176. Regulation of the Federal Minister for transport, innovation and technology, which the regulation on the control of air traffic 2010 (rules of the air 2010 - LVR 2010) is changed
On the basis of section 124 para 2 of the Aviation Act, Federal Law Gazette No. 253/1957, in the version of Federal Law Gazette I no. is 108/2013, in agreement with the Federal Minister of national defence and sports prescribed:
The regulation on the control of air traffic 2010 (rules of the air 2010 - LVR 2010), Federal Law Gazette II No. 80/2010, last modified by regulation BGBl. II No. 106/2013, is amended as follows:
1. in the table of contents, the phrase is "§ 3. operations of aircraft and aviation equipment" by the phrase "§ 3. operation of aircraft, model aircraft, unmanned aerial vehicles and suitable independently in-flight aircraft" replaced.
2. paragraph 1:
"The provisions of this Regulation apply to, as far as in the section 145 of the Aviation Act - LFG, BGBl. No. 253/1957 in amended otherwise determined, § 1 (1)
1. all aircraft within the Austrian territory, 2. aircraft of Austrian nationality (§ 15 LFG) outside the Austrian territory, 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 weather balloons (§ 24i LFG) and suitable independently in-flight aircraft (section 22 LFG), as far as this is laid down in the provisions, and 4 by the competent military flight line approved- , Training and flying of civil aircraft by military reserved areas.
"(2) the provisions of this Regulation apply to 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."
3. the heading to § 3 is as follows:
"Operation suitable aircraft by aircraft, model aircraft, unmanned aerial vehicles and independently on the fly"
4. paragraph 3 para 3:
"(3) aircraft, model aircraft, unmanned aerial vehicles and aviation equipment suitable independently in flight may only be used on the fly, there are so far no doubt of their airworthiness and operating efficiency for each use. Aircraft, model aircraft, unmanned aerial vehicles and aviation equipment suitable independently in flight may be operated only in such a way that participants in air traffic or people or things on the Earth are endangered. Their operation no greater disability or harassment, in particular no greater noise, may cause, as the respective correct operation inevitably entails."
5. paragraph 3 para 5 and 6:
"(5) the handling and operation of model aircraft, unmanned aerial vehicles up or under circumstances, will be among those with a skim of the Federal limits is 1 and of civil aviation equipment usable by itself in the flights (like Dragon, captive balloons, rockets and the like) in height of 150 m above ground without prejudice to other provisions only with the approval of the Austro Control GmbH allowed class. The operation of usable independently in flight civil aircraft over densely populated areas, fire or hazardous industrial sites or crowds in the open air is allowed without prejudice to other provisions only with the approval of the Austro Control GmbH. The operation of model aircraft weighing 25 kg over densely populated areas, fire or hazardous industrial sites or crowds in the open air is prohibited.
(6) 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 the approval of the Austro Control GmbH and 2nd at uncontrolled aerodromes only with the consent of the aerodrome Manager allowed. At an airfield without safety 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 suitable independently in flight civil aircraft within a radius of 2500 m."
6. in section 3, according to the par. 6 of the following paragraph 6a is inserted:
"(6A) unmanned weather balloons (§ 24i LFG) are serving national defense not unmanned free balloons in the sense of article 2 number 138 of the implementing Regulation (EU) No. 923/2012, that of implementing Regulation (EU) No. 923/2012 meet the criteria of a light balloon in annex 2 point 1.1 and used exclusively for meteorological purposes." Unmanned weather balloons may be operated only with the approval of the Austro Control GmbH."
7 paragraph 3 section 7:
(7) authorizations and consents referred to in paragraph 5 and 6a may be granted only 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. You be cancelled, if one is not or no longer given authorisation or consent requirements or is been violated regulations."
8. in article 3, paragraph 8, the phrase "unmanned aerial vehicles" by the phrase is "model aircraft, unmanned aerial vehicles of class 1" and the phrase "suitable civil aircraft" replaced the phrase "suitable civil aircraft".
9 the following paragraph 5 is added to § the 81:
"(5) the table of contents, § 1, the heading to § 3, para 5 to 8, section 3 para 3 and Annex E point 1 para 1 as amended the regulation Federal Law Gazette II No. 176/2014 enter into force with the day following the announcement."
10. in Appendix E is in point 1 paragraph 1 the word "Restricted areas" the phrase "in the sense of § 4 para 1 Z 2 LFG" inserted.