground or under certain circumstances, Without prejudice to other provisions, only the authorization of Austro Control GmbH shall be permitted without prejudice to any other provisions. Without prejudice to other provisions, the operation of civil aircraft, which can be used independently in the flight, over densely populated areas, in industrial sites at risk of fire or explosion, or on outdoor gatherings, is without prejudice to other provisions. Authorization of the Austro Control GmbH permissible. The operation of flight models weighing up to and including 25 kg over densely populated areas, fire-or explosion-prone industrial sites, or outdoor gatherings in the open air is prohibited.

(6) 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 approval of Austro Control GmbH 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. "

6. In § 3, the following paragraph 6a is inserted after paragraph 6:

" (6a) Unmanned weather balloons (§ 24i LFG) are not unmanned open-air zones serving the national defence, as defined in Article 2 (138) of the Implementing Regulation (EU) No 923/2012, which determine the criteria for a light balloon according to Appendix 2 number 1.1 (a) of the Implementing Regulation (EU) No 923/2012, and are used exclusively for meteorological purposes. Unmanned weather balloons may only be operated with the approval of Austro Control GmbH. "

7. § 3 (7) reads:

(7) The authorisations and consents referred to in paragraphs 5 to 6a 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 as is necessary in the interests of aviation safety. They shall be revoked if any of the conditions for approval or approval are not or are no longer given or have been infringed. "

8. In Section 3 (8), the phrase "unmanned aerial vehicles" through the phrase "Flight models, unmanned aerial vehicles of class 1" and the phrase "usable civil aeronautical equipment" through the phrase "usable civil aeronautical equipment" replaced.

9. The following paragraph 5 is added to § 81:

" (5) The table of contents, § 1, the title to § 3, § 3 (3) and (5) to (8) and Annex E, point 1 (1), as amended by the BGBl Regulation. II No 176/2014 shall enter into force with the day following the event. "

(10) In Annex E, point 1 (1) shall be applied after the word "Flight restriction zones" the phrase "within the meaning of § 4 (1) Z 2 LFG" inserted.

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