Amendment To The Aviation Law

Original Language Title: Änderung des Luftfahrtgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_108/BGBLA_2013_I_108.html

108. Federal Act amends the Aeronautics Act

The National Council has decided:

The Aviation Act, Federal Law Gazette No. 253/1957, as last amended by Federal Law Gazette I no. 96/2013, is amended as follows:

1. after the title and the promulgation clause, the following table of contents is inserted:

"Table of contents



Clause





Subject







1 part

General terms and conditions







§ 1.





Civil aviation and military aviation







§ 2.





Freedom of the sky







§ 3.





Controlled airspace







§ 4.





Airspace restrictions







§ 5.





Responsibility for defining airspace restrictions







§ 6.





Announcement of airspace restrictions







§ 7.





Exercise and testing areas







§ 8.





Crossing the border







§ 9.





Off-field landings and departures outside







§ 10.





Not subject to permit off-field landings and departures outside







Article 10a.





Jumping with parachutes and departures with slopes - or para gliders







2 part

Aircraft, aircraft, model aircraft and unmanned aerial vehicles







1 section

Air vehicles







§ 11.





Definition







§ 12.





Prerequisites for using on the fly







§ 13.





Holder of an aircraft







§ 14.





accounts for







§ 15.





Nationality







§ 16.





Aircraft register







§ 17.





Airworthiness







§ 18.





Conditions for the use of foreign aircraft in flight







§ 19.





Noting the lack of conditions for use in the flights and cancellation of awards







§ 20.





Interim approval for civil aircraft







§ 21.





Construction, validation, and equipment of aircraft







2. section

Aviation equipment







section 22.





Definition







section 23.





Civil aviation equipment







§ 24.





Military aviation equipment







3. section

International provisions







§ 24a.





Union legal provisions







section 24 b.





Delegation of tasks in accordance with article 83bis of the Convention on international civil aviation







4 section

Model aircraft and unmanned aerial vehicles







§ 24c.





Flight models







section 24 d.





Unmanned devices up to 79 joules maximum kinetic energy







section 24e.





Model flying club







section 24f.





Unmanned aerial vehicles of class 1







section 24 g.





Unmanned aerial vehicles of class 2







§ 24 h.





Airworthiness and operational airworthiness instructions







§ 24i.





Unmanned weather balloons







§ 24j.





Union legal provisions







§ 24 k.





Cross-border operating unmanned air vehicles of category 1 and 2







§ 24 l.





Data protection







3 part

Aviation personnel







1 section

Civil aviation personnel







§ 25.





Definition







section 26.





Civil identity card







§ 27.





Civil aviators







section 28.





Other civil aviation personnel







section 29.





Types and duration of validity of civil air driver licences







section 30.





Conditions for the grant of a Zivilluftfahrerseines







§ 31.





Minimum age







§ 32.





Reliability







§ 33.





Suitability for use







§ 34.





Medical offices







section 35.





Denied a suitability for use certificate, issued by the authority







section 36.





Professional competence, civil air driver testing







section 37.





Conduct of the examination







section 38.





Appointment of the members of civil air driver examination boards







§ 39.





Exam fees and Auditor compensation







section 40.





Recognition of foreign licences







section 41.





Foreign civil air driver licences, permissions, and suitability for use certificates in accordance with regulations of the joint aviation authorities (JAA)







§ 42.





Flight book







§ 43.





Withdrawal and prohibition







2. section

Training of civil aviation personnel







§ 44.





Training of civil aviation personnel







§ 45.





accounts for







§ 46.





Approval procedures







§ 47.





Prohibition of the training company







section 48.





Revocation of permit







paragraph 49.





Civilian flight instructor







§ 50.





Prerequisite for the grant of the civilian flight instructor permission







§ 51.





accounts for







§ 52.





Practice and test flights







3. section

Military aviation personnel







section 53.





Definition







§ 54.





Military Airmen







Article 55.





Other military personnel







Article 56.





Military aviation identity card







§ 57.





Types, validity period, exhibition and withdrawal of military aviation identity cards







4 section

Common provisions







§ 57a.





Union legal provisions







§ 57 b.





Civil aviation personnel advice and civil aviation staff instructions







4 part

Airfields







1 section

Common provisions







section 58.





Airfields







section 59.





Ground facilities







section 60.





Civil airfield and military airfields







section 61.





Use of civil aerodromes for purposes of military aviation







§ 62.





Use of military courts for purposes of civil aviation







2. section

Civil airfield







section 63.





Public and private airport







section 64.





Airports







section 65.





Flying fields







§ 66.





Civil aerodrome regulation







section 67.





Preparatory work for civil aerodromes







section 68.





Civil airfield permits







section 69.





Application for the civil airfield permits







Article 70.





Assessment of the project







§ 71.





Requirements of civil aerodromes permit







section 72.





All about the civil airfield permits







Article 73.





Operation recording authorization







section 74.





Operating on civil aerodromes and civil aerodrome conditions of use







§ 75.





Operating of civil airport







section 76.





Prohibition of the civil aerodrome operation







§ 77.





Revocation of civil aerodromes permit







§ 78.





Approval of civilian ground facilities







section 79.





Conditions of approval from civilian ground facilities







section 80.





Demolition of civilian ground facilities







§ 80a.





Presence of hazardous substances







section 80 b.





Hospital helicopter land areas







3. section

Military air bases







Article 81.





Preparatory work for military airfields







Article 82.





Establishment, transformation and dissolution of military aerodromes







section 83.





Objections against the intended establishment or expansion of a military airfield







§ 84.





Establishment and amendment of military ground facilities








5 part

Air navigation obstacles







§ 85.





Definition







§ 86.





Security zones







section 87.





Security zones regulation







§ 88.





Security zone plan







§ 89.





Announcement of the security zones regulation







Article 90.





Indicates in the land register







section 91.





Air navigation obstacles outside of security zones







§ 91a.





Notification procedure







section 91 b.





Existing air navigation obstacles







section 92.





Exemptions







Article 93.





Jurisdiction







§ 94.





Devices with optical and electrical interference effect







section 95.





Identification of aviation obstacles







§ 95a.





Message from aviation obstacles







§ 96.





Duty of elimination of







sec. 96a.





Additional conditions







6 part

Expropriation for purposes of aviation







Article 97.





Expropriation law







Article 98.





Expropriation recruiters







section 99.





Mutatis mutandis application of the railway-expropriation Compensation Act







section 100.





Meeting together with other rights of expropriation







7 part

Air carriers and aircraft rental company







1 section

Air carriers







§ 101.





Definition







§ 102.





Approval







§ 103.





Auxiliary equipment







section 104.





Requirements of the application for grant of transport permit







§ 105.





Assessment of the project







Section 106.





Conditions of carriage permit







§ 107.





All about the transport permit







section 108.





Operation recording authorization







section 109.





Prohibition of the transport operation







section 110.





Withdrawal of transport permit







section 111.





Commercial transportation with motorized slopes, slopes - or para gliders or paragliders, parachutes







§ 112.





Transport of postal items







§ 113.





Injunctive relief







2. section

Aircraft rental company







section 116.





Rental permit







§ 117.





Conditions for issuing the rental permit







§ 118.





Cancellation of the rental permit







8. part

Safety of air navigation, operation of civil aircraft and special security measures







1 section

Air traffic control







§ 119.





Definitions







section 120.





Perception of air traffic control







section 120a.





General air traffic control orders







section 120 b.





Liability and insurance







§ 120c.





Supervisory







§ 120 d.





Certification of air navigation service providers and hiring of qualified agencies







§ 120e.





Provision of technical services by operating organizations and other third parties







§ 121.





Area of air traffic control







section 121a.





International agreements







Article 122.





Air traffic control facilities







section 123.





Preparatory work for air traffic control equipment







2. section

Behavior in the air transport sector







section 124.





Rules of the air







section 125.





Pilot







§ 126.





Civilian aviation events







section 127.





Military aviation events







section 128.





Upgrade release balloons, kites and Kleinluftballonen and the use of fireworks and lasers







§ 130.





Aerial photographs







3. section

Operation of civil aircraft







§ 131.





Operating rules







§ 132.





Special use of civil aircraft







section 132a.





Guest control







section 133.





Throwing things







section 134.





Transport regulations







4 section

Special security measures







section 134a.





Security measures in the field of civil aviation







5. section

Accidents and incidents in aviation







§ 135.





Search and rescue operations







section 136.





Reporting requirements







section 137.





Aircraft accident investigation







section 138.





Approved foreign military technical institutions







9 part

Authorities and special procedures







section 139.





Austro Control GmbH







section 139a.





Dispute resolution







section 140.





Authority and appeal







section 140a.





Own area of effect of the municipality







§ 140 b.





Transfer of powers







§ 140c.





Fees







§ 140d.





Participation of security authorities







section 141.





Supervisory







section 141a.





Cards for supervisors







§ 142.





Schedules facilitator and flight schedule Coordinator







section 143.





Civil Aviation Advisory Board; Members of the same







section 144.





Meetings of the Civil Aviation Advisory Board







section 145.





Flights







section 145a.





Military operational air traffic







§ 145 b.





Projects in accordance with the environmental compatibility test Act







10 part

Liability and insurance law







1 section

Scope of application







section 146.





Relationship to international law and European Union law







§ 147.





Liability for postal consignments







2. section

Liability for not transported people and things







§ 148.





Third damage liability







section 149.





 







section 150.





 







§ 151.





Liability limits







§ 152.





 







section 153.





 







§ 154.





Reliance - and right to compensation







§ 155.





Duty of disclosure







3. section

Liability under the contract of carriage







§ 156.





Liability for passengers







section 157.





Contractual and exporting carrier







§ 158.





Liability for transported things







section 159.





 







section 160.





Limitations of liability







4 section

Common provisions for liability







section 161.





Contributory negligence of the injured party







§ 162.





Application of the General Civil Code







§ 163.





Court of jurisdiction







5. section

Insurance and advance payment required







§ 164.





Liability insurance







§ 165.





Advance payment required







§ 166.





Direct right of action







section 167.





Principles for the insurance







section 168.





Proof of insurance







11 part

Penal provisions and interim restraint and safety measures







§ 169.





Penal provisions







§ 170.





Directory of punishments







section 171.





Special precautionary measures







section 171a.





Moving of aircraft on civil aerodromes







12 part

Final provisions







section 172.





References







§ 172â.





Announcement in the usual aviation way







§ 172 b.





Linguistic equal treatment








§ 173.





Home and expiry







section 174.





Expiry of previous legislation







section 174a.





Reference to guidelines and instructions on the notification







paragraph 175.





Enforcement"





2. the term "part I: General provisions." before section 1 is replaced by the following designation and heading:

"Part 1

General provisions'

3. in paragraph 2, the phrase is replaced "aircraft and aviation equipment" by the phrase "aircraft, aircraft, model aircraft and unmanned aerial vehicles".

4. in article 4, paragraph 1 a comma is inserted each after the word "Aircraft" set and then the phrase "Aircraft, unmanned aerial vehicles".

5. in article 5, paragraph 1 and 3 is the citation "§ 4 par. 1 lit. a and b"by the citation" § 4 para 1 Nos. 1 and 2 "as well as the citation"§ 4 par. 1 lit. (c)"by the citation" § 4 para 1 No. 3 "replaced.

6 paragraph 6 deleted § 5.

7 the following sentence is added to in section 7, paragraph 1:

"Outside of the exercise area solo may be carried by persons who are not holders of necessary air driver license only in the context of the practical training referred to in section 52, paragraph 2."

8. in article 7, par. 3, second sentence inserted "to grant" the phrase "or allow" after the phrase.

9 the following paragraph 5 is added to § the 7:

"(5) training and testing ranges according to the par. 3 and 4, which should be set up only for a period of not more than six months and beyond, can be published in aviation normally."

10 paragraph 8:

"Section 8 (1) Notwithstanding the provision of paragraph 2 entries in the Federal territory and excursions from the same / from States belonging to the European Union, as well as to / from States, may that although belonging to the European Union, but not a Contracting State pursuant to § 1 para 6 of the border control Act, Federal Law Gazette No. 435/1996, are only"



1 be carried out to or from airports (section 64) or 2 for military purposes to or from military aerodromes (section 60). In addition, the Federal Minister for transport, innovation and technology can set by regulation, to and from which flight fields (section 65) this input and excursions are permitted and which procedure is to be observed before such- and excursions. Input and trips to and from these airfields or to or from military aerodrome may only be performed when complying with the rules on crossing the border is guaranteed. For the possibility of the border regulatory clearance, appropriate precaution shall be taken. The provisions of section 31 of the customs law implementation law, BGBl. No. 659/1994, remain unaffected.

(2) the Federal Minister for transport, innovation and technology has in accordance with the aviation security regulation set,



1. whether and under what conditions to entry a granting of Austro Control GmbH is required in the Federal territory and the excursion from the same, as well as to the landungslosem crossing and the Austro Control GmbH in individual cases on request 2. under what conditions may approve exceptions from the provisions of paragraph 1.

(3) the regulation referred to in paragraph 2 is to be issued in agreement with the Federal Minister for Home Affairs and finance.

(4) entries in this and trips from Germany, as well as landungslose overflights by foreign military aircraft may be carried only with the approval of the Federal Minister of national defence and sports. Prior to the issuance of this approval is the Federal Minister for European and International Affairs to hear. The procedure for such authorisation are to be determined by the Federal Minister of national defence and sports and be published in aviation normally."

11 in section 9, paragraph 2, the following sentence is inserted after the first sentence:

"The request for approval of outside departures and off-field landings is to introduce the operator or responsible pilots of civil aircraft."

12 § 9 par. 5 last sentence deleted.

13 the following paragraph 6 is added to § the 9:

"(6) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis also for getting around with its own force of aircraft on the ground."

14. in article 10, paragraph 1, letter labels a) and b) c) are replaced by the digit designations "1", "2" and "3".

15 § 10 para 1 No. 2 is:



"2. for landings and departures in the course of rescue or disaster relief operations, operations of the demining service, as well as in accident investigations pursuant to § 137," 16. In § 10 para 1, the point is at the end of the No. 3 by the word 'and' is replaced; following no. 4 is added:



"4. for outdoor departures by hanging or para gliders."

17. in article 10, par. 2 and 3, the citation will each "lit. a"replaced by the citation"Z 1".

18. after article 10, the following article 10a and heading is inserted:

"Dropping with parachutes and departures with slopes - or para gliders

Article 10a. Civilian parachute jumps may be carried out only from aircraft from a minimum altitude of 600 m above ground. Except in the case of aviation event approved pursuant to § 126 departures with slopes - or paragliders from aircraft, bridges, towers, buildings and the like may be carried."

19. the expressions "II. part: aircraft and aeronautical equipment." and "A. aircraft." be replaced with following terms and headings before section 11:

"Part 2

Aircraft, aircraft, model aircraft and unmanned aerial vehicles

1 section

Air vehicles"

20 the following sentence is added to the section 11, paragraph 1:

"For model aircraft, and unmanned aerial vehicles the definitions according to the § apply section 24 c, 24f and 24 g."

21. in paragraph 12 of paragraph 4 is paragraph labeled (5); the following paragraph 4 is added:

"(4) that in the scope of 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, in its current version for the permitted use of a civil aircraft issued certificates and approvals are also valid, when the civil aircraft outside of the scope of Regulation (EC) No. 216/2008 is, if the provisions of Union law to at least the same requirements as the rules applicable in Austria."

22. in article 15, paragraph 1, the phrase "and the colours of the Republic of Austria" is inserted after the word "Flag".

23. in article 15, paragraph 2, the phrase "or by one on the basis of a transfer in accordance with section 140 b authority responsible for maintaining the aircraft register" is inserted after the phrase "Austro Control GmbH".

24 in § 16 para 2 subpara 1 lit. a is to the phrase "domestic is located" inserted the phrase "and deliveries by treaties with the Contracting State of residence or in some other way are guaranteed".

25 in § 16 para 2 subpara 2 lit. b will be after the phrase "legal person", the phrase "or registered partnership" as well as after the phrase"domestic" inserted the phrase "and deliveries by treaties with the Contracting State of residence or in some other way are guaranteed".

26 the following paragraph 5 is added to § 16:

"(5) for a civil aircraft which 24 b is subject to a single agreement or an Executive pursuant to §, the conditions referred to in paragraph 2 apply Z 1 do not."

27. in article 18, paragraph 1 No. 2 is "community" by the word the word "Union law" as well as the point at the end of the sentence with the word "or" replaced.

28 3 be added following Z § 18 paragraph 1:



"3. by an individual agreement or exporting pursuant to § 24 b includes them."

29. the section 20 be attached following paragraph 3 and 4:

"(3) an interim permit referred to in paragraph 1 is not necessary no. 748/2012 laying down the implementing rules for the airworthiness and environmental certification of aircraft and related products, construction and equipment, as well as for the certification of design and production organisations, OJ, if for the civil aircraft a permit to fly in accordance with Annex I (Part 21) section P of Regulation (EU) No. L 224 of the 21.08.2012 S. 1, in its current version, has been granted.

(4) a civil aircraft with a permit to fly in accordance with Annex I (Part 21) Subpart P of Regulation (EU) No. 748/2012 may only be used if an insurance coverage in accordance with section 164 or regulation (EC) No. 785/2004 corresponding upright and the approved flight conditions are respected. For flights to the testing or examination of the civil aircraft is sure that the other participants in air traffic as well as people and things on the Earth are not endangered."


30. in article 21, paragraph 1 Z 9 is the phrase "in accordance with Annex I, subsection G, of Regulation (EC) No. 2042/2003, OJ" "No. L 315 of the 28.11.2003 S. 1," is replaced by the phrase "to the management of continuing airworthiness".

31. the expression "B. aviation unit." before section 22 is replaced by the following designation and title:

"Part 2

Aviation equipment"

32. in article 22, paragraph 1 Z 2 is after the phrase "Aircraft (section 11)" the phrase "or flight model (section 24 c) or unmanned aircraft (24f § and § 24 g)" added.

33. the expression "C. International regulations"before section 24a is replaced by the following designation and title:

"Section 3

International regulations"

34. in the heading to section 24a and § 120e section 4, the word "Community" is replaced by the word "Unionsrechtliche".

35. section 24a para 1 No. 2 is:



"2. in Regulation (EU) no 748/2012 and Regulation (EC) No. 2042/2003 on the continuing of airworthiness of aircraft and aeronautical products, parts and appliances, and the issue of licences to organizations and persons who carry out these activities, OJ" "No. L 315 of the 28.11.2003 S. 1," 36. In section 24a, para 2, § 57a para 2, § 120 para 1, § 120c para 1, § 121a, § 125 ABS. 2 and article 173, paragraph 31 is both the word "community" replaced by the word "Union law".

37. paragraph 24b § 1 the last sentence:

"The execution of the criteria laid down in the framework agreements of Austro Control GmbH in accordance with the provision of paragraph 2 must be made."

38. in article 24, para 2 is the word "Agreements" by the word "Provisions" and the word "Agreement" respectively replaced by 'Fixing'.

39. under section 24, the following section 4 is inserted b:

"Section 4

Model aircraft and unmanned aerial vehicles

Flight models

§ 24c. (1) flight models are intended not for national defense unmanned devices, independently used in flight in existing without technical AIDS, direct line of sight to the pilot and



1. within a radius of no more than 500 m and 2. exclusively free of charge and non-commercial in the leisure sector and solely for the purpose of the flight itself, be operated.

(2) aircraft may be operated with a weight 25 kg without a permit in accordance with paragraph 3. The pilot has always ensure that no persons or things be endangered by the operation of this model of aircraft.

(3) aircraft may be operated with weighing more than 25 kg only with approval of the Austro Control GmbH or one on the basis of a transfer in accordance with section 140 b competent authority. This authorisation shall be granted if



1. by submission of a certificate can be that model aircraft in accordance with § 24 h corresponds to the adopted air efficiency requirements as well as in accordance with § 24 h meets the adopted operational airworthiness requirements made credible, and 2. the operation of the flight model public interest of aviation safety is not endangered.

The Austro Control GmbH or one has on the basis of a transfer in accordance with section 140 b competent authority, taking into consideration of the public interest in the safety of aviation with air airworthiness notice in accordance with § 24 set h, what are the requirements for the issuance of a certificate within the meaning of no. 1 are to meet. B competent authority to recognise by the Austro Control GmbH or the on the basis of a transfer in accordance with section 140, if in each State at least of the same airworthiness and operational airworthiness requirements provided are permits that have been issued by a Member State of the European Union or a State equivalent through intergovernmental agreement.

(4) that permit in accordance with paragraph 3 is the extent, temporary and conditional grant, as this in the interests of aviation safety is necessary to. The authorization shall be revoked if one of the approval requirements not or is no longer given or conditions is been violated.

(5) at the request of the operator (§ 13 mutatis mutandis) of the flight model the Austro Control GmbH or one may approve exceptions to the operating condition for model aircraft pursuant to par. 1 Z 1 due to a transfer in accordance with section 140 b competent authority for individual cases, if the public interest of aviation safety is not endangered. These exemptions is the extent, temporary or conditional grant, is required to as this for the prevention of hazards of air safety. The authorization shall be revoked if one of the approval requirements not or is no longer given or conditions is been violated. Paragraph 3 and 4 shall remain unaffected.

(6) the provisions on the liability and insurance referred to in §§ 146-168 on usable independently in-flight aircraft are to apply for flight models, where the operator of the flight model is regarded as holder within the meaning of these provisions.

(7) any regulations adopted by the Federal Ministry of transport, innovation and technology in a regulation pursuant to section 124, concerning the operation of model aircraft remain unaffected.

(8) operation of a flight model is permitted only with the approval of the Federal Minister of national defence and sports within security zones at military aerodromes. This permit is in this respect, temporary or conditional grant, is required to as this in the interests of aviation security or in the interests of national defence. The authorization shall be revoked if one of the approval requirements not or is no longer given or conditions is been violated.

Unmanned devices up to 79 joules maximum kinetic energy

section 24 d. As far as unmanned devices with a maximum kinetic energy under or equal to 79 joules, which can be used independently in flight, run no higher than 30 meters above the ground, is to ensure that no persons or things be endangered through the operation. Apart from these devices not within the scope of this federal law fall.

Model flying club

section 24e. (1) model aircraft be operated within model airfield, can the pilot operating condition for flight models in accordance with § 24 c para 1 No. 1 without a permit in accordance with § 24 c paragraph 5 deviate from. This shall not affect the remaining provisions of § 24c.

(2) model flying club are to report the Austro Control GmbH by the beneficial owner stating the location, the modes and operating times and from this common aviation published.

Unmanned aerial vehicles of class 1

section 24f. (1) unmanned aerial vehicles of class 1 are serving national defense not unmanned vehicles, which can be used independently in the flights and direct, without any technical AIDS existing line of sight to the pilot



1 in a radius of more than 500 m or 2 for a fee or commercially or to others as in § 24c par. 1 Z run 2 these purposes.

(2) unmanned aerial vehicles of class 1 are allowed only with the approval of the Austro Control GmbH or one on the basis of a transfer in accordance with § 140b competent authority be operated. This authorisation shall be granted if



1. by the applicant believable can be made, that the unmanned air vehicle of class 1 in accordance with § 24 h issued airworthiness and operational airworthiness requirements corresponds to the, and 2. the operation of unmanned air vehicle in the class 1 public interest of aviation safety is not endangered.

(3) that permit in accordance with paragraph 2 is in this respect, temporary and conditional grant, as this in the interests of aviation safety is necessary to. The authorization shall be revoked if one of the approval requirements not or is no longer given or conditions is been violated. Permits or certificates that have been issued by a Member State of the European Union or a State equivalent by intergovernmental agreement, are b competent authority to recognise by the Austro Control GmbH or the on the basis of a transfer in accordance with section 140, insofar as in the country of at least the same airworthiness and operational airworthiness requirements are provided.

(4) to apply the provisions of article 13 and article 17 as well as the provisions on the liability and insurance referred to in §§ 146-168 on aircraft. Furthermore is § apply 136, where the unmanned air vehicle in the class 1 as a civil aircraft within the meaning of this provision shall apply.

(5) any of the Federal Ministry of transport, innovation and technology in a regulation pursuant to § 124 adopted provisions concerning the operation of unmanned aerial vehicles of class 1 shall remain unaffected.

(6) the operation of an unmanned aircraft of the class 1 within security zones at military aerodromes is permitted only with the approval of the Federal Minister of national defence and sports. This permit is in this respect, temporary or conditional grant, is required to as this in the interests of aviation security or in the interests of national defence. The authorization shall be revoked if one of the approval requirements not or is no longer given or conditions is been violated.


Unmanned aerial vehicles of class 2

section 24 g. (1) unmanned aerial vehicles of class 2 are serving national defense not unmanned vehicles, which can be used independently in the flights and operate without line of sight.

(2) for unmanned aerial vehicles of class 2 are all applicable civil aircraft and their operation provisions of this Federal Act or regulations adopted on the basis of this federal law to apply. The Federal Minister for transport, innovation and technology can set regulation special provisions for unmanned aerial vehicles of class 2 If the public interest of aviation safety is not endangered.

Airworthiness and operational airworthiness instructions

§ 24 h. It is in the interests of aviation safety required airworthiness and operational airworthiness requirements for aircraft and unmanned aerial vehicles of class 1 are of the Austro Control GmbH or one on the basis of a transfer in accordance with section 140 b competent authority by means of airworthiness or operating efficiency hints to prescribe and in aviation normally published. This, in particular the type and extent of necessary for determining the airworthiness reviews, the marking, are to set the equipment requirements, as well as the required for the operation of qualification for the pilots. This airworthiness and operational airworthiness instructions are to note 1 of the operators of the planes, as well as the holders of the unmanned aerial vehicles of the class and to comply with.

Unmanned weather balloons

§ 24i. by way of derogation 24 g of paragraph 2 may be operated unmanned weather balloons by in accordance with the regulations issued by the Federal Ministry of transport, innovation and technology in this respect, taking into consideration the public interest of the safety of aviation in a regulation pursuant to section 124. To aviation equipment usable independently in flight requirements of liability and insurance referred to in §§ 146-168 are to apply for unmanned weather balloons.

Union legal provisions

§ 24j. As far as rules on airworthiness, the admissibility of the noise, the continuing of airworthiness, flight operations and pilots of unmanned aerial vehicles in Council Regulation (EC) No. 216/2008 and the Regulation (EU) no 748/2012 and (EC) No. 2042/2003 and the implementing Regulation (EU) No. 923/2012 establishing common rules of the air and operating rules for services and proceedings of the ATC, OJ No. L 281 of the 13.10.2012 S. 1, and other implementing regulations for the application of Regulation (EC) No. 216/2008 are set, they are binding in the currently valid version. National competent authority within the meaning of these provisions is the Austro Control GmbH.

Cross-border operating unmanned air vehicles of category 1 and 2

§ 24 k. Cross-border operating with unmanned aerial vehicles of class 1 and 2 in the Federal territory may only be carried out, if they have the Austrian nationality or these on the basis of the Union regulations referred to in § 24j are certified or approved by the Austro Control GmbH a licence has been granted. This permit may only be issued if provided in the country of origin of the operator or in the register state of the unmanned aircraft at least the same requirements as referred to in § 24f and § 24 g. The approval is the extent, temporary and 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.

Data protection

§ 24 l. "The admissibility or authorisation of the operation by model aircraft or unmanned aerial vehicles of the class 1 and 2 according to the § § 24 c to 24 c release the operators or pilots from their obligation to safeguard predominant protection worthy confidentiality interests of affected particularly to paragraphs 7 ff in conjunction with § 6 and the §§ 50a ff of the data protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999."

40. the expressions "III part: aviation personnel." and "A. civil aviation personnel." are replaced by the following terms and headings before section 25:

"Part 3

Aviation personnel

1 section

Civilian personnel"

41. in article 26, the phrase "or the competent pursuant to § 57a" is inserted in the first sentence after the phrase "in accordance with section 140 b competent authority".

42. paragraph 31:

"Article 31 (1) is the minimum age for obtaining a civil air driver licence at least 15 and not more than 21 years. Within this framework, the Federal Minister of transport has, in accordance with the physical and mental maturity necessary for their obtaining by regulation to set the minimum age for any kind of civil air driver licences and permissions associated with civil air driver licenses innovation and technology.

A civil air driver licence is to grant, if they have the consent of their legal representative to the introduction of the request for issuance of civil air driver license only. (2) not entitled to its own people"

43. § 33 para 1 first sentence reads:

"The physical and mental health (article 30 par. 1 lit. (c) is, as provided for in a regulation referred to in paragraph 3 nothing else, to prove a medical flight medical certificate issued by a medical authority (section 34) or the authorities (§ 34 ABS. 3)."

44. paragraph 33 par. 4 and 5:

"(4) the supervisory authority (article 34 paragraph 3) is entitled to process medical data, which receives reports submitted in accordance with § 34 ABS. 4 Aero-medical bodies or through its own investigations, to gain knowledge about it, whether



1. for holders of civil aviation identity cards (§ 25) that required compatibility is and 2. aero-medical authorities (section 34) to be followed in the exercise of their powers and fulfil their obligations.

(5) each holder of an Austrian permission provided for in section 26 or recognized in accordance with section 40 or equal in accordance with § 41 or section 132a foreign permission is obliged in case of doubt as to the existence of his physical and mental fitness to refrain from the exercise of his authority. "The Federal Minister for transport, innovation and technology has with regulation to lay down whether and to what extent doubts as to the existence of physical fitness for a medical office or the authorities (§ 34 paragraph 3) to communicate are."

45. paragraph 34:

"Article 34 (1) the exhibition of a medical fitness certificate has to be preceded by an examination at a medical office. 1178/2011 laying down technical rules and administrative procedures as regards mobile workers in civil aviation in accordance with Regulation (EC) apply as medical bodies in accordance with the provisions of Regulation (EU) No. 216/2008, OJ No. No. L 311 of the 25.11.2011 S. 1, recognized medical expert and certified in accordance with the provisions of Regulation (EU) No. 1178/2011 Aero-medical centres.

(2) the Federal Minister for transport, innovation and technology has, taking into consideration the requirements of aviation safety as well as the nature and the extent of the necessary for the determination of suitability investigations regulation, in particular to set:



1. the powers of medical authorities to carry out medical examinations and to the exhibition of Aero-medical fitness certificates and 2. obligations to be observed by the medical authority and 3. the conditions for revocation of the powers of a medical authority.

(3) medical offices are subject to the supervision of the authority which is competent pursuant to § 57a for issuing the respective recognition or certification (supervisory authority). The article 141, paragraph 2 and 3 shall apply by analogy to.

(4) the medical agency undertakes any research undertaken to submit a written report to the supervisory authority (para. 3). Is by regulation of the Federal Minister for transport, innovation and technology to determine the content of the report of the flight medical authority has to restrict itself to ensuring the objectives referred to in article 33, paragraph 4 The Federal Minister for transport, innovation and technology cases can determine, taking into consideration the requirements of aviation safety and convenience, in which the delivery of a report can completely be avoided. The supervisory authority (para. 3) is obliged to provide documentation about past investigations of a person to a medical authority insofar as this is necessary for assessing the suitability of that person on the occasion of a renewed investigation."

46. paragraph 35:


"35. (1) the Medical Office notes that when a candidate for a certificate of fitness for the required capability is not provided or is not authorized to issue the certificate of fitness No. 1 the Medical Office on the basis of a regulation in accordance with § 34 paragraph 2, this is immediately inform the applicant and the authorities (§ 34 paragraph 3). A recent assessment of the necessary suitability by a medical authority is in this case no longer allowed.

(2) the applicants for a medical certificate can apply for the issue of the health certificate after a notice referred to in paragraph 1 apply to the Authority (section 34 paragraph 3). The supervisory authority (section 34 paragraph 3) has to assess the suitability of the applicant in this case and, where appropriate, to issue the corresponding medical certificate or reject the request with notice."

47. the expression "B. training of civil aviation personnel" before section 44 is replaced by the following designation and title:

"Part 2

Training of civil aviation personnel"

48. in paragraph 44, the para 2 to 7 by following paragraph 2 to 6 are replaced:

"(2) the Federal Minister for transport, innovation and technology has the types of civil air driver schools including their education authority, to determine the requirements for a permit pursuant to section 46, as well as obligations to be observed in the course of the training activities regulation in accordance with the requirements of aviation safety and taking on type and extent of training required.

(3) the Austro Control GmbH or one on the basis of a transfer in accordance with section 140 b competent authority can set curricula including the curricula to be observed by the civil air driver schools on the basis of the regulations made pursuant to § 36 para 2 and para. 2 for the respective types of civil air driver licenses and thus associated permissions and published in aviation normally.

(4) the applicant for a permit of a civilian air school has without prejudice to the conditions to be fulfilled by a regulation referred to in paragraph 2 at least



1. a resident or based in the domestic, and 2 its reliability (§ 32) to prove.

(5) the Federal Minister for transport, innovation and technology can set by regulation in accordance with the requirements of aviation safety, whether and to what extent other civil aviation personnel to train in the context of schools, or can be trained. These schools are to grant by the Austro Control GmbH. The §§ 46 to 48 shall apply mutatis mutandis. The authorization includes permission to check the professional qualification according to § 28 para 3, then operating obligation in this regard.

(6) as far as the joint aviation authorities (JAA) or other international bodies have adopted provisions concerning the training of other civil aviation personnel and the requirements for these schools, innovation and technology can are set by regulation of the Federal Minister for transport, that these provisions are applicable. Para 6 second remain unaffected until the fourth set."

49. section 45 and heading is eliminated.

50. in article 46, paragraph 1, the word is "approved".

51. the heading to section 48 reads:

"Revocation of the permit"

52. in paragraph 48, the phrase is omitted "the registration (section 45) or".

53. § 51 and title is omitted.

54. in article 52 para 2 is inserted after the citation "§ 36 para 2" the phrase "or in accordance with the provisions of Union law in the sense of § 57a".

55. the expression "C. military aviation personnel." before section 53 is replaced by the following designation and title:

"Section 3

Military personnel"

56. the expression "D. Community law provisions" before section 57a is replaced by the following designation and title:

"Section 4

Common provisions"

57. the section 57a is preceded by following heading:

"Union law"

58. § 57a subsection 1 is as follows:

"(1) as far as provisions in respect of civil aviators and other civilian personnel in Regulation (EC) No. 216/2008, as well as in Regulation (EC) No. 2042/2003, in the Regulation (EU) No 1178/2011, in Regulation (EU) No. 805/2011 establishing detailed regulations for air traffic controller licences and certain certificates in accordance with Regulation (EC) No. 216/2008, OJ" No. L 206 of the 11.08.2011 p. 21, and legal in other Union regulations to Regulation (EC) No. 216/2008 are set, they are binding in the currently valid version. The provisions on the examination boards in accordance with § 37 para. 1 and 3, § 38 and section 39 are to apply by analogy in relation to licence."

59. the section 57a be added following paragraph 3 to 6:

"(3) the competent authority within the meaning of the Union legal provisions referred to in paragraph 1 is, unless otherwise provided in subsection 4 and 5, the Austro Control GmbH. In the light aircraft pilot licenses for aircraft (LAPL(A)) and helicopter (LAPL(H)) as well as the relevant training organisations and the relevant auditing is the Austro Control GmbH national competent authority in accordance with the Regulation (EU) No. 1178/2011 or one on the basis of a transfer in accordance with section 140 b competent authority.

(4) national competent authority in relation to education organizations in accordance with the Regulation (EU) No. 805/2011 is the Federal Minister for transport, innovation and technology. The provisions of § 141 para 2 and 3 are apply accordingly, whereby the Federal Minister for transport, innovation and technology to carry out the oversight can instruct also qualified entities pursuant to § 120 d para 2.

(5) the competent national authority pursuant to the Regulation (EU) No 1178/2011 is the Austrian Aeroclub in relation



1 light aircraft pilot licenses for gliders - LAPL(S), 2nd light aircraft pilot licenses for balloons - LAPL(B) 3 licenses referred to in the auditing for the Z 1 to 4, 5 training organisations (ATO), 4th balloon pilot licenses (BPL) and glider pilot license (SPL).

(6) the national authority referred to in paragraph 5 is entitled in the context of administrative assistance to obtain the information necessary to carry out their statutory functions and has the organs of the Federal Government at the request of the countries and the communities, as well as the Austro Control GmbH to provide information."

60. pursuant to § 57a, the following paragraph is inserted 57 b together with heading:

"Civil aviation personnel advice and civil aviation staff instructions

§ 57 b. The Federal Minister for transport, innovation and technology can set by regulation, whether and to what extent the relevant competent authority has to prescribe the necessary General (civil aviation staff instructions) or (civil aviation personnel instructions) to the execution of national and EU law provisions on civil aviation personnel and the training of civil aviation personnel or to publish. These notes / instructions are in the aviation-usual way to publish."

61. the expressions "IV. part: aerodromes." and "A. common provisions." are replaced by the following terms and headings before section 58:

"Part 4

Airfields

1 section

Common provisions"

62. in article 58, paragraph 2, the citation is "section 118 of the Federal law of October 19, 1934, BGBl. II No. 316, concerning the water right," by the citation "§ 128 of the water law of 1959, BGBl. No. 215/1959," replaced.

63. the section 58 the following paragraph 3 is added:

"(3) land or water areas may be used only for permanent departures and landings of aircraft, if a civil airfield permit in accordance with article 68 has been granted by the competent authority."

64. first sentence is paragraph 59:

"Ground facilities are buildings, equipment, and other fixed facilities, are located on airports and their using for the most part for the correct operation of an aerodrome is necessary or appropriate."

65. the expression "B. civil airport." before section 63 is replaced by the following designation and title:

"Part 2

Civil airfield "

66. in § 72 para 2 Z 1 is after the phrase "domestic is located" inserted the phrase "and deliveries by treaties with the Contracting State of residence or in some other way are guaranteed".

67. in § 72 para 2 Z 2 is the phrase "or registered partnership" after the phrase "legal person" and after the phrase "with residence in this country has" inserted the phrase "and deliveries by treaties with the Contracting State of residence or in some other way are guaranteed".

68. the heading to section 74 is as follows:

"Operating on civil aerodromes and civil aerodrome conditions of use"

69. in article 74, paragraph 5, the phrase "or on the website of the civil flight placeholder" is inserted after the word "Stop".

70. the section 74 be attached following paragraph 6 and 7:


"(6) the Federal Minister for transport, innovation and technology has the closer requirements for issuing an airport certificate as confirmation of compliance with the applicable regulations and granted permits in terms of facilities, to set the equipment and the operational procedures of airports (section 64) by regulation, taking into consideration the interest of aviation safety. The airport certificate is to exhibit by the competent for issuing the civil airfield approval authority (§ 68 para 2). Are the conditions that have led to the issuance of the airport or which are required for the maintenance of the airport certificate not or no longer fulfilled and corrects the deficiency within the time limit set by the competent authority, the competent authority with notice to determine by virtue that the airport certificate is wholly or partly invalid has. The return of the airport certificate is at the same time to impose.

(7) as far as provisions relating to the granting, suspension and revocation of a certificate for airfields in the Regulation (EC) No. 216/2008 and laid down in the implementing regulations adopted pursuant to this regulation are, they are binding in the currently valid version. National competent authority within the meaning of these provisions is to grant the civil airfield approval authority (§ 68 para 2). The provisions of paragraph 6 apply third and fourth set."

71. paragraph 75 paragraph 1:

"(1) the civil airport owner such auxiliaries, do where no other provisions conflict, without a separate aviation-legal permit, directly and exclusively serving the transport tasks his civil airfield."

72. in article 75, paragraph 2, the phrase "Air traffic control authorities (§ 120)" is replaced by the phrase "Services by air navigation service providers in accordance with article 120, paragraph 1 and 2".

73. in article 75, paragraph 2, the following sentence is inserted after the second sentence:

"The civil airport owner has suitable rooms or areas for air traffic control equipment (article 122) and for installations which are required for the operation of air traffic control systems, to the extent necessary to make available further."

74. in article 75, paragraph 2 the last sentence is replaced by the phrase "these obligations" the phrase "this obligation".

75. paragraph 78:

"78. (1) a ground facility on a civil airfield (civilian ground equipment) may be built only with the approval of the authority competent for the granting of the civil aerodrome residency (section 68), used or a substantial change.

(2) the Federal Minister for transport, innovation and technology can entrust the district administration authority in its field of competence with the decision on an application for a permit referred to in paragraph 1 or to the implementation of the supervision of ground facilities, that is, if the interest of aviation safety is not affected and this is located in the interest of expediency, economy and efficiency.

(3) before deciding on an application for a permit referred to in paragraph 1, the Federal Minister of national defence and sports is heard when establishing civilian ground impairment could be caused by stationary equipment of air traffic control or fixed installations for military aviation safety.

(4) for civilian ground facilities is required. no authorization in accordance with section 92 and section 94"

76. According to section 80a, the following section is inserted 80 b together with heading:

"Hospital helicopter land areas

section 80 (1). by way of derogation can the §§ 66 and 69 to 72 of 77 for helicopter landing areas at hospitals that are used exclusively for ambulance or rescue missions, a civil airfield permit referred to in paragraph 2 are requested by the operators of this land area for the issuing of the civil aerodrome approval authority (section 68). The remaining provisions remain unaffected, unless otherwise stated in the paragraph 2 to 7.

(2) the civil airfield permit for a helicopter land area at hospitals is granted if due to the nature of the land area and the planned ground facilities and the environment a safe arrival and departure of helicopters in rescue and ambulance service is guaranteed and no public interests are opposed. The approval is in this respect, temporary or conditional grant, is required as this in the interests of aviation safety. She shall be revoked if one of the conditions for authorisation not or no longer fulfilled or is repeatedly offend against requirements.

(3) the land granted in accordance with paragraph 2 are stating common aviation to be published at least the size of land area as well as the existing technical facilities and nearby located in the immediate vicinity.

(4) the carrier may use the land granted pursuant to paragraph 2 only with those helicopters patterns which are suitable in accordance with the respective flight - related to the helicopter type or operating manual for safe operation on the land area.

(5) the Federal Minister for transport, innovation and technology may adopt further conditions for the granting of the authorisation referred to in paragraph 2 in accordance with the requirements of the safety of the aviation regulation.

(6) the provision of article 73 is to apply subject to the proviso that the operating record approval is to grant if the holder of the civil aerodrome permit evidence which have imposed obligations in the authorization referred to in paragraph 2 as well as a safe and orderly operation of flight.

(7) existing at the time of the 1 January 2014 hospital helicopter land surfaces, which are used exclusively for rescue or ambulance operations and for which no civil airfield permit pursuant to § 68 is an application for a permit referred to in paragraph 2 is up to no later than 1 July 2014 to bring. Is this application is submitted on time, use of land area may be approved continue to through final completion of this application for rescue or ambulance operations pursuant to § 9 para 2. Is the application not timely submitted, any at the time of the 1 January 2014 for permits existing use of these areas according to § 9 ABS. 2 remain upright until the expiry of the relevant time limit. A renewed issuance of a permit pursuant to section 9 para 2 for the use of these areas for rescue or ambulance operations is not allowed."

77. the expression "C. military air bases." before article 81 is replaced by the following designation and title:

"Section 3

Military air bases"

78. § 84 para 1 second sentence deleted.

79 the following paragraph 3 is added to § the 84:

"(3) for military ground facilities, no separate authorization in accordance with section 92 and section 94 is required."

80. the expression "V. part: air navigation obstacles." before section 85 is replaced by the following designation and title:

"Part 5

Air navigation obstacles"

81. paragraph 85 para 1:

"Within security zones (§ 86) air navigation obstacles are 85 (1)



1 buildings above the surface of the Earth, trees, shrubs, tight ropes and wires, cranes and soil surveys protruding from the surrounding landscape and 2. traffic routes as well as pits, channels and similar ground wells.

"One in the Z 1 named object is considered located within the security zone if the areas referred to in the security zones Regulation (§ 87) through rises."

82. in section 85, paragraph 2 "in par. 1 lit. join the phrase a designated facilities"by the phrase"the Z 1 referred to in paragraph 1 objects"as well as the letter labels a) and b)"1st"and"2nd"replaced by the digit names; in the No. 2, the phrase "the system" is replaced by the phrase "the object".

83. § 85 para 3 No. 1 is:



"1. a federal based on list 1 and 2 of the Federal Highway Act in 1971, BGBl. No. 286/1971, cross the street or ' 84. In article 85, paragraph 3 2 eliminates the Z and the previous Z 3 is named "2."

85. in paragraph 85 accounts for the para 4 and 6 and the previous paragraph 5 receives the label (4).

86. in article 85, paragraph 4, the citation of "para 3 Z 3" "para 3 No. 2" is replaced by the citation.

87. in article 87, paragraph 1, the phrase "civil aerodromes by the authority competent for the granting of the civil aerodrome licence," by the word order is "airports by the Federal Ministry of transport, innovation and technology, to airfields by the district administrative authority and" replaced.

88. in paragraph 87, the former paragraph 4 is named (10) and it be inserted following paragraph 4 to 9 after paragraph 3:

"(4) the authority referred to in paragraph 1 can change different security zones regulation by paragraph 1 and paragraph 3, if this is absolutely necessary to ensure the safety of aviation, in particular to preserve the security of departure and land movements. The provision of paragraph 2 shall remain unaffected.


(5) the draft amendment of the security zones regulation is for the authorities referred to in paragraph 1 and to the municipalities in whose territory the change of the security zones stretching, to put on during office hours for a period of eight weeks for public inspection.

(6) the public Edition is to be published by stop on the official notice board of the municipalities referred to in paragraph 5 during the entire period. Moreover, the by-laws in the editorial section is one in the State where the civil airfield is situated, widespread daily newspaper and in the "Amtsblatt zur Wiener Zeitung" to announce. The Declaration and the by-laws contain the launch period and the note to, natural and legal persons and registered partnerships, the owner of the land covered by the draft amending the regulation of security zones that are entitled, to submit a written opinion on the draft within the launch period.

(7) the owner of the land covered by the proposal for an amendment of the security zones regulation are to notify the establishment referred to in paragraph 5 in writing. In apartment units, for which a joint administrator is appointed, the understanding of this can be done. In the communication, it is pointing to the support and opinion deadline.

(8) the need for the communication referred to in paragraph 7 shall not apply if security zones regulation expected to be more than 100 people may be touched.

(9) Regulation of the security zones are those owners who made par. 6 objections in accordance with, in writing to notify you that your objections have been taken into account or for whatever reason is not taken into account. Notwithstanding the authority referred to in paragraph 1 for reasons of economy, efficiency and expediency may issue a reasoned opinion on the submitted objections to the municipalities in whose territory the change of the security zone stretching, during office hours for a period of eight weeks for public inspection. In this case those owners who made par. 6 objections pursuant to, to inform in writing the public Edition of the opinion are,."

89. in § 91a para 7 the phrase "to the rapid processing of fallen timber" is omitted.

90. paragraph 91b is replaced by following § 91 b together with heading:

"Existing air navigation obstacles

section 91 b. (1) for objects, that at the time of the entry into force of § 85 or a regulation referred to in article 85, paragraph 4 already exist and first considered aviation obstacle, is an application under section 92 of the owner within twelve months after the entry into force or is a display according to reimburse § 91a. Is not fulfilled this obligation, article 96, paragraph 1 shall apply.

(2) the competent authority has to examine existing aviation obstacles referred to in paragraph 1 in a procedure pursuant to § 92 only, whether to prescribe, taking into consideration the interest of air safety a marking of the object is required, and this identification with notice. Article 95, paragraph 1 and article 96a shall apply."

91. § 91c is eliminated.

92. paragraph 92 paragraph 1:

"(1) an application for granting of exemptions (article 86 and article 91) are able to specify the type and texture, as well as the purpose of the aeronautical obstacle."

93. § 93 par. 2 the following sentence is added:

"In the event of an aviation obstacle referred to in section 85, paragraph 2, no. 1 is to make the agreement with Austro Control GmbH before granting a derogation request pursuant to § 91."

94. in paragraph 94, the article name "§ 94." is used before the name of a paragraph (1).

95. in article 94, paragraph 1, the word "Equipment" at the beginning of the first sentence is replaced by the phrase "fixed and mobile equipment".

96. in section 94 para 2 first sentence is replaced by the phrase "the competent for the issuing of the civil aerodrome approval authority (§ 68 para 2)" the phrase "of the Federal Minister for transport, innovation and technology".

97. in section 94, paragraph 2, the following sentence is inserted after the first sentence:

"One outside the safety zone of a military or civil aerodrome located plant, whose visual or electrical interference effects can cause a threat to the safety of aviation within a security zone, is located within the security zone."

98. in article 95, paragraph 2 is the citation "§ 85 para 1 lit. a and b"by the citation" § 85 para 1 Nos. 1 and 2 "replaced.

99. According to article 95, the following § 95a and heading shall be inserted:

"Message from aviation obstacles

§ 95a. (1) the owner of an aviation obstacle approved pursuant to § 92 has to sign the start of construction, as well as the completion of the object the local Governor. In the case of fixed-term built aviation obstacles this message may be reimbursed by the installer of the object. The message must contain detailed information about the location and the condition of the aeronautical obstacle. When the completion message one in accordance with article 85, paragraph 1 or paragraph 2 Z 1 approved aviation obstacle are the accuracies obtained from the measurement of position and height values to specify. The message layer is responsible for the correctness of this information.

(2) the locally competent Governor has § 85 para 2 and 3 in a suitable form to keep a directory of aviation obstacles in accordance with evident, to make the Austro Control GmbH and the Federal Minister of national defence and sports available, and to provide the participants in air transport on request against fee.

(3) the owner of not only temporarily built aviation obstacle referred to in section 85, paragraph 2 and 3 is obliged immediately to report the Elimination of the aeronautical obstacle caused by him the local Governor.

(4) the owner of an aeronautical obstacle has, without prejudice to other statutory provisions, failures or errors in the marking of the aeronautical obstacle without delay to display (§ 92 para. 2) and was correcting of the failures or errors of Austro Control GmbH as well as the authority competent for the granting of exemptions (article 93). The Austro Control GmbH has this information in aviation-usual way to be published.

(5) in the event of a change of the owner of an aeronautical obstacle the new owner of the authority competent for the granting of exemptions (section 93) has to inform immediately his name and address."

100. in article 96, paragraph 1, the word order is "notices erected, altered or" by the phrase "notices are built, planted, amended or" replaced.

101. the following paragraph 4 is added to § the 96a:

"(4) section 95 paragraph 2 arises in case of introducing labelling measures in accordance with, that the interest of the safety of aviation despite compliance with the prescribed labelling measures is not sufficiently protected, the provisions referred to in paragraph 1 are to apply by analogy."

102. the expression "VI. part: expropriation for the purpose of aviation" before article 97 is replaced by the following designation and title:

"Part 6

Expropriation for purposes of aviation"

103. the expressions "VII. part: air carriers and aircraft rental company" and "A. air transport company" be replaced before § 101 with following terms and headings:

"7th part

Air carriers and aircraft rental company

1 section

Air carriers"

104. paragraph 101:

"§ 101. air carriers are companies for the transport of people and things in commercial air transport aircraft for this purpose,



1. an in accordance with article 102, paragraph 2 gave no. operating licence in accordance with Regulation (EEC) 2407/92 on licensing of air carriers, OJ No. L 240 of the 24.08.1992, p. 1, or of Regulation (EC) no 1008/2008 on common rules for the operation of air transport services in the community, OJ No. L 293 of 31.10.2008 S. 3 (carriers), or 2. a transportation permit pursuant to the § 104 ff (air carrier) have held."

105. paragraph 102 para 1 and 2:

"(1) companies, which carry passengers, mail and/or cargo gliders, Freiballonen, or Ultraleichtluftfahrzeugen or have want to perform at the Federal Ministry of transport, ff to apply for a transport permit pursuant to the § 104 innovation and technology, unless the company has not already one from another Member State of the European Union or an authorisation granted to a State equal by intergovernmental agreement for the implementation of this promotion only flights, which involves no carriage between different airports, commercial air transport. These foreign approval is to carry on board the aircraft.


(2) any other companies that want to transport passengers, mail and/or cargo in commercial air transport and no 1008/2008 in Germany have their principal place of business in accordance with article 2 Z 26 of Regulation (EC), must apply for no. 1008/2008 amended an operating licence in accordance with Regulation (EC). Competent licensing authority in accordance with article 2 No. 2 of the Regulation (EC) no 1008/2008 is the Federal Minister for transport, innovation and technology. "The national authority responsible for the exhibition of the Regulation (EC) No. of 1008/2008 required air operator certificate, as well as for the licences referred to in article 13 (leasing) of Regulation (EC) no 1008/2008 is the Austro Control GmbH."

106. in paragraph 102, paragraph 4, the phrase "as well as the commercial carriage with motorised slopes and para gliders, hanging and paragliders and parachutes" is inserted after the word "Parachute".

107. in article 103, paragraph 1 a comma is used after the word "may" and the phrase 'without prejudice to other legal provisions' replaced by the phrase "as far as no other provisions preclude,".

108. paragraph 106:

"§ 106. The transport permit shall be granted if



1 the applicant a) the nationality of a Member State which through intergovernmental agreement of equals State has European Union or one, if his residence not in the country is located and deliveries by treaties with the Contracting State of residence or in some other way are ensured, has ordered a representative ad litem domestically and is reliable and technically suitable, or b) is a legal person or registered partnership , which was established under the legislation of a Member State of the European Union or a State equivalent by intergovernmental agreement and has its registered office, Central Administration or principal place of business within the European Union or in a country of equals by intergovernmental agreement and, if it has no representative authorized to receive documents residing in the national territory and deliveries by treaties with the Contracting State of residence or in some other way are ensured , has ordered a delivery agent in Germany, as well as the authorized persons are reliable and professionally suitable, 2. the safety of operation is guaranteed and the financial performance of the company was made credible and found 3. conclusion No. 785 / 2004 equivalent insurance § 164 of Regulation (EC).

In the case of flights with engine aircraft, except with Ultraleichtluftfahrzeugen, is to ensure the safety of the operation anyway, through appropriate compliance with the rules adopted pursuant to article 131 or to apply EU law provisions on the granting and maintenance of the air operator certificate for air carriers, as well as the Union legal provisions in accordance with section 24a."

109. paragraph 107 subsection 2:

"(2) in the decision regarding the award of promotion are to determine



1. the scope of the authorization including the flight range, 2. taking account of the need a reasonable period of time within which the operating recording licence or an air operator certificate in accordance with the applicable provisions of Union law must be applied for, and 3 terms and conditions, as far as in the interests of road safety and taking on the transport undertaking required them."

110. in article 108, paragraph 1, the phrase "by the Federal Minister for transport, innovation and technology, or by one on the basis of a transfer in accordance with section 140 b competent authority" is replaced by the phrase "by the Austro Control GmbH".

111. the section 108 the following paragraph 3 is added:

"(3) a valid air operator's certificate is required on the basis of a regulation in accordance with section 131 or due to Union regulations for carrying out the transport operations referred to in article 102, paragraph 1, issuing this certificate replaces the grant of operating recording approval referred to in paragraph 1."

112. paragraph 110:

"article 110. For the granting of the transport authorisation authority has to withdraw this, if



3. operation for more than a year left to rest has 1 a which requirements pursuant to § 106 no longer exists or was not met at the time of issuance of the permit and still continues this lack, 2. the operating record approval (section 108) has been legally denied or the air operator's certificate has been legally denied or invalid, or the transport operation in accordance with section 109 prohibits 4 and the deficiencies are not timely been fixed."

113. According to article 110, the following section 111 together with heading shall be inserted:

"Commercial transportation with motorized slopes, slopes - or para gliders or paragliders, parachutes

section 111. For the commercial transport of passengers and/or cargo with motorized slopes, slopes - or para gliders or paragliders, parachutes, no carriage permit pursuant to the § 104 is ff required. The carrier shall ensure that a commercial transportation is performed only by persons with motorized slopes, slopes - or para gliders or paragliders, parachutes when the aircraft meets the technical and operational conditions specified in the regulations adopted pursuant to section 21 and section 131 for the transportation of passengers and/or cargo and responsible pilots hold an upright civil air driver licence and who have set minimum experience adopted provisions in the § 29 par. 2. Other obligations in accordance with this federal law or on the basis of this Federal Act remain unaffected, adopted regulations."

114. the present section 115 including heading is called "§ 112.".

115. in paragraph 112, the sales designation is "(1)" and paragraph 2.

116. the previous section 115a and heading is called "§ 113.".

117. the expression "B. air car rental company." before section 116 is replaced by the following designation and title:

"Part 2

Aircraft rental company "

118. the expressions "VIII. part: safety of aviation." and "A. ATC." be replaced with following terms and headings before section 119:

"8 part

Safety of air navigation, operation of civil aircraft and special security measures

1 section

Air traffic control"

119. in article 119, para 2 subpara 1 lit. a the word "Alarm service" is replaced by the word "Flight alert service".

120. paragraph 120 paragraph 6:

"(6) as far as the implementation of air navigation services an air traffic controller licence in accordance with the Regulation (EU) No 805/2011 is required, the air navigation service providers have to make sure that the staff employed by them one issued by a Member State and in accordance with article 9, paragraph 4 of Regulation (EU) holds no 805 / 2011 valid air traffic controller licence."

121. § 120a para 1 and 2 is:

"(1) the Austro Control GmbH has to set the required arrival and departure procedures and procedures for the flight to the safe, orderly and liquid handling of air traffic. It is on the defense of the public from air traffic dangers, such as in particular on a possible low Immissions load, to be taken into account.

(2) the Austro Control GmbH and the air traffic control organisations responsible in accordance with § 120 paragraph 2 may in the framework of the tasks entrusted to them air traffic control which meet necessary overall arrangements for the safe, orderly and liquid handling of air traffic. It is on the defense of the the general public from aviation. dangers, such as in particular on a possible low Immissions load, to be taken into account"

122. in section 120b paragraph 4 is the citation "Regulation (EC) No. 2096/2005 establishing common requirements for the provision of air navigation services, OJ" "No. L 335 of 21.12.2005 p. 13," through the citation "implementing Regulation (EU) No. of 1035/2011 laying down common requirements for the provision of air navigation services and amending Regulation (EC) No. 482/2008 and (EU) No. 691/2010, OJ" "No. L 271 of the 18.10.2011 p. 23, in its up-to-date version" replaced.

123. paragraph 2 the following sentence is added to section 120 c:

"The Federal Minister for transport, innovation and technology is also the competent authority within the meaning of article 3 of the implementing Regulation (EU) no 1034/2011 on safety oversight in air traffic management and the air navigation services and for amending the Regulation (EU) No. 691/2010, OJ" "No. L 271 of the 18.10.2011 S. 15."

124. the heading to § 120 d is as follows:

"Certification of air navigation service providers and hiring of qualified agencies"

125. Article 120 d para 1 fourth sentence reads:


"As an enforcement measure within the meaning of article 6 (3) of the implementing Regulation (EU) No. 1035/2011 is to be revoked if one of the certification requirements do not, or no longer satisfies the certification or violated by the air navigation service provider against obligations or obligations to be respected or supervision in accordance with article 7 of the implementing Regulation (EU) No. 1035/2011 not is made possible and this aviation security is at risk."

126. in section 120 d, paragraph 2, the phrase 'Recognition of organizations' be replaced by the phrase "Assignment of qualified agencies" and both the word "Recognition" by each, the word "Assignment" and the word "Recognition requirements" by the word "Conditions".

127. in § 120 d, paragraph 4 to 6 by the following paragraph 4 shall be replaced:

"(4) air navigation service providers have to keep a record of the hours actually worked of all holders of air traffic controller licences issued pursuant to § 57a and to make these data of Austro Control GmbH upon request of the leadership of the database in accordance with article 25 of Regulation (EU) No. 805/2011 available."

128. in § 120e, paragraph 1, the citation is "art. 2 par. 2 lit. g of Regulation (EC) No. 2096/2005 establishing common requirements for the provision of air navigation services, OJ "No. L 335 of 21.12.2005 p. 13," through the citation "article 2 Z 8 of the implementing Regulation (EU) No. 1035/2011" replaced.

129. in § 120e para 2 are quoted "article 8 of Regulation (EC) No. 2096/2005" by the citation "article 9 of the implementing Regulation (EU) No. 1035/2011" and the word "Community" replaced by the word "Territory".

130. in § 120e para 5, the citation is "article 8 of Regulation (EC) No. 2096/2005" by the citation "article 9 of the implementing Regulation (EU) No. 1035/2011" replaced and it eliminates the phrase "and to publish by the Austro Control GmbH, as well as in aviation-usual way to publish".

131. § 122 para 1 first sentence reads:

"Air navigation service providers have for the establishment, operation or significant modification of fixed installations for purposes of ATC (air traffic control equipment) at the Federal Ministry of transport, to apply for a permit innovation and technology."

132. in paragraph 122, after paragraph 4, the following paragraph 4a is inserted:

"(4a) for air traffic control equipment and fixed military installations in accordance with paragraph 4, no authorization in accordance with section 92 and section 94 is required."

133. the expression "B. behavior in the air transport." before section 124 is replaced by the following designation and title:

"Part 2

Behavior in the air transport sector"

134. paragraph 124 par. 2 and 3:

"(2) the Federal Minister for transport, innovation and technology has the tasks referred to in § 119 of the ATC and the behavior in the air transport sector, taking into consideration on a safe and rapid processing of air transport and to ward off the dangers threatening the general public from air traffic, in particular



1. the movements of aircraft in the sky and on the ground, 2 which altitudes held up the flight and 3. the applicable signals and signs regulation to regulate. As far as Union law provisions on common air traffic rules in the implementing Regulation (EU) No. 923/2012 are set, they are binding in the currently valid version. National competent authority within the meaning of these provisions is the Austro Control GmbH. The of the national transitional provisions permissible on the basis of these provisions and accompanying or implementing regulations can be set by the Federal Ministry of transport, innovation and technology, taking into consideration on the requirements of the safety of the aviation regulation.

(3) the Federal Minister for transport, innovation and technology has to make the agreement before the adoption of the regulation referred to in paragraph 2



"1 with the Federal Minister of national defence and sports, unless it is provisions, which are necessary for the safety of international civil aviation, 2nd with the Federal Ministry of science and research with respect to the Affairs of the aviation weather service (article 119, paragraph 2 lit. c), when they are with the other weather service related."

135. in article 125, paragraph 2 letter labels a) and b) c) are replaced by the digit designations "1", "2" and "3" as well as in the No. 3 after the citation "article 34 AIZ" the phrase "and the applicable Union regulations" and inserted after the phrase "documents referred to" the phrase "and the noise certificate".

136. paragraph 128 together with the heading:

"Rise let balloons, kites and Kleinluftballonen and the use of fireworks and lasers

128. (1) upgrade of balloons, kites and Kleinluftballonen security zones within and downstream from security zones is prohibited.

(2) the use of fireworks of category P2, S2, F2, F3 and F4 in accordance with the law of pyrotechnics 2010, Federal Law Gazette I no. 131/2009, within security zones is prohibited.

(3) the use of lasers of class 1M, 2M, 3R, 3B and 4 in accordance with ÖVE/ÖNORM EN 60825-1 + A11 + A2 "safety of laser products - part 1: classification of systems, requirements, and user policies" of security zones within and downstream from security zones and within a radius of 2 500 m to the airport reference point within the meaning of § 88 par. 2 is prohibited. Laser and laser equipment, which are necessary for maintenance activities, as well as for the maintenance of a safe and orderly operation of airports are excluded.

(4) without prejudice to the provisions of paragraph 1, captive balloons, kites and within a radius of 15 000 m to the airport reference point rise more than 30 small balloons, otherwise more than 100 small balloons only with the approval of the Governor are allowed if the balloon, the dragon or the small balloons allow Steighöhen of more than 100 m are allowed.

(5) the approval is granted if upgrade allowing the captive balloons, of the dragon or the small balloons could endanger neither aviation nor persons or things on the Earth.

(6) the authorisation in this respect due, limited or conditional grant, is required to as this for the prevention of hazards."

137. § 129 including header is omitted.

138. in article 130, paragraph 1, the phrase "of civil aviation equipment" is replaced by the phrase "of civilian aircraft, model aircraft or unmanned aerial vehicles".

139. in article 130, paragraph 2, used a comma after the word "Aircraft", and then inserted the phrase "model aircraft or unmanned aerial vehicles".

140. the expression "C. operation of civil aircraft" before section 131 is replaced by the following designation and title:

"Section 3

Operation of civil aircraft"

141. in section 131, paragraph 2, the term "14."; receives the Z 13 the word "and" at the end of the 12 Z is replaced by a comma; following Z 13 is inserted:



"13 whether and under what conditions the Austro Control GmbH or a required or feasible instructions or instructions (operating airworthiness directives or airworthiness instructions) with regard to the safe operation of civil aircraft in aviation-usual way to prescribe General in the interests of aviation security or publishing has on the basis of a transfer in accordance with section 140 b competent authority and" 142. section 131, paragraph 4 is:

"(4) as far as provisions on the operation of civil aircraft, issuing, maintaining, changing, the restriction, suspension, the invalidity or the revocation of an air operator certificate or special permits or authorizations, as well as issue statements about the capacity in Regulation (EC) No 3922/91 on the harmonisation of technical requirements and administrative procedures for civil aviation, OJ" No. L 373 of 31.12.1991 p. 4, or in Regulation (EC) No. 216/2008, as well as in the Regulation (EU) No. 965/2012 establishing technical requirements and administrative procedures in the flight operations in accordance with Regulation (EC) No. 216/2008, OJ No. L 296 of the 25.10.2012 S. 1, and legal in other Union regulations to Regulation (EC) No. 216/2008 are set, they are binding in the currently valid version. National competent authority within the meaning of these provisions is the Austro Control GmbH."

143. the section 131 is added following paragraph 5 to 7:


"(5) the conditions that are required for the issuance of an air operator certificate or its maintenance, does not meet and is the deficiency is not corrected within the time limit set by the Austro Control GmbH, has the Austro Control GmbH with notice officio to determine that the air operator certificate is invalid. The return of the air operator certificate is at the same time to impose. Only the requirements for a certain type of use or special permit or authorization are no longer met, the Austro Control GmbH in accordance with the interest of aviation safety to determine that the air operator certificate only in terms of this kind of usage or special permit or authorization is invalid.

(6) if in the case of a missing or not or no longer correct Declaration of competence within the meaning of Regulation (EC) No 216/2008 and Regulation (EU) fixed no. 965/2012 of the defect within the time limit set by the Austro Control GmbH, has to determine the Austro Control GmbH with notice by virtue that the aircraft should not be used. The return of issued certificates (§ 12) is at the same time to impose. Only the requirements for a certain type of use or special permit or authorization are no longer met, the Austro Control GmbH in accordance with the interest of aviation safety to determine that the aircraft only in terms of this kind of usage or special permit or authorization may not be used.

(7) in so far as the national transitional provisions allowed for the application of Union law provisions in accordance with paragraph 4, these are by the Federal Minister of transport, to set innovation and technology, taking into consideration the requirements of security of aviation regulation."

144. According to section 132, the following section 132a and heading shall be inserted:

"Guest control

section 132a. (1) where none exist inter-governmental agreements or EU law provisions, the Federal Minister for transport, innovation and technology regulation, taking into consideration can set on the public interest of aviation safety, that



1 aircraft registered. in certain States of civil air drivers with permits issued by these States to carry out the stated activities free of charge without recognition in accordance with section 18 and section 40 in the Federal territory may be operated or 2. parachutes as well as suspension and para-glider, the use of which is permitted in the Federal territory may be operated by civil Airmen with a permit issued by a particular State free of charge without recognition in accordance with section 40 in the Federal territory in § 25.

The provision of section 41 as well as the requirement of an upright insurance pursuant to section 164 or regulation (EC) No. 785/2004 remain unaffected.

(2) the regulation referred to in paragraph 1 may be taken only if the requirements pursuant to § 18 para 2 Z 1 Z 1 and § 40 paragraph 2 are met."

145. the expression "D. Special security measures"before section 134a is replaced by the following designation and heading:

"Section 4

Special security measures"

146. in article 134a, para. 1, first sentence is quoted "Regulation (EC) no 300/2008 and Regulation (EU) No. 185/2010" by the citation "Regulation (EC) No. 300/2008 concerning common rules for the safety of civil aviation, and repealing Regulation (EC) No. 2320/2002, OJ" No. L 97 of the 9.4.2008, p. 72, and of Regulation (EU) No. 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security, OJ "No. L 55 of 5.3.2010 p. 1, amended," replaced.

147. in article 134a, paragraph 1, third sentence is the phrase "employment and apprenticeships" by the phrase "the employment, education and training, and any gaps during" replaced.

148. section 134a para 2 is as follows:

"(2) an extension of the airport card is permitted only if the person concerned a further background check in accordance with paragraph 1 has undergone. Other provisions established by regulation in accordance with article 74, paragraph 1 on entering or driving on the not accessible parts of a civil airfield, as well as the right of the civil flight placeholder, each deny the entering or driving on the not accessible parts of the civil aerodrome, remain unaffected."

149. the section 134a be added following paragraph 3 to 5:

"(3) the flight crew identity card for a member of the crew busy by an air carrier may by the carriers only those persons be issued, which is a background check within the meaning of Regulation (EC) no 300/2008 and Regulation (EU) No. 185/2010 have undergone." The paragraphs 1 and 2 are to be applied mutatis mutandis.

(4) an independent validator within the meaning of Regulation (EU) No. 185/2010 may for carrying the validations only people use, the a background check within the meaning of Regulation (EC) no 300/2008 and Regulation (EU) have undergone no. 185/2010 and by the Federal Minister of transport, innovation and technology not later than is communicated until the intended commencement of activities , that the tested person within the meaning of Regulation (EC) concern no. 185/2010 No. 300/2008 and the Regulation (EU). ABS. 1 second is a fourth and final set to apply mutatis mutandis.

(5) a valid inspection certificate is for a person after reliability testing according to the § § 23 f of the military Authorization Act - MBG, Federal Law Gazette I no. 86/2000, is the requirement of reliability verification in accordance with paragraphs 1 and 3 meet."

150. the expression "E. accidents and incidents in aviation" before section 135 is replaced by the following designation and heading:

"Article 5

Accidents and incidents in aviation"

151. in article 136 par. 2, the citation is "article 2 par. 3 and 7 of the accident investigation Act, Federal Law Gazette I no. 123/2005" by the citation "article 2 Z-1 and Z 16 of the Regulation (EU) No. 996/2010 the investigation and prevention of accidents and incidents in civil aviation and to the repeal of Directive 94/56/EC, OJ" No. L 295 of the 12.11.2010 p. 35 "replaced.

152. paragraph 136 para 3:

"(3) which Austro Control GmbH is committed to the received her messages about accidents and serious incidents in accordance with article 2 1 and Z 16 of the Regulation (EU) No. 996/2010 immediately to the safety investigation authority of the Federal Government (section 2 of the accident investigation law - UUG 2005, Federal Law Gazette I no. 123/2005) forward." "The Austro Control GmbH is furthermore obliged, the safety-relevant messages immediately to the respective supervisory authority according to § 120 c and § 141, as well as the approval authority in accordance with section 1 Z 8 of airport ground handling law FBG, Federal Law Gazette I no. 97/1998 and forward as far as these messages touch one in accordance with section 140 b responsible authority the jurisdiction, also to this."

153. Article 136 para 4 and 5 is replaced by the phrase "Austro Control GmbH" the phrase "Accident investigation authority of the Federal Government".

154. the following sentence is added to the section 136 (4):

"By way of derogation from all security-relevant information, including in article 19 are para 1 of the Regulation (EU) to store no. 996 / 2010 information, evaluate and process with respect to reportable events."

155. in article 136 par. 5 and the heading to § 146 the word 'Community' is replaced by the word "Union".

156. paragraph 136 par. 6:

"(6) the information referred to in paragraph 4 and 5 are the Federal Ministry of transport, innovation and technology, the supervisory authorities in accordance with § 120 c and § 141, on the basis of a transfer in accordance with section 140 b competent authority and the approval authority in accordance with § 1 Z to make 8 FBG, can pull these it security technical teachings so. This access includes not, from where the aircraft operator, the subject of an event message is, immediately goes out."

157. the expression "IX. part: authorities and special procedural rules." before section 139 is replaced by the following designation and title:

"9th part

Authorities and special rules of procedure"

158. in paragraph 139 the previous text receives the sales designation (1); the following paragraph 2 is added:

"(2) the Austro Control GmbH is entitled in the context of administrative assistance to obtain the information necessary to carry out their statutory functions and has the organs of the Federal Government, the countries and the communities, as well as the request on the basis of a transfer in accordance with section 140 b competent authority to disclose information."

159. the following paragraph 4 is added to § the 140:

"(4) the Federal Minister for transport, innovation and technology can paragraph 8 B-VG in the Affairs of this Federal Act and the regulations adopted on the basis of this Federal Act against findings and decisions of regional administrative court and of the Handelshof due to illegality raise appeal to the Administrative Court in accordance with article 133."


160. in paragraph 140, b paragraph 1 Z 2 is the word "Light," by the phrase "Ultraleichtluftfahrzeuge; Permit the operation of model aircraft,"replaced.

161. According to section 140, b (3) the following paragraph 3a is inserted:

"(3a) which are referred to in paragraph 1 within the framework of mutual assistance representative is entitled to obtain the information necessary to carry out their statutory functions and have the institutions of the Federal Government at the request of the countries and the communities, as well as the Austro Control GmbH to provide information."

162. in paragraph 140b paragraph 5 is the phrase "generated air vehicles, aviation equipment or their construction and components or for their field of activity" is replaced by the phrase "produced or serviced aircraft, aircraft, model aircraft or unmanned aerial vehicles".

163. section 140 c is preceded by following heading:

"Fees"

164. paragraph 141 subsection 1:

"(1) civil air driver schools, schools for other civil aviation personnel, maintenance operations, development firms, manufacturing, maintenance auxiliaries, establishments for the management of continuing airworthiness, civil aerodromes, air car rental companies and air carriers are subject to the supervision of the authority which is responsible to the respective approval (regulator)." Air carriers are subject to in matters of flight operations and technical issues of the supervision of Austro Control GmbH."

165. in article 141, paragraph 2 the phrase "in accordance with Annex I, subsection G, of Regulation (EC) No. 2042/2003" is replaced by the phrase "to the management of continuing airworthiness".

166. in paragraph 141, you are para 4 to 6 by following paragraph 4 and 5 replaced:

"(4) the Austro Control GmbH or one on the basis of a transfer in accordance with section 140 b competent authority is entitled to verify the compliance with the aviation laws and safety regulations. As far as this is necessary for the proper implementation of the supervision, responsible pilots, the civil air vehicle, have to give the operators of model aircraft, as well as the holders of unmanned air vehicles any information required in the interests of aviation safety and to provide access to the onboard to leading with documents or other documents.

(5) in the case of an approval in accordance with § 9, § 126, and section 133 to the respective approval authority is entitled to check the compliance with requirements required by the interest of aviation safety, conditions and limitations. As far as this is necessary for the proper implementation of this review, responsible pilots, the marketing authorisation holder, as well as the civil air vehicle have immediately, within 72 hours after the request, to provide with any information required in the interests of aviation safety."

167. Article 141a is first rate:

"All organs that are authorized to carry out enforcement of aviation law supervisory activities, have to lead a service card and have the them to supervising."

168. in article 142, paragraph 1, the citation is "as amended by Regulation (EC) No. 793/2004, OJ" No. L 138 p. 50 "replaced by the phrase"in its up-to-date version"and the following sentence added:

"Air carriers and owners of aircraft operated in commercial air transport have takeoff and landing at a schedules facilitated or coordinated airport without in accordance with Regulation (EEC) No. 95/93 allocated slots or times, which differ considerably from the allocated slots or the use of slots in a significantly different way than stated at the time of the assignment, to refrain from."

169. the following paragraph 4 is added to § the 145:

(4) use flights "are treated as operational air traffic within the meaning of the common rules referred to in the Regulation (EU) No. 923/2012."

170. the outline name "X. part" according to the § 145 b is replaced by the outline title "10th part".

171. in article 151, paragraph 1, the phrase "the maximum weight permitted for the departure of" is replaced by the phrase "the maximum permissible take-off weight".

172. in § 156 para 2 first sentence replaced the number '100 000' the number "113-100".

173. paragraph 3 is § 156.

174. Article 160, paragraph 1 "17" by the number replaces the number "19" and the number "1 000" by the number "1 131".

175. Article 164, paragraph 2 replaces the number '100 000' the number "113-100".

176. in article 165, paragraph 1 first sentence adds a comma set and then the phrase except after the citation "§ 156 para 1" "in the case of transport with slopes - or paragliders and parachutes,".

177. in article 168, paragraph 2, the phrase will be after the reference to "article 164, paragraph 1 and 2" "or regulation (EC) No. 785/2004" inserted.

178. the outline title "XI. part" before § 169 "11" shall be replaced by the name of the outline.

179. section 169 subsection 1 No. 3 is:



"(3. folgenden unionsrechtlichen Verordnungen in der jeweils geltenden Fassung: a) of Regulation (EC) no 1008/2008 on common rules for the operation of air transport services in the Community (recast)(, b) of Regulation (EC) No 2027/97 on the liability of air carriers for the carriage of passengers and their baggage in air transport, c) of Regulation (EC) No. 785/2004 on insurance requirements for air carriers and aircraft operators" , d) of 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, e) of the Regulation (EU) No. 748/2012 establishing implementing rules for the granting of airworthiness and environmental certification of aircraft and related products , Construction and equipment parts as well as for the approval of development and manufacturing establishments, f) of Regulation (EC) No. 2042/2003 on the continuing of airworthiness of aircraft and aeronautical products, parts and appliances, and the issue of licences to organizations and persons who carry out these activities, g) of Regulation (EU) No. 1178 / 2011 laying down technical rules and administrative procedures as regards mobile workers in civil aviation in accordance with Regulation (EC) No. 216/2008 , h) of Regulation (EC) No. 549/2004 (framework regulation), i) of Regulation (EC) No. 550/2004 (the service provision Regulation), j) of Regulation (EC) No. 551/2004 (the airspace Regulation), k) of Regulation (EC) No. 552/2004 (the interoperability Regulation), l) of the implementing Regulation (EU) No. of 1035/2011 laying down common requirements for the provision of air navigation services and amending Regulation (EC) No. 482/2008 and (EU) No. 691/2010 , m) of Regulation (EU) No. 691/2010 establishing a credit system for air navigation services and network functions and amending Regulation (EC) No. 2096/2005 establishing common requirements for the provision of air navigation services, OJ No L 201 of the 03.08.2010 p. 1, n) of Regulation (EU) No. 805/2011 laying down detailed rules for air traffic controller licences and certain certificates in accordance with Regulation (EC) No. 216/2008, o) of Regulation (EC) No 3922/91 on the harmonisation of technical requirements and administrative procedures for civil aviation, p) of Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports , q) of Regulation (EU) No. 255/2010 establishing common rules for regulating traffic flow in air transport, OJ No. L 80 of 26.3.2010, p. 10) of Regulation (EC) No 261/2004 on common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91, s) of Regulation (EC) No. 1107/2006 on the rights of disabled passengers and passengers with reduced mobility , t) as carriers one of no. 2111/2005 on the establishment of a Community list of air carriers in the community an operating banned in articles 11 and 12 of Regulation (EC), and on informing air transport passengers of the identity of the operating air carrier, and repealing article 9 of Directive 2004/36/EC, OJ (Nr. L 344 vondem 27.12.2005 S. 15, genannten Verpflichtungen, u) as carriers against one in article 20 of the Regulation (EU) No. 996 / 2010 defined obligations or commitment to the creation of a suitable support plan in accordance with article 21 para 2 of the Regulation (EU) No. 996/2010, "180. In article 169, paragraph 1, the Z 3a and 4 received the labels "4" and "5."; the word 'or' is eliminated at the end of the No. 4 and the point is 5 at the end of the Z by the word "or" replaced. following no. 6 is added:



"6.

the set due to aviation regulations to create manuals or approved safety-related procedures and guidelines"181. In article 169, paragraph 1, the last sentence does not apply.

182. in article 171, paragraph 1, the phrase "or registration" is no. 4.

183. According to section 171, the following article 171a including heading shall be inserted:

"Moving of aircraft on civil aerodromes

section 171a. The holder of a civil airfield is entitled to move an aircraft in the event of one aviation authorities or on the basis of civil law provisions imposed prohibition of operating without the agreement of the aircraft operator to another storage location. The requirement about moving aircraft on civil aerodromes, as well as civil law provisions regulated in other provisions remain unaffected."

184. outline description and outline heading are before the § 172:

"12 part

Final provisions"

185. in section 172â para 1 last sentence is added the phrase "or one on the basis of a transfer in accordance with section 140 b competent authority" after the expression "Austro Control GmbH".

186th 172â paragraph 2 paragraph:

"(2) the Austro Control GmbH or one on the basis of a transfer in accordance with section 140 b competent authority may operate the means of publication referred to in paragraph 1 in electronic form. The proclamations of the municipality on the Internet under one of the Austro Control GmbH or an address to verlautbarenden b competent authority in aviation-usual manner on the basis of a transfer in accordance with section 140 to the query to take are."

187. According to § 172â, 172 the following section b together with heading is inserted:

"Linguistic equal treatment

§ 172 b. As far as the designations employed in this federal law relating to natural persons, the selected form applies to both sexes. When applying these terms to certain natural persons the respective gender-specific form be used."

188. the § 173 be added following paragraph 37 to 41:

"(37) the designation and heading before § 1, § 5, article 7, paragraph 1, 3 and 5, § 8, § 9 section 2, 5 and 6, § 10 para 1 to 3, Article 10a including heading, section 12 paragraph 4 and 5, § 15 para 1 and 2, § 16 par. 2 and 5, § 18 para 1, § 20 para. 3 and 4, § 21 para 1, the heading before section 22 and name" , the description and heading before § 24a, Article 24a including heading, section 24 b paragraph 1 and paragraph 2, labels and headings before § 25, § 26, article 31, article 33, paragraph 1, 4 and 5, § 34, section 35, which along with name and heading before section 44, § 44 para 2 to 6, article 46, paragraph 1, § 48 heading, § 52 para 2, the designation and heading before section 53, the designation and heading before § 57a , the labels and headings before section 58, § 58 para. 2 and 3, § 59, the designation and heading before section 63, § 72 para 2, the heading to § 74, section 74 paragraph 5 to 7, article 75, paragraph 1 and 2, section 78, the designation and heading before § 81, article 84, paragraph 1, section 84, paragraph 3, which including 91 b designation and heading before § 85, § 85, § 87, § 91a para 7, § heading , Article 92, paragraph 1, § 93 par. 2, article 94, paragraph 1 and 2, section 95 para 2, § 95a including heading, § 96 para 1, section 96a paragraph 4, the designation and heading before § 97, the labels and headings before § 101, § 101, article 102, paragraph 1, 2 and 4, § 103 para 1, § 106, section 107, paragraph 2, § 108 para 1 and 3, § 110, § 111 together with heading, § 112, § 113, the designation and heading before section 116 , the labels and headings before section 119, section 119, paragraph 2, article 120, paragraph 1 and 6, § 120a para 1 and 2, section 120 b para 4, § 120c para 1 and 2, § 120 d together with heading, § 120e, para. 1, 2, 4 and 5, § 121a, article 122, paragraph 1 and paragraph 4a, the designation and heading before § 124, § 125 ABS. 2, section 128 together with heading, the title and heading before § 131 , section 132a, including title, description and heading before section 134a, article 134a, designation and heading before § 135, § 136, the designation and heading before section 139, paragraph 139, section 140 b 1, 3a and 5, the heading to 140c, article 141, paragraph 1, 2, 4 and 5, section 141a, article 142, paragraph 1, section 145 (4), the outline designation according to § 145 b, the heading to § 146, article 151, paragraph 1, article 156, article 160, paragraph 1 , Section 164, paragraph 2, article 165, paragraph 1, section 168 subsection 2, the outline description § 169, article 169, paragraph 1, section 171, paragraph 1, section 171a together with the title, the description and heading before § 172, section 172â para 1 and 2, § 172 b along with headline, article 173, paragraph 31 and section 174a and heading as amended by Federal Law Gazette I no. 108/2013 apply with October 1, 2013. 57 b together with headline, article 124, paragraph 2 and 3 and section 131, paragraph 2 and 4 to 7, as amended by Federal Law Gazette I no. 108/2013 § 57a, together with heading, § with the day following the announcement in the Federal Law Gazette into force.

(38) the table of contents, article 2, section 4, paragraph 1, the terms and headings before section 11, article 11, paragraph 1, article 22, paragraph 1, article 130, paragraph 1 and 2, of section 4 according to § 24 b, § 80B heading and section 140 (4) as amended by Federal Law Gazette I no. 108/2013 with 1 January 2014 into force.

(39) section 45 with headline, article 51, including heading and section 91c come with expiration of the September 30, 2013 override. section 129 including heading occurs at the end of 31 December 2013 override.

(40) on the basis of this Federal Act in the version of Federal Law Gazette I no. 108/2013 may be regulations already before October 1, 2013 or January 1, 2014, they must be implemented at the earliest with this tag.

(41) permits in accordance with article 129, which have been granted before 1st January 2014 until the issuance of a permit in accordance with section 24c or article 24f, but no longer than until the expiration of the respective time limit or in case of an indefinite granted permission to erect 31 December 2014. "Regulations according to § 85 para 5 as amended by Federal Law Gazette I no. 108/2013 apply than regulations made pursuant to section 85 (4) as amended by Federal Law Gazette I no. 108/2013."

189. in the heading to article 174a, the phrase "and references to the notification" is appended.

190. in article 174a of the previous text receives the sales designation (1); the following paragraph 2 is added:

"(2) the Federal Act Federal Law Gazette I no. was 108/2013 in compliance 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 the 21.07.1998 p. 37, as amended by Directive 98/48/EC, OJ No. L 217 of the 05.08.1998 p. 18, the Commission of the European Union shall notify (Notifikationsnummer 2013/109/A)."

Fischer

Faymann