Amendment To The Aviation Law

Original Language Title: Änderung des Luftfahrtgesetzes

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108. Federal law amending the Aviation Act

The National Council has decided:

The Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I No 96/2013, shall be amended as follows:

1. The following table of contents shall be inserted after the title and the promulgation clause:

" TOC

Paragraph

Subject matter

Part 1

General provisions

§ 1.

Civil aviation and military aviation

§ 2.

Freedom of air space

§ 3.

Controlled airspace

§ 4.

Airspace restrictions

§ 5.

Competence to lay down airspace restrictions

§ 6.

Presentation of airspace restrictions

§ 7.

Practice areas and test areas

§ 8.

Overflying the federal border

§ 9.

External landings and external flights

§ 10.

Non-bewilligate external landings and external flights

§ 10a.

Jumps with parachutes and departures with hangings or paragliders

Part 2

Aircraft, aeronautical equipment, flight models and unmanned aerial vehicles

Section 1

Aircraft

§ 11.

Definition

§ 12.

Conditions for use in the flight

§ 13.

Holder of an aircraft

§ 14.

No

§ 15.

Nationality

§ 16.

Aircraft registers

§ 17.

Airworthiness

§ 18.

Conditions for the use of foreign aircraft in the flight

§ 19.

Determination of the lack of conditions for use in the flight and revocation of the recognition

§ 20.

Interim authorisation for civil aircraft

§ 21.

Construction, inspection and equipment of aircraft

Section 2

Aircraft

§ 22.

Definition

§ 23.

Civil Aeronautical Equipment

§ 24.

Military Aeronautical Equipment

Section 3

International provisions

§ 24a.

EU legislation

§ 24b.

Transfer of tasks under Art. 83bis of the Convention on International Civil Aviation

Section 4

Flight models and unmanned aerial vehicles

§ 24c.

Flight Models

§ 24d.

Unmanned devices up to 79 joules of maximum kinetic energy

§ 24e.

Model Airfields

§ 24f.

Unmanned aerial vehicles of class 1

§ 24g.

Unmanned aerial vehicles of class 2

§ 24h.

Airworthiness and operating conditions

§ 24i.

Unmanned weather balloons

§ 24j.

EU legislation

§ 24k.

Cross-border flights of unmanned aerial vehicles of Class 1 and 2

§ 24l.

Data protection

Part 3

Aviation staff

Section 1

Civil aviation personnel

§ 25.

Definition

§ 26.

Civil aviation-identity card

§ 27.

Civil Aviation

§ 28.

Other civil aviation personnel

§ 29.

Types and periods of validity of the civil aviation licence

§ 30.

Conditions for the grant of a civil aviation driver

§ 31.

Minimum age

§ 32.

Reliability

§ 33.

Suitability

§ 34.

Airports

§ 35.

Refusal of a certificate of deafness, issuing by the Authority

§ 36.

Professional competence, civil aviation test

§ 37.

Conduct of the audit

§ 38.

Appointment of members of Civil Aviation Examination Committees

§ 39.

Test staxes and reviewer remuneration

§ 40.

Recognition of foreign licences

§ 41.

Foreign civil aviation certificates, allowances and certificates of fitness according to the rules of the Joint Aviation Authorities (JAA)

§ 42.

Flight Book

§ 43.

Revocation and disregard

Section 2

Training of civil aviation personnel

§ 44.

Training of civil aviation personnel

§ 45.

No

§ 46.

Approval procedure

§ 47.

Training operation underpits

§ 48.

Revocation of approval

§ 49.

Civil Aircraft Instructor

§ 50.

Prerequisite for the granting of civil flight teacher authority

§ 51.

No

§ 52.

Exercise and examination flights

Section 3

Military Aeronautical Staff

§ 53.

Definition

§ 54.

Military Air Drivers

§ 55.

Other military aeronautical personnel

§ 56.

Military air travel-identity card

§ 57.

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

Section 4

Common provisions

§ 57a.

EU legislation

§ 57b.

Civil aviation personnel-Instructions and civil aviation personnel-Instructions

Part 4

Airports

Section 1

Common provisions

§ 58.

Airports

§ 59.

Soil facilities

§ 60.

Civilian airfields and military airfields

§ 61.

Use of civilian airfields for military air travel purposes

§ 62.

Use of military sites for civil aviation purposes

Section 2

Civil Airfields

§ 63.

Public and private airfields

§ 64.

Airports

§ 65.

Airfields

§ 66.

Civil Airfield Regulation

§ 67.

Pre-work for civilian airfields

§ 68.

Civil Airfield-Approval

§ 69.

Request for the issuing of a civil airfield permit

§ 70.

Examination of the project

§ 71.

Conditions of the Civil Aviation Area-Approval

§ 72.

Communication on the Civil Aviation Area-Approval

§ 73.

Operating permit

§ 74.

Operation in civilian airfields and civil airfield use conditions

§ 75.

Operation of civilian airfields

§ 76.

Subsaiance of the civil airfield operation

§ 77.

Withdrawal of the Civil Aviation Area-Approval

§ 78.

Approval of civil ground facilities

§ 79.

Conditions for the approval of civil ground facilities

§ 80.

Demolition of civilian ground facilities

§ 80a.

Presence of dangerous substances

§ 80b.

Hospital Helicopter Landing Areas

Section 3

Military Airfields

§ 81.

Pre-work for military airfields

§ 82.

Erection, reorganisation and dismissal of military airfields

§ 83.

Objections to the intended erection or extension of a military airfield

§ 84.

Establishment and amendment of military ground facilities

Part 5

Air hazards

§ 85.

Definition

§ 86.

Security zones

§ 87.

Security Zone Regulation

§ 88.

Security Zone Plan

§ 89.

Presentation of the safety zones regulation

§ 90.

Presentation in the land register

§ 91.

Air hazards outside of safety zones

§ 91a.

Display Method

§ 91b.

Existing obstacles to aviation

§ 92.

Exception

§ 93.

Responsibility

§ 94.

Installations with optical and electrical interference

§ 95.

Marking of air traffic obstacles

Section 95a.

Notification of air traffic obstacles

§ 96.

Obligation to rectify

§ 96a.

Additional requirements

Part 6

Expropriation for the purpose of aviation

§ 97.

Right of expropriation

§ 98.

Expropriation Value

§ 99.

Application of the Railways-Enpropriation Compensation Act

§ 100.

Meetings with other expropriation rights

Part 7

Air carriers and aircraft-hire companies

Section 1

Air carriers

§ 101.

Definition

§ 102.

Approval

§ 103.

Auxiliary businesses

§ 104.

Requirements of the application for the granting of the transport permit

§ 105.

Examination of the project

§ 106.

Conditions of transport authorization

§ 107.

Notification of the transport permit

§ 108.

Operating permit

§ 109.

Operation of the transport operation

§ 110.

Revocation of the transport permit

§ 111.

Commercial carriage by motorized suspension or paragliding ladders, paragliders or parachutes

§ 112.

Transport of mail

§ 113.

Right of injunction

Section 2

Aircraft Rental Companies

§ 116.

Rental permit

§ 117.

Conditions for the granting of the rental permit

§ 118.

Revocation of the rental permit

8. Part

Safety of aviation, operation of civil aircraft and special security measures

Section 1

Air navigation

§ 119.

Definitions

§ 120.

Perception of air traffic control

§ 120a.

General air traffic control arrangements

§ 120b.

Liability and insurance

§ 120c.

Supervision

§ 120d.

Certification of air navigation service providers and the commissioning of qualified jobs

§ 120e.

Provision of technical services by operational organisations and other third parties

§ 121.

Area of air traffic control

§ 121a.

International agreements

§ 122.

Air navigation services

§ 123.

Pre-work for air traffic control systems

Section 2

Behaviour in air transport

§ 124.

Air traffic rules

§ 125.

Responsible pilot

§ 126.

Civil aviation events

§ 127.

Military aviation events

§ 128.

Increasing the number of festivities, dragons and small-air balloons, as well as the use of fireworks and lasers

§ 130.

Aerial photographs

Section 3

Operation of civil aircraft

Section 131.

Operating rules

§ 132.

Special use of civil aircraft

§ 132a.

Guest air control

§ 133.

Dropping things

§ 134.

Transport rules

Section 4

Special security measures

§ 134a.

Security measures in the field of civil aviation

Section 5

Accidents and incidents in air transport

§ 135.

Search and rescue

§ 136.

Reporting requirements

§ 137.

Flight accident investigations

§ 138.

Admission of foreign military bodies

Part 9

Authorities and special procedural rules

§ 139.

Austro Control GmbH

§ 139a.

Dispute settlement

§ 140.

Oberbehörde and Instanzenzug

§ 140a.

The municipality's own sphere of action

§ 140b.

Delegation of responsibilities

§ 140c.

Fees

§ 140d.

Participation of the security authorities

§ 141.

Supervision

§ 141a.

Evidence for supervisory bodies

Section 142.

Flight plan facilitator and flight plan coordinator

§ 143.

Civil aviation advisory board; members of the same

§ 144.

Meetings of the Civil Aviation Advisory Council

§ 145.

Operational flights

§ 145a.

Military operational air traffic

§ 145b.

Projects in accordance with the Environmental Impact Assessment Act

Part 10

Liability and insurance law

Section 1

Scope

§ 146.

Relationship with international law and the law of the European Union

§ 147.

Liability for postal items

Section 2

Liability for non-promoted persons and property

§ 148.

Third-party liability

Section 149.

§ 150.

§ 151.

Maximum liability amounts

§ 152.

§ 153.

§ 154.

Reliance and compensation claim

§ 155.

Notification duty

Section 3

Liability arising from the contract of carriage

§ 156.

Liability for passengers

§ 157.

Contractual and performing carrier

§ 158.

Liability for goods carried

§ 159.

§ 160.

Limitations of liability

Section 4

Common rules on liability

Section 161.

Co-inflicted by the injured party

§ 162.

Application of the ABGB

§ 163.

Place of jurisdiction

Section 5

Insurance and advance duty

§ 164.

Liability insurance

§ 165.

Advance duty

§ 166.

Direct Klaequitable

§ 167.

Principles for insurance

§ 168.

Proof of insurance

11. Part

Criminal provisions and instigate coercion and security measures

§ 169.

Criminal provisions

§ 170.

List of punishments

§ 171.

Special safeguards

§ 171a.

Displacement of aircraft on civilian airfields

12. Part

Final provisions

§ 172.

References

§ 172a.

Reconnaiation in a conventional airway

§ 172b.

Linguistic equality

§ 173.

In-and out-of-power

§ 174.

Expiry of previous legislation

§ 174a.

References to directives and references to the notification

§ 175.

Enforcement "

2. The Expression " I. Part: General provisions. " before § 1 is replaced by the following name and heading:

" 1. Part

General provisions "

3. In § 2, the word order shall be "Aircraft and Aeronautical Equipment" through the phrase "Aircraft, aeronautical equipment, flight models and unmanned aerial vehicles" replaced.

4. In § 4 (1), the following shall be given after the word "Aircraft" Put a dash and then the phrase "Flight models, unmanned aerial vehicles" inserted.

5. In § 5 (1) and (3), the citation shall be " § 4 para. 1 lit. a and b " through the citation "§ 4 (1) (1) and (2)" as well as the citation "§ 4 para. 1 lit. c" through the citation "§ 4 (1) Z 3" replaced.

6. Section 5 (6) is deleted.

7. The following sentence shall be added to Article 7 (1):

"Outside of a practice area, single flights of persons who are not holders of the necessary aeronatal licence may only be carried out within the framework of practical training pursuant to § 52 (2)."

8. In § 7 para. 3, second sentence, after the word order "to approve" the phrase "or Allowed" inserted.

9. The following paragraph 5 is added to § 7:

"(5) Training and testing areas referred to in paragraphs 3 and 4, which are to be set up only for a period not exceeding six months, can be made available in a customary manner in the air travel mode."

10. § 8 reads:

" § 8. (1) Without prejudice to the provision of the second paragraph, submissions to the federal territory and excursions from the territory of the Federal Republic of Germany shall be permitted in the case of non-European Union states and/or States which belong to the European Union, but which do not belong to a Contracting State pursuant to Section 1 (6) of the Border Control Act, BGBl. No 435/1996,

1.

after or from airports (§ 64) or

2.

for military purposes to or from military airfields (§ 60)

are carried out. In addition, the Federal Minister of Transport, Innovation and Technology can determine by means of a regulation, according to and from which flight fields (§ 65) these on-and excursions are permissible and which procedure must be observed before such entry and outings. One-and-a-day trips to from these airfields or to/or of military airfields may be carried out only if compliance with the rules on the crossing of borders is ensured. Appropriate provision should be made for the possibility of border management. The provisions of Section 31 of the Customs Law Implementing Act, BGBl. No 659/1994, remain unaffected.

(2) The Federal Minister for Transport, Innovation and Technology shall, in the light of the safety of aeronautics, lay down by Regulation:

1.

whether and under which conditions the Austro Control GmbH is required to enter the territory of the Federal Republic of Germany and to take a trip from the territory of the Federal Republic of Germany, and to the unlandleless overflying of the latter, and

2.

Under which conditions the Austro Control GmbH may, on request, grant exemptions from the provisions of paragraph 1 in individual cases.

(3) The Regulation referred to in paragraph 2 shall be adopted in agreement with the Federal Minister for the Interior and Finance.

(4) Excursions to and excursions from the federal territory as well as landless overflights with foreign military aircraft may only be carried out with the permission of the Federal Minister for National Defense and Sport. The Federal Minister for European and International Affairs is to be heard prior to the granting of this authorisation. The procedures for this authorisation shall be determined by the Federal Minister for National Defence and Sport and shall be made available in an airfield manner. "

11. In Article 9 (2), the following sentence shall be inserted after the first sentence:

"The application for the approval of external flights and external landings shall be submitted by the holder or responsible pilot of the civil aircraft."

12. § 9 (5) last sentence is deleted.

13. The following paragraph 6 is added to § 9:

"(6) The provisions of Para. 1 to 4 shall also apply to the movement with the own power of aircraft on the ground."

14. In § 10 (1), the letter names shall be: "(a)" , "(b)" and "c)" by the number designations "1." , "2." and "3." replaced.

Section 10 (1) Z 2 reads as follows:

" 2.

for landings and departures in the course of rescue or disaster operations, of the operations of the demining service and in the case of accident investigations in accordance with § 137, "

16. In § 10 para. 1, the point at the end of the Z 3 is given by the word "and" , the following Z 4 shall be added:

" 4.

for external departures of hangings or paragliders. "

17. In § 10 (2) and (3), the citation shall be "lit. a" through the citation "Z 1" replaced.

18. In accordance with § 10, the following § 10a and title shall be inserted:

" Jumps with parachutes and departures with hangings or paragliders

§ 10a. Civil parachute jumps can only be carried out from aircraft from a minimum altitude of 600 m above ground level. Except in the context of an aeronautical event approved in accordance with section 126, departures with hangings or paragliders shall not be carried out from aircraft, bridges, towers, buildings and the like. "

19. The expressions " II. Part: Aircraft and Aeronautical Equipment. " and " A. Aircraft. " before § 11 are replaced by the following names and headings:

" 2. Part

Aircraft, aeronautical equipment, flight models and unmanned aerial vehicles

Section 1

Aircraft "

20. The following sentence shall be added to Article 11 (1):

"For flight models and unmanned aerial vehicles, the definitions shall be applied in accordance with § § 24c, 24f and 24g."

21. In § 12, paragraph 4 receives the sales designation "(5)" ; the following paragraph 4 is inserted:

" (4) The Council Regulation (EC) No 216/2008 laying down common rules in the field of civil aviation and establishing a European Aviation Safety Agency, repealing Council Directive 91 /670/EEC, which provides for Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, OJ L 346, 31.12.2002, p. No. L 79 of 19.3.2008 S.1, as amended, for the permissible use of a civil aircraft and permits are also valid if the civil aircraft outside the scope of application of the Regulation (EC) No 216/2008, provided that the provisions of European Union law at least meet the same requirements as those applicable in Austria. "

22. In § 15 (1), after the word "Flag" the phrase "and the colours of the Republic of Austria" inserted.

23. In § 15 (2), after the word order "Austro Control GmbH" the phrase "or by a competent authority on the basis of a transfer pursuant to § 140b of the Management of the Aircraft Register" inserted.

24. In § 16 paragraph 2 Z 1 lit. a becomes after the phrase "located in Germany" the phrase "and deliveries shall not be ensured by state contracts with the State Party of residence or otherwise" inserted.

25. In § 16 paragraph 2 Z 2 lit. b becomes after the phrase "legal person" the phrase "or registered partnership" as well as following the phrase "in Germany" the phrase "and deliveries shall not be ensured by state contracts with the State Party of residence or otherwise" inserted.

26. The following paragraph 5 is added to § 16:

"(5) For a civil aircraft which is the subject of an individual agreement or a detailed specification in accordance with § 24b, the conditions laid down in Section 2 (2) (1) shall not apply."

27. In § 18 (1) Z 2, the word "Community law" by the word "Union Legal" as well as the point at the end of the sentence by the word "or" replaced.

28. The following Z 3 is added to Section 18 (1):

" 3.

these are covered by an individual agreement or a detailed definition in accordance with Section 24b. "

29. The following paragraphs 3 and 4 are added to § 20:

" (3) An interim authorisation in accordance with paragraph 1 shall not be required if the civil aircraft shall be subject to a flight authorisation in accordance with Annex I (Part 21) Section P of Regulation (EU) No 748/2012 laying down the implementing rules for the issue of: Airworthiness and environmental events for aircraft and related products, construction and equipment, and for the approval of development and manufacturing operations, OJ L 327, 30.4.2004, p. No. OJ L 224, 21.08.2012 p. 1, as amended, has been issued.

(4) A civil aircraft with a flight authorisation in accordance with Annex I (Part 21) Section P of Regulation (EU) No 748/2012 may only be used if an insurance coverage corresponding to in accordance with Section 164 or Regulation (EC) No 785/2004 is maintained , and the approved flight conditions are complied with. In the case of flights for testing or testing the civil aircraft, care must be taken to ensure that the other participants in the air transport sector, as well as persons and property on the ground, are not at risk. "

30. In § 21 (1) Z 9 the word order shall be " in accordance with Annex I, Subsection G, Regulation (EC) No 2042/2003, OJ L 327, 30.4.2003, p. No. OJ L 315, 28.11.2003 p. 1, through the phrase "to guide the maintenance of airworthiness" replaced.

31. The Expression " B. aeronautical device. " before section 22 is replaced by the following title and heading:

" 2. Section

Aeronautical Device

32. In Section 22, Section 1, Z 2, after the phrase "Aircraft (§ 11)" the phrase "or flight model (§ 24c) or unmanned aircraft (§ 24f and § 24g)" inserted.

33. The expression " C. International provisions " before § 24a is replaced by the following name and heading:

" 3. Section

International provisions "

34. In the title to § 24a and in § 120e para. 4, the word shall be "Community legal" by the word "Union law" replaced.

§ 24a (1) (2) (2) reads:

" 2.

in Regulation (EU) No 748/2012 and Regulation (EC) No 2042/2003 on the maintenance of the airworthiness of aircraft and aeronautical products, parts and equipment and the granting of authorisations for Organisations and persons carrying out these activities, OJ L 327, 28.4.2002, No. OJ L 315, 28.11.2003 p. 1,

36. In § 24a (2), Section 57a (2), § 120 (1), § 120c (1), § 121a, § 125 (2) and § 173 (31), the word shall be given in each case. "Community law" by the word "Union Legal" replaced.

37. § 24b (1) last sentence reads:

"The execution of the provisions laid down in the framework agreements shall be carried out by the Austro Control GmbH in compliance with the provision of the second paragraph."

38. In Section 24b (2), the word "Agreements" in each case by the word "Festings" and the word "Agreement" in each case by the word "Setting" replaced.

39. According to § 24b, the following 4. Section inserted:

" 4. Section

Flight models and unmanned aerial vehicles

Flight Models

§ 24c. (1) Flight models are unmanned equipment which is not used for defence of the country and which can be used independently in the flight in direct visual connection to the pilot without any technical aids; and

1.

within a radius of not more than 500 metres, and

2.

exclusively free of charge and not for commercial purposes in the leisure sector and solely for the purpose of the flight itself,

are operated.

(2) Flight models weighing up to and including 25 kg may be operated without authorization in accordance with paragraph 3. The pilot always has to ensure that the operation of these flight models does not endanger any person or property.

(3) Flight models weighing more than 25 kg may only be operated with the approval of Austro Control GmbH or a competent authority based on a transmission according to § 140b. This authorisation shall be granted if:

1.

it can be made credible by the presentation of a certificate that the flight model complies with the airworthiness requirements laid down in § 24h and meets the operational requirements laid down in § 24h, and

2.

the operation of the flight model does not endanger the public interest in the safety of aviation.

The Austro Control GmbH or a competent authority on the basis of a transfer pursuant to § 140b has to determine, in accordance with § 24h, the conditions for the safety of aviation safety in accordance with § 24h. the issue of a certificate in the sense of the Z 1 must be fulfilled. Permits issued by a Member State of the European Union or by a State equivalent to that of an intergovernmental agreement shall be granted by Austro Control GmbH or by a transfer pursuant to § 140b competent authority to the extent that at least the same airworthiness and operational requirements are placed in the respective State.

(4) The authorization referred to in paragraph 3 shall be conditional, limited and subject to conditions, in so far as it is necessary in the interests of the safety of aviation. The authorization shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed.

(5) At the request of the operator (§ 13) of the flight model, Austro Control GmbH or a competent authority for individual cases in accordance with § 140b may, for individual cases, exceptions to the operating condition for flight models according to paragraph 1 (1) Z 1 , if it does not jeopardie the public interest of aviation safety. This derogation shall be conditional, limited or subject to conditions as to the extent to which it is necessary for the prevention of risks to the safety of aviation. The authorization shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed. The provisions of paragraphs 3 and 4 shall remain unaffected.

(6) The provisions relating to liability and insurance in accordance with § § 146 to 168, which are applicable to the aircraft independently in flight, shall apply to flight models, the operator of the flight model being the holder within the meaning of these provisions. shall apply.

(7) Any provisions concerning the operation of flight models adopted by the Federal Minister of Transport, Innovation and Technology in a regulation pursuant to § 124 shall remain unaffected.

(8) The operation of a flight model within security zones at military airfields is only permitted with the approval of the Federal Minister for National Defence and Sport. This authorization shall be conditional, limited or subject to conditions, in so far as it is in the interests of the safety of the aviation sector or is required in the interest of national defence. The authorization shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed.

Unmanned devices up to 79 joules of maximum kinetic energy

§ 24d. In so far as unmanned equipment with a maximum kinetic energy of less than or equal to 79 Joules, which can be used independently in the flight, is operated no more than 30 metres above ground, it must be ensured that the operation does not include any persons or put things at risk. Apart from this, these devices do not fall within the scope of this federal law.

Model Airfields

§ 24e. (1) If flight models are operated within model airfields, the pilot may deviate from the operating condition for flight models in accordance with Section 24c (1) Z 1 without authorization in accordance with Section 24c (5). The remaining provisions of Section 24c shall remain unaffected.

(2) Model aerodros shall be the Austro Control GmbH from the authorized user, indicating the location, the operating modes and operating times, and shall be made known by this air travel standard.

Unmanned aerial vehicles of class 1

§ 24f. (1) Unmanned aerial vehicles of category 1 are unmanned vehicles which are not used for defence purposes and which can be used independently in the flight and in direct connection to the pilot without any technical aids.

1.

also within a radius of more than 500 m and/or

2.

for remuneration or for commercial purposes or for purposes other than those referred to in Article 24c (1) (2)

are operated.

(2) Unmanned aerial vehicles of class 1 may only be operated with the approval of Austro Control GmbH or a competent authority based on a transmission according to § 140b. This authorisation shall be granted if:

1.

can be made credible by the applicant that the unmanned category 1 aircraft complies with the airworthiness and operational requirements laid down in § 24h, and

2.

the operation of the unmanned aircraft of category 1 does not jeopardise the public interest in the safety of aviation.

(3) The authorization referred to in paragraph 2 shall be conditional, limited and subject to conditions, in so far as it is necessary in the interests of the safety of aviation. The authorization shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed. Permits or certifications issued by a Member State of the European Union or by a State equivalent to that provided by the intergovernmental agreement shall be granted by Austro Control GmbH or by a transfer by the State concerned by a transfer in accordance with § 140b of the competent authority, where at least the same airworthiness and operational requirements are made in the respective State.

(4) The provisions of § 13 and § 17 as well as the provisions on liability and insurance applicable to aircraft are to be applied in accordance with § § 146 to 168. § 136 shall also be applied, the unmanned aircraft of category 1 being considered as a civil aircraft within the meaning of this provision.

(5) Any provisions adopted by the Federal Minister of Transport, Innovation and Technology in a regulation pursuant to Section 124 concerning the operation of unmanned aerial vehicles of class 1 shall remain unaffected.

(6) The operation of an unmanned aerial vehicle of class 1 within safety zones at military airfields is permitted only with the approval of the Federal Minister for National Defence and Sport. This authorization shall be conditional, limited or subject to conditions, in so far as it is in the interests of the safety of the aviation sector or is required in the interest of national defence. The authorization shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed.

Unmanned aerial vehicles of class 2

§ 24g. (1) Unmanned aerial vehicles of category 2 are unmanned vehicles which are not used for defence purposes and which can be used independently in flight and which are operated without a visual connection.

(2) For unmanned aerial vehicles of category 2, all the provisions of this Federal Act or of regulations adopted pursuant to this Federal Act shall be applied to civil aircraft and their operation. The Federal Minister for Transport, Innovation and Technology may lay down special provisions for unmanned aerial vehicles of category 2 by means of a regulation, if this does not jeopardise the public interest of aviation safety.

Airworthiness and operating conditions

§ 24h. The airworthiness and operational requirements for flight models and unmanned class 1 aircraft, required for the safety of aviation, shall be from Austro Control GmbH, or from a transfer in accordance with § 140b of the competent authority by means of airworthiness or operational instructions to be required and made available in the usual airway. In particular, the nature and extent of the checks required for the determination of airworthiness, the marking, the equipment requirements and the qualification required for the operation shall be laid down for the pilot. These airworthiness and operational instructions must be observed and observed by the operators of the flight models as well as the holders of the unmanned aerial vehicles of class 1.

Unmanned weather balloons

§ 24i. By way of derogation from Section 24g (2), unmanned weather balloons may, in accordance with the conditions laid down by the Federal Minister for Transport, Innovation and Technology, in this connection, be subject to the public interest of aviation safety in a Regulation in accordance with Section 124. The provisions relating to liability and insurance in accordance with § § 146 to 168, which are applicable to the aircraft independently in flight, shall apply to unmanned weather balloons.

EU legislation

§ 24j. Insofar as provisions relating to airworthiness, noise admissibility, the maintenance of airworthiness, flight operations and pilots of unmanned aircraft are laid down in Regulation (EC) No 216/2008 and in Regulations (EU) No 748/2012 and (EC) No 2042/2003 and in the Implementing Regulation (EU) No 923/2012 establishing common air traffic rules and operating rules for air traffic control services and procedures, OJ L 206, 22.7.2012, p. No. 1, and other implementing regulations, as set out in Regulation (EC) No 216/2008, these are binding in the version in force. For the purposes of these provisions, the competent national authority shall be the Austro Control GmbH.

Cross-border flights of unmanned aerial vehicles
of class 1 and 2

§ 24k. Cross-border flights with unmanned aerial vehicles of category 1 and 2 into the territory of the Federal Republic of Germany may only be carried out if they have the Austrian nationality or if they are based on the European Union law referred to in § 24j Regulations are certified or approved or have been issued by the Austro Control GmbH for an authorization. This authorisation may be granted only if at least the same requirements as in § 24f and § 24g are made in the State of origin of the operator or in the State of registration of the unmanned aerial vehicle. The authorization shall be conditional, limited and subject to conditions, in so far as it is necessary in the interests of the safety of aviation. The authorization shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed.

Data protection

§ 24l. The admissibility or Approval of the operation of flight models or unmanned aerial vehicles of class 1 and 2 according to § § 24c to 24k shall release the operators or Pilots are not affected by their obligation to protect the overriding protection interests of persons affected, in particular in accordance with § § 7 et seq. in conjunction with § 6 and § § 50a et seq. of the Data Protection Act 2000-DSG 2000, BGBl. I No 165/1999. '

40. The expressions " III. Part: Aviation personnel. " and " A. Civil aviation personnel. " before § 25 shall be replaced by the following names and headings:

" 3. Part

Aviation staff

Section 1

Civil aviation personnel "

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

§ 31 reads:

" § 31. (1) The minimum age for obtaining a civil aviation certificate shall be at least 15 years and not more than 21 years. Within this framework, the Federal Minister for Transport, Innovation and Technology has the minimum age for all types of civil aviation and civil aviation licences, in accordance with the conditions laid down for their obtaining to establish the necessary mental and physical maturity by means of a regulation.

(2) Non-self-authorised persons shall only be granted a civil aviation certificate if they have demonstrated the agreement of their legal representative for the application of the application for the grant of the civil aviation certificate. "

43. § 33 (1) first sentence reads:

" The physical and mental fitness (§ 30 para. 1 lit. (c) unless otherwise specified in a regulation pursuant to paragraph 3, it shall be demonstrated by an airborne medical certificate issued by a flight medical body (§ 34) or by the supervisory authority (§ 34 para. 3). "

44. § 33 (4) and (5) reads:

" (4) The supervisory authority (§ 34 para. 3) is entitled to process medical data which it receives through reports transmitted by flight medical authorities or by its own investigation pursuant to section 34, para. 4, in order to obtain knowledge of whether or not

1.

in the case of civil aviation holders-personnel identification (§ 25), where appropriate, there is a need for fitness and

2.

(§ 34) comply with the obligations to be complied with in the exercise of its powers.

(5) Each holder of an Austrian licence provided for in § 26 or equivalent to a foreign permit recognized in accordance with § 40 or equivalent pursuant to § 41 or § 132a is in the case of doubt in the presence of his or her physical and mental Suitability shall be subject to the exercise of his or her right to refrain. The Federal Minister of Transport, Innovation and Technology has a regulation to determine whether and to what extent there are doubts about the existence of the physical fitness of a flight medical agency or of the supervisory authority (§ 34 para. 3). "

§ 34 reads:

" § 34. (1) The issuance of an aeroplane medical certificate has to be carried out at a medical point of the flight. In accordance with the provisions of Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures with regard to the flying personnel in civil aviation, as referred to in Regulation (EC) No 1178/2011, the flight medical authorities shall be subject to the following conditions: N ° 216/2008, OJ L 327, No. 1, recognised aviation experts and aeronated medical centres in accordance with the provisions of Regulation (EU) No 1178/2011.

(2) The Federal Minister of Transport, Innovation and Technology, taking into account the requirements of aviation safety and the nature and extent of the studies required for the determination of the suitability of the aeronautical system, shall be accompanied by the necessary studies. Regulation in particular:

1.

the powers of flight medical authorities to carry out flight medical examinations and to issue aeroplane medical certificates; and

2.

the obligations to be complied with by the aeromedical body; and

3.

the conditions for revocation of the powers of a flight medical authority.

(3) Flight medical authorities shall be subject to the authority of the authority responsible for the granting of the respective recognition or certification in accordance with § 57a (supervisory authority). The provision of section 141 (2) and (3) shall apply mutatily.

(4) The air medical centre is obliged to submit a written report to the supervisory authority (paragraph 1) of any investigation carried out. 3). The contents of the report of the airfield office must be limited to ensuring the objectives set out in § 33 para. 4 and is to be determined by regulation of the Federal Minister of Transport, Innovation and Technology. The Federal Minister of Transport, Innovation and Technology may, in the light of the requirements of aviation safety and expediency, determine cases in which the transmission of a report can be completely omitted. The Supervisory Authority (par. 3) is obliged to provide the documentation of a person's past investigations to a flight medical centre, in so far as this is used to assess the suitability of that person on the occasion of a new investigation is required. "

§ 35 reads:

" § 35. (1) If the aeronical medical centre finds that an applicant for a certificate of fitness for a certificate is not required to be able to take part in the flight, or if the aeronical medical authority is required to issue the certificate pursuant to Article 34 (2) (1) (1) of the The applicant and the supervisory authority (Section 34 (3)) shall be notified without delay of the certificate. A new assessment of the required suitability by a medical centre is no longer permitted.

(2) The applicant for a certificate of exchange may apply to the Supervisory Authority (Section 34 (3)) for the issuance of a certificate of suitability for the certificate after a notification in accordance with Section 34 (3). In this case, the supervisory authority (Section 34 (3)) must assess the suitability of the applicant and, if necessary, issue the relevant certificate of dives or dismiss the application with a communication. "

47. The Expression " B. Training of civil aviation personnel " before § 44 is replaced by the following title and heading:

" 2. Section

Training of civil aviation personnel "

48. In § 44, paragraphs 2 to 7 are replaced by the following paragraphs 2 to 6:

" (2) The Federal Minister of Transport, Innovation and Technology shall, in accordance with the requirements of aviation safety and with reference to the nature and extent of the necessary training, shall include the types of civil aviation schools, including: the powers of training of which to determine the conditions for a permit in accordance with § 46 and the obligations to be fulfilled in the course of training activities.

(3) Austro Control GmbH or a competent authority responsible for transmission pursuant to § 140b may, on the basis of the regulations referred to in Article 36 (2) and (2), be able to apply for the respective types of civil aviation and related Define training contents, including curricula to be observed by civil aviation schools, and express them in the usual way in the air.

(4) The applicant for a civil aviation school has, in any case, without prejudice to the conditions to be fulfilled in accordance with a regulation in accordance with paragraph 2 of this Article

1.

to have a place of residence or registered office in Germany; and

2.

to prove its reliability (§ 32).

(5) The Federal Minister of Transport, Innovation and Technology may, in accordance with the requirements of aviation safety, lay down by Regulation whether and to what extent the other civil aviation personnel should be trained in schools is or can be trained. These schools are to be approved by the Austro Control GmbH. § § § 46 to 48 shall apply in accordance with the applicable law. If the authorisation also includes the authorisation to verify the professional competence in accordance with § 28 (3), there is a duty to do so in this respect.

(6) In so far as the Joint Aviation Authorities (JAA) or other international bodies have adopted regulations concerning the training of other civil aviation personnel and the conditions for the approval of such schools, it may be possible to: Regulation of the Federal Minister of Transport, Innovation and Technology, that these rules should be applied. Section 6, second to fourth sentence, shall remain unaffected. "

49. § 45 together with the title shall be deleted.

50. In § 46 (1) the word is deleted "approved" .

51. The heading to § 48 reads:

"Revocation of approval"

52. In § 48, the word order is deleted "the registration (§ 45) or" .

53. § 51 with headline shall be deleted.

54. In § 52, paragraph 2, after the citation "§ 36 (2)" the phrase "or in accordance with the provisions of European Union law within the meaning of § 57a" inserted.

55. The Expression " C. Military aviation personnel. " before § 53 is replaced by the following name and heading:

" 3. Section

Military Aeronautical Staff "

56. The Expression " D. Community legislation " before § 57a is replaced by the following name and heading:

" 4. Section

Common provisions

57. § 57a shall be preceded by the following heading:

"Union law provisions"

Section 57a (1) reads as follows:

" (1) As far as provisions relating to civil aviation and other civil aviation personnel are laid down in Regulation (EC) No 216/2008 and in Regulation (EC) No 2042/2003, in Regulation (EU) No 1178/2011, in Regulation (EU) No 805/2011 on laying down detailed rules for air traffic controller licences and certain certificates in accordance with Regulation (EC) No 216/2008, OJ L 327, 30.4.2008, p. No. 21, and in other implementing regulations of the Union to Regulation (EC) No 216/2008, these are binding in the version in force. The provisions relating to the examination commissions pursuant to § 37 (1) and (3), (38) and (39) shall apply in accordance with the provisions of the Staff Regulations of the Exempt Persons. "

(59) The following paragraphs 3 to 6 are added to § 57a:

" (3) Competent national authority within the meaning of the provisions of the Union law referred to in paragraph 1 shall be the Austro Control GmbH unless otherwise specified in paragraphs 4 and 5 of this Article. With regard to the light aircraft pilot licences for aeroplanes (LAPL (A)) and for helicopters (LAPL (H)), as well as the relevant training organisations and the relevant audit system, the competent national authority is in accordance with the Regulation (EU) No 1178/2011, Austro Control GmbH, or a competent authority based on a transfer pursuant to § 140b.

(4) Competent national authority in relation to training organisations as defined in Regulation (EU) No 805/2011 is the Federal Minister of Transport, Innovation and Technology. The provisions of § 141 (2) and (3) shall apply mutatily, whereby the Federal Minister of Transport, Innovation and Technology may also commission qualified entities in accordance with § 120d (2) for the purpose of carrying out the supervision.

(5) Competent national authority in accordance with Regulation (EU) No 1178/2011 is the Austrian Aero Club in relation to:

1.

Light-aircraft pilot licences for gliders-LAPL (S),

2.

Light aircraft pilot licences for balloons-LAPL (B)

3.

Gliding pilots licenses (SPL),

4.

Balloon pilot licences (BPL) and

5.

Training organisations (ATO) as well as the examination system for the licences referred to in Z 1 to 4.

(6) The national authority competent in accordance with paragraph 5 shall be entitled, within the framework of mutual assistance, to obtain the information necessary for the performance of its legal tasks and, at the request of the national authorities, shall have the responsibility of the federal, state and local authorities, and providing information to Austro Control GmbH. "

60. In accordance with § 57a, the following § 57b with headline is inserted:

" Civil Aviation personnel-Instructions and civil aviation personnel-Instructions

§ 57b. The Federal Minister of Transport, Innovation and Technology can determine, by means of a regulation, whether and to what extent the respective competent authority is responsible for the enforcement of the national and EU legislation on civil aviation personnel and the To require the training of civil aviation personnel (civil aviation personnel instructions) or instructions (civil aviation personnel instructions); to be published. These notes and/or Instructions shall be published in an airfield manner. "

61. The expressions " IV. Part: Airfields. " and " A. Common provisions. " before § 58 are replaced by the following names and headings:

" 4. Part

Airports

Section 1

Common provisions

62. In § 58 (2), the citation " § 118 of the Federal Act of 19. October 1934, BGBl. II. 316 concerning the right of water, " through the citation " § 128 of the Water Rights Act 1959, BGBl. N ° 215/1959, " replaced.

63. The following paragraph 3 is added to § 58:

"(3) Land or water areas may only be used for permanent departures and landings of aircraft if a civil airfield authorization has been issued by the competent authority in accordance with Section 68."

Section 59 of the first sentence reads as follows:

"Ground facilities shall be buildings, installations and other fixed facilities located at airports and the use of which is, for the most part, necessary or appropriate for the proper operation of an aerodrome."

65. The Expression " B. Civilian airfields. " before § 63 shall be replaced by the following name and heading:

" 2. Section

Civil Airfields "

66. In § 72 (2) (1) (1), after the phrase "located in Germany" the phrase "and deliveries shall not be ensured by state contracts with the State Party of residence or otherwise" inserted.

67. In Section 72 (2) (2) (2), after the phrase "legal person" the phrase "or registered partnership" and after the phrase "residing domestiy" the phrase "and deliveries shall not be ensured by state contracts with the State Party of residence or otherwise" inserted.

68. The title of § 74 reads:

"Operation in civilian airfields and civil airfield use conditions"

69. In § 74 (5), after the word "Stop" the phrase "or on the website of the Civil Aircraft Holder" inserted.

70. The following paragraphs 6 and 7 are added to § 74:

" (6) The Federal Minister of Transport, Innovation and Technology has, by means of a regulation, taking into account the interest of aviation safety, the more detailed conditions for issuing an airport certificate as a confirmation of the To comply with the applicable regulations and the allocation of permits with regard to the facilities, equipment and operational procedures of airports (§ 64). The airport certificate must be issued by the authority responsible for issuing the civil airfield permit (section 68 (2)). If the conditions which have led to the issuing of the airport certificate or which are necessary for the maintenance of the airport certificate are not fulfilled or are no longer fulfilled and the deficiency is not within the , the competent authority shall, on its own account, inform the competent authority of the fact that the airport certificate is wholly or partly invalid. At the same time, the return of the airport certificate shall be required.

(7) In so far as provisions concerning the granting, suspension and withdrawal of a certificate for aerodros are laid down in Regulation (EC) No 216/2008 and in the implementing regulations adopted pursuant to this Regulation, those provisions shall be laid down in the shall be binding in force. The competent national authority within the meaning of these provisions is the authority responsible for issuing the civil airfield authorization (section 68 (2)). The provisions of paragraph 6 of the third and fourth sentences shall apply. "

71. § 75 (1) reads:

"(1) The civil aircraft holder may, unless otherwise provided for by other provisions, carry out such auxiliary operations without separate aviation authorization which are directly and exclusively used for the transport tasks of its civilian airfield."

72. In Section 75 (2), the phrase "Air navigation services (§ 120)" through the phrase "Services of air navigation service providers pursuant to § 120 (1) and (2)" replaced.

73. In Article 75 (2), the following sentence shall be inserted after the second sentence:

"The civil aircraft holder shall also provide appropriate premises or areas for air traffic control installations (§ 122) and for installations necessary for the operation of air traffic control systems to the extent necessary."

74. In § 75 (2), last sentence, the phrase "this obligation" through the phrase "these commitments" replaced.

Section 78 reads as follows:

" § 78. (1) A ground facility on a civilian airfield (civil ground facility) may only be constructed, used or substantially modified with the authorization of the authority responsible for issuing the civil aviation authority (§ 68).

(2) The Federal Minister of Transport, Innovation and Technology may, within his/her sphere of competence, decide on an application for an authorisation in accordance with paragraph 1 above or with the implementation of the supervision of the Where this does not affect the interests of aviation security and is in the interest of expediency, economy and economy, soil facilities shall be responsible for the management of the land.

(3) Before the decision on an application for an authorization pursuant to paragraph 1, the Federal Minister for National Defence and Sport is to be heard when the civil ground facility has an adverse effect on fixed installations of the airspace surveillance system. or from fixed installations for the safety of military air travel.

(4) No authorization pursuant to § 92 and § 94 shall be required for civil ground facilities. "

76. In accordance with § 80a, the following § 80b with title is inserted:

" Hospital helicopter landing areas

§ 80b. (1) By way of derogation from § § 66, 69 to 72 and 77, for helicopter landing areas in hospitals which are used exclusively for ambulance and/or rescue operations, the operator of the landing area may be responsible for the issue of the Civil Aviation Authority (§ 68) a civil airfield permit to be granted in accordance with paragraph 2. The remaining provisions shall remain unaffected insofar as nothing else is apparent from the provisions of paragraphs 2 to 7.

(2) The civil airfield permit for a helicopter landing area in hospitals shall be granted if, due to the nature of the landing area and the planned ground facilities and the surrounding area, a safe flight of helicopters and helicopters in the rescue and ambulance service and are not in conflict with public interests. The authorization shall be conditional, limited or subject to conditions, in so far as it is necessary in the interests of the safety of aviation. It shall be revoked if one of the conditions for approval is not fulfilled or is no longer fulfilled or has been repeatedly breached.

(3) The landing areas approved in accordance with paragraph 2 shall be made available to the public, indicating at least the size of the landing area and the technical facilities available and the surrounding environment.

(4) The air carrier may use the landing areas approved in accordance with paragraph 2 only with those helicopter patterns which are carried out in accordance with the respective flight and/or flight related to the helicopter design model. Operating manual for safe operation on the landing surface are suitable.

(5) The Federal Minister for Transport, Innovation and Technology may, in accordance with the requirements of aviation safety, lay down more detailed conditions for the granting of the authorization referred to in paragraph 2.

(6) The provision of § 73 shall apply with the proviso that the operating licence shall be granted where the holder of the civil airfield permit demonstrates that the obligations imposed in the authorization referred to in paragraph 2 of this Article shall apply. as well as a safe and orderly flight operation is ensured.

(7) At the time of the 1. January 2014 existing hospital helicopter landing areas, which are used exclusively for rescue and/or ambulance operations and for which there is no civil airfield permit pursuant to § 68, shall be subject to an application for the granting of an authorization in accordance with (2) until 1 July 2014 at the latest. If this application is submitted in due time, the use of the landing area until the final completion of this application may continue to be granted for rescue and/or ambulance operations in accordance with § 9 para. 2. If the application is not submitted within the time limit, it shall remain in force at the time of the 1. January 2014 for the use of these land existing permits according to § 9 (2) until the end of the respective freezing period. A re-issue of an authorization pursuant to § 9 (2) for the use of these areas for rescue or ambulance operations is not permitted. "

77. The expression " C. Military airfields. " before § 81 is replaced by the following title and heading:

" 3. Section

Military Airfields "

78. § 84 (1) second sentence is deleted.

79. The following paragraph 3 is added to § 84:

"(3) No separate authorization pursuant to § 92 and § 94 is required for military ground facilities."

80. The expression " V. Part: aviation obstacles. " before Section 85 is replaced by the following title and heading:

" 5. Part

Air Barriers "

81. § 85 (1) reads:

" § 85. (1) In the case of safety zones (§ 86), air traffic obstacles

1.

Buildings above the earth's surface, trees, shrubs, strained ropes and wires, cranes as well as from the surrounding landscape outstanding soil elevations and

2.

Traffic routes as well as pits, canals and similar ground deepenings.

An object referred to in Z 1 shall be deemed to be located within the security zone if it passes through the areas referred to in the safety zone regulation (§ 87). "

82. In Section 85 (2), the phrase " the one in para. 1 lit. a designated installations " through the phrase "the objects referred to in paragraph 1 (1) (1)" as well as the letter names "(a)" and "(b)" by the number designations "1." and "2." in which Z 2 becomes the word order "the asset" through the phrase "the object" replaced.

83. § 85 (3) Z 1 reads as follows:

" 1.

a federal road according to directory 1 and 2 of the Bundesstraßengesetz 1971, BGBl. No 286/1971, crossing or "

84. In § 85 (3), the Z 2 and the previous Z 3 are given the name "2."

85. In § 85, paragraphs 4 and 6 are deleted and the previous paragraph 5 is given the title "(4)" .

86. In § 85 (4) the citation is " 3 Z 3 " through the citation " 3 Z 2 " replaced.

87. In § 87 (1) the word order shall be "civilian airfields from the authority responsible for issuing the civil airfield authorization," through the phrase "Airports of the Federal Minister of Transport, Innovation and Technology, in airfields from the district administration office and" replaced.

88. In § 87, the previous paragraph 4 receives the title "(10)" and the following paragraphs 4 to 9 shall be inserted in accordance with the provisions of paragraph 3:

The competent authority referred to in paragraph 1 may, by way of derogation from paragraph 1 and paragraph 3, amend the safety zone regulation if it is essential in order to safeguard the safety of aviation, in particular in order to safeguard the safety of the departure and landing movements. is required. The provision of paragraph 2 shall remain unaffected.

(5) The draft amendment to the safety zone regulation shall apply to the competent authority referred to in paragraph 1 and to the municipalities in whose territory the modification of the safety zone shall be extended during the eight-week period during the office hours. on public understanding.

(6) The public edition must be made known by the attack on the office of the municipalities referred to in paragraph 5 during the entire period of the period of the public service. In addition, the customer shall be able to speak in the editorial part of a widely used daily newspaper in the state in which the civil airfield is located and in the "Official Journal of the Wiener Zeitung". The disclosure and the presentation shall contain the time limit and the indication that natural and legal persons as well as registered partnerships, the owners of the draft amendments to the The security zones regulation is the right to submit a written opinion on the draft within the time limit for the application.

(7) The owners of the land covered by the draft amendment to the safety zone regulation shall be notified in writing of the presentation in accordance with paragraph 5 of this Article. In the case of housing installations for which a joint administrator is appointed, the communication can be carried out on these premises. In the agreement, reference should be made to the deadline for submission and the opinion.

(8) The need for understanding under paragraph 7 is no longer necessary if the amendment of the safety zone regulation is likely to affect more than 100 persons.

(9) Prior to the amendment of the safety zone regulation, those owners who have submitted objections under paragraph 6 shall be notified in writing that their objections have been taken into account or for which reasons there are no Consideration shall be given. By way of derogation, the competent authority referred to in paragraph 1 may, for reasons of economy, cost-effectiveness and expediency, give a reasoned opinion on the contributions made to the municipalities in whose territory the change in the The security zone shall be open for public consultation during the eight-week period during the period of office. In this case, the owners who have submitted objections in accordance with paragraph 6 shall be notified in writing of the public edition of the opinion. "

89. In § 91a (7) the word order is deleted "for the rapid work-up of harmful wood" .

90. § 91b shall be replaced by the following § 91b together with the heading:

" Existing Air Hazards

§ 91b. (1) For objects which already exist at the time of the respective entry into force of § 85 or a regulation pursuant to Section 85 (4) and apply for the first time as an air traffic obstacle, the owner shall be within twelve months after the respective date of entry into force to submit an application in accordance with § 92; A notification according to § 91a shall be reported. If this obligation is not complied with, Section 96 (1) shall apply.

(2) The competent authority shall, in the case of existing air traffic obstacles referred to in paragraph 1, only consider, in a procedure in accordance with Article 92, whether an identification of the object is required, taking into account the interest of aviation safety; and to prescribe this identification with a communication. § 95 (1) and (§ 96a) shall apply. "

91. § 91c is deleted.

92. § 92 (1) reads:

"(1) In the application for the grant of an exemption permit (§ 86 and § 91), the situation, the type and nature as well as the purpose of the air traffic obstacle should be stated."

93. The following sentence is added to § 93 (2):

"In the event of an air travel obstacle pursuant to Section 85 (2) (1), the agreement with Austro Control GmbH shall be established before granting an exemption in accordance with § 91."

94. In § 94, before the sales designation "(1)" the paragraph designation "§ 94." .

95. In § 94 (1), at the beginning of the first sentence, the word "Assets" through the phrase "Local and mobile installations" replaced.

96. In § 94 (2), first sentence, the word order "the Federal Minister for Transport, Innovation and Technology" through the phrase "the authority responsible for issuing civil aviation clearance (Section 68 (2))" replaced.

97. In Article 94 (2), the following sentence shall be inserted after the first sentence:

" An installation located outside the security zone of a military or civilian airport, the optical or electrical interference effects of which may endanger the safety of aviation within a security zone shall be deemed to be within the framework of the respective security zone. "

98. In § 95, para. 2, the citation " § 85 (1) (lit). a and b " through the citation "§ 85 (1) (1) and (2)" replaced.

99. In accordance with § 95, the following § 95a with title is inserted:

" Notification of air traffic obstacles

Section 95a. (1) The owner of an airing obstacle approved in accordance with § 92 has to report the start of construction as well as the completion of the object to the locally responsible state governor. In the case of fixed-term air traffic obstacles, this message can also be reimbursed by the judge of the object. The report shall contain detailed information on the situation and nature of the air traffic obstacle. In the notification of the completion of an air travel obstacle approved in accordance with § 85 (1) or (2) (2) (1), the accuracy of the position and height values determined from the measurement shall be indicated. The reporting publisher shall be responsible for the accuracy of this information.

(2) The locally competent regional governor has to keep a list of the aviation obstacles within the meaning of Article 85 (2) and (3) in a suitable form, the Austro Control GmbH and the Federal Minister for National Defence and Sport accessible to and make it available to the participants in the air transport on request against costs.

(3) The owner of a not only fixed-term aviation obstacle pursuant to § 85 (2) and (3) shall be obliged to immediately report the removal of the air traffic obstacle caused by him to the local competent state governor.

(4) The owner of an air traffic obstacle has, without prejudice to other statutory provisions, failures or disruptions of the identification of the air traffic obstacle (§ 92 para. 2) as well as the rectification of the failures or faults without delay of the Austro Control GmbH as well as the authority responsible for issuing the exceptional authorization (§ 93). The Austro Control GmbH has to make this information available in an airfield-like manner.

(5) In the event of a change from the owner of an air traffic obstacle, the new owner of the authority responsible for issuing the revenue authorisation (§ 93) shall immediately inform his name and address. "

100. In Section 96 (1), the word order shall be "Modest built, modified or" through the phrase "Modest exist, built, planted, modified or" replaced.

101. The following paragraph 4 is added to Article 96a:

" (4) In the case where identification measures are defined in accordance with Article 95 (2), that the interest of aviation security is not sufficiently protected, despite compliance with the mandatory labelling measures, the provisions shall be: in accordance with paragraph 1. "

102. The expression " VI. Part: Enpropriation for the purposes of aviation. " before paragraph 97, the following name and title shall be replaced by the following:

" 6. Part

Expropriation for the purposes of aeronautics "

103. The expressions " VII. Part: Air carriers and aircraft rental companies "and" A. Air carriers " before § 101 are replaced by the following names and headings:

" 7. Part

Air carriers and aircraft-hire companies

Section 1

Air carriers "

104. § 101 reads as follows:

" § 101. Air carriers are undertakings for the carriage of persons and goods in the commercial air transport sector by aircraft, which shall be:

1.

an operating licence granted in accordance with section 102 (2) of Regulation (EEC) No 2407/92 on the granting of operating licences to air carriers, OJ L 240, 24.8.1992, p. No. 1, or Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, OJ L 327, 22.12.2008, p. No. OJ L 293, 31.10.2008 p. 3 (air carriers), or

2.

a transport permit in accordance with § § 104 et seq. (air transport companies)

"

105. Section 102 (1) and (2) shall read:

" (1) undertakings engaged in commercial air transport by air passengers, mail and/or cargo with gliders, open-air or ultra-light aircraft, or exclusively round flights with which no carriage between different aerodromes is to be carried out , the Federal Minister of Transport, Innovation and Technology shall apply for a transport authorization in accordance with § § 104 et seq., unless the company already has one of another Member State of the European Union Union or any one by intergovernmental agreement authorisation granted for the carrying out of such transport operations. This foreign permit shall be carried on board the respective aircraft.

(2) All other undertakings wishing to transport passengers, mail and/or cargo in commercial air transport and having their principal place of business in the territory of the Member State in accordance with Article 2 Z 26 of Regulation (EC) No 1008/2008 must have an operating licence in accordance with Regulation (EC) No 1008/2008, as amended. The competent licensing authority within the meaning of Article 2 (2) (2) of Regulation (EC) No 1008/2008 is the Federal Minister for Transport, Innovation and Technology. The competent national authority for issuing the air transport operator certificate required under Regulation (EC) No 1008/2008 and for the authorisations under Art. 13 (Leasing) of Regulation (EC) No 1008/2008 is Austro Control GmbH. "

106. Section 102 (4) shall be referred to after the word "parachutists" the phrase "as well as commercial transport with motorised slopes and paragliders, ladders and paragliders and parachutes" inserted.

107. In Section 103 (1), the following shall be referred to: "may" an accentuate and the phrase "without prejudice to other legal provisions" through the phrase "unless other provisions are in conflict," replaced.

108. § 106 reads:

" § 106. The transport permit shall be issued if:

1.

the applicant

a)

is a national of a Member State of the European Union or of a State equivalent to that of an inter-State agreement and, if his residence is not situated in the country, and does not have state contracts with the State the State Party of residence or otherwise ensured, has appointed a service representative domestically, as well as reliable and technically suitable, or

b)

is a legal person or a registered partnership established in accordance with the legislation of a Member State of the European Union or of a State equivalent to that of the intergovernmental agreement, and its has its registered office, its head office or its principal place of business within the European Union or in a State treated as an intergovernmental agreement, and, if these do not allow the reception of documents, Representatives residing domestily and not by state contracts are insured with the State Party of residence or otherwise, have appointed a service representative domestically, as well as the persons authorized to represent them are reliable and technically suitable,

2.

the security of the company is guaranteed and the financial performance of the company has been credibly made and

3.

the conclusion of insurance in accordance with Section 164 or Regulation (EC) No 785/2004 has been established.

In the case of round flights with motor aircraft, with the exception of ultralight aircraft, the safety of the operation is in any case due to the corresponding fulfilment of the provisions adopted pursuant to section 131 or the applicable European Union law provisions on the granting and maintenance of the air transport operator certificate for air carriers and the provisions of Union law in accordance with section 24a. "

109. Section 107 (2) reads as follows:

" (2) In the communication about the transport authorization shall be determined

1.

the level of entitlement, including the flight area,

2.

, taking into account the needs, an appropriate period of time within which the operating licence or an air transport operator must be requested in accordance with the applicable Union legislation, and

3.

conditions and conditions to the extent that they are necessary in the interests of road safety and in the light of the transport tasks of the undertaking. "

110. In Section 108 (1), the word order shall be "by the Federal Minister for Transport, Innovation and Technology or by a competent authority on the basis of a transfer pursuant to § 140b" through the phrase "from the Austro Control GmbH" replaced.

111. The following paragraph 3 is added to Article 108:

" (3) If a valid Air Operator's certificate is required for the execution of the promotions referred to in § 102 (1) pursuant to § 131 or under a regulation pursuant to § 102 (1) of this Regulation, the exhibition shall replace this Certificate of the granting of the operating licence in accordance with paragraph 1. "

112. § 110 reads:

" § 110. The competent authority responsible for issuing the transport authorization shall withdraw it if:

1.

one of the conditions set out in § 106 no longer exists or was not fulfilled at the time of issue of the authorization and this deficiency is still lasted,

2.

the operating licence (§ 108) has been legally failed or the air transport operator's certificate has been or is not legally valid;

3.

the holding has been rested for more than one year, or

4.

the transport operation in accordance with § 109 is prohibited and the identified deficiencies have not been remedied in time. "

113. In accordance with § 110, the following § 111 and heading is inserted:

" Commercial transport by motorized suspension or paragliding ladders, paragliders or parachutes

§ 111. For the commercial carriage of passengers and/or cargo with motorised hangings or paragliders, slopes or paragliders, no transport authorization is required in accordance with § § 104 ff. The carrier shall ensure that a commercial carriage of persons with motorized suspension or paragliding ladders, hangings or paragliders or parachutes shall be carried out only if the aircraft shall be carried out in accordance with § 21 and § 131 shall comply with the provisions adopted for the carriage of persons and/or cargo, as well as the pilots responsible for holding an upright civil aviation certificate and in accordance with the provisions of § 29 The provisions of paragraph 2 of this Article shall have minimum experience. Other obligations pursuant to this Federal Act or regulations issued pursuant to this Federal Act shall remain unaffected. "

114. The previous section 115, together with the title, is given the title "§ 112." .

115. In § 112, the sales designation shall be deleted "(1)" and the second paragraph.

116. The previous section 115a together with the title shall be given the title "§ 113." .

117. The expression " B. Aircraft hire companies. " before § 116 is replaced by the following title and heading:

" 2. Section

Aircraft Rental Companies "

118. The expressions " VIII. Part: Safety of aviation. " and " A. Air traffic control. " before § 119 shall be replaced by the following names and headings:

" 8. Part

Safety of aviation, operation of civil aircraft and special security measures

Section 1

Air navigation "

119. In § 119 paragraph 2 Z 1 lit. a becomes the word "Alarm service" by the word "Flight alert service" replaced.

120. Section 120 (6) reads as follows:

Where an air traffic controller licence is required for the implementation of air navigation services in accordance with Regulation (EU) No 805/2011, air navigation service providers shall ensure that the personnel deployed by them shall be one of the following: Member State has been granted a legally valid air traffic controller licence in accordance with Article 9 (4) of Regulation (EU) No 805/2011. "

121. Section 120a (1) and (2) reads as follows:

" (1) Austro Control GmbH shall determine the procedures for the flight and departure procedures and procedures necessary for the safe, orderly and liquid handling of air traffic and procedures for the flight. In this connection, it is necessary to take care of the risks which threaten the general public from air traffic, such as, in particular, the lowest possible immission burden.

(2) Austro Control GmbH and the air navigation service providers entrusted with it pursuant to Article 120 (2) may, within the framework of the performance of the air traffic control tasks assigned to them, be responsible for the safe, orderly and liquid handling of air traffic. general arrangements required. In this connection, it is necessary to take account of the threat posed by the general public from the air transport sector, such as in particular to the lowest possible immission burden. "

122. In § 120b (4), the citation " Regulation (EC) No 2096/2005 on common requirements for the provision of air navigation services, OJ L 327, 30.11.2005, p. No. OJ L 335, 21.12.2005 p. 13, " through the citation " Implementing Regulation (EU) No 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 L 145, 31.5.2010, p. No. OJ L 271, 18.10.2011, p. 23, as amended, " replaced.

123. The following sentence shall be added to section 120c (2):

" The Federal Minister of Transport, Innovation and Technology is also the competent supervisory authority within the meaning of Article 3 of the Implementing Regulation (EU) No 1034/2011 on the safety supervision in the area of air traffic management and the Air navigation services and amending Regulation (EU) No 691/2010, OJ L 327, 22.9.2010, p. No. OJ L 271, 18.10.2011 p. 15.

124. The heading to § 120d reads:

"Certification of air navigation service providers and the commissioning of qualified entities"

125. Section 120d (1), fourth sentence, reads:

" As an enforcement measure within the meaning of Article 6 (3) of the Implementing Regulation (EU) No 1035/2011, the certification must be revoked if one of the certification requirements is not fulfilled or no longer fulfilled or of the The air navigation service provider shall be in breach of obligations or obligations to be observed or the supervision referred to in Article 7 of the Implementing Regulation (EU) No 1035/2011 has not been made possible, thereby jeopardising the safety of the aviation sector. "

126. In Section 120d (2), the phrase "Recognition of organisations" through the phrase "Appointment of qualified entities" and in each case the word "Recognition" by the word "Appointment" and the word "Recognition requirements" by the word "Requirements" replaced.

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

" (4) The air navigation service providers shall keep records of the hours actually worked by all holders of air traffic controller licences issued in accordance with § 57a and shall have the data of the Austro Control GmbH on request for the guidance of the Database pursuant to Art. 25 of Regulation (EU) No 805/2011. "

128. In § 120e para. 1 the citation is " Art. 2 (2) lit. (g) Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services, OJ L 327, 22.11.2005, p. No. OJ L 335, 21.12.2005 p. 13, " through the citation " Art. 2 Z 8 of the Implementing Regulation (EU) No 1035/2011 " replaced.

129. In § 120e para. 2, the citation " Art. 8 of Regulation (EC) No 2096/2005 " through the citation " Art. 9 of the Implementing Regulation (EU) No 1035/2011 " and the word "Community territory" by the word "Union territory" replaced.

130. In § 120e para. 5, the citation is " Art. 8 of Regulation (EC) No 2096/2005 " through the citation " Art. 9 of the Implementing Regulation (EU) No 1035/2011 " replaced, and the word sequence is deleted "and to be released by the Austro Control GmbH and to be published in a way that is customary in the aviation sector" .

131. Section 122 (1), first sentence reads:

" Air navigation service providers shall grant a permit to the Federal Minister of Transport, Innovation and Technology for the establishment, operation or substantial modification of fixed installations for the purpose of air traffic control (air traffic control systems) apply. "

132. In Article 122, the following paragraph 4 is inserted after paragraph 4:

"(4a) No authorization pursuant to § 92 and § 94 shall be required for air traffic control systems and fixed military installations in accordance with paragraph 4."

133. The expression " B. Behaviour in air transport. " before § 124 is replaced by the following name and heading:

" 2. Section

Behaviour in air transport "

134. Section 124 (2) and (3) reads:

" (2) The Federal Minister of Transport, Innovation and Technology, taking into account the safe and speedy handling of air traffic and the threat posed by air traffic to the general public, is entitled to the tasks referred to in § 119. air traffic control and air traffic behaviour, in particular

1.

the movements of the aircraft in the airspace and on the ground;

2.

the flight altitude to be observed during the flight; and

3.

the signals and signals to be applied

by regulation. To the extent that EU-law provisions on common aviation rules are laid down in the Implementing Regulation (EU) No 923/2012, these are binding in the respectively applicable version. For the purposes of these provisions, the competent national authority shall be the Austro Control GmbH. The national transitional provisions and accompanying or implementing provisions permissible under these provisions may be applied by the Federal Minister of Transport, Innovation and Technology to the requirements of the security of the Aeronautics with regulation.

(3) The Federal Minister for Transport, Innovation and Technology shall establish the agreement prior to the authorisation of the Regulation referred to in paragraph 2.

1.

with the Federal Minister for National Defence and Sport, in so far as these are not provisions necessary to secure international civil aviation,

2.

with the Federal Minister for Science and Research with regard to the affairs of the aviation weather service (§ 119 paragraph 2 lit. (c) if they are related to the other meteorological service. "

135. In § 125 (2), the letter names shall be: " a) " , "(b)" and "c)" by the number designations "1." , "2." and "3." replaced in the Z 3 after the citation "Article 34 AIZ" the phrase "and the applicable European Union legislation" and after the phrase "documents referred to above" the phrase "and the noise certificate" inserted.

136. § 128 with headline reads:

" Increasing of fixed-line zones, dragons and small-air balloons, as well as the use of fireworks and lasers

§ 128. (1) Steigenletting of bonnet ions, dragons and small-air balloons within safety zones and below security zones is prohibited.

(2) The use of fireworks of category P2, S2, F2, F3 and F4 in accordance with the pyrotechnic law 2010, BGBl. I n ° 131/2009, within security zones is prohibited.

(3) The use of lasers of classes 1M, 2M, 3R, 3B and 4 according to ÖVE/ÖNORM EN 60825-1 + A11 + A2 "Safety of laser devices-Part 1: Classification of installations, requirements and user guidelines" within security zones and is prohibited under safety zones and within a radius of 2 500 m around the airfield reference point within the meaning of section 88 (2). This excludes laser and laser equipment, which are necessary for maintenance activities as well as for the maintenance of safe and orderly operation of airfields.

(4) Without prejudice to the provision of paragraph 1, Fesselallone, Drachen and within a radius of 15 000 m shall be allowed to increase by the aerodrome reference point more than 30 small-air balloons, otherwise more than 100 small-air balloons shall be allowed to rise only with the approval of the country's main man , if the solid balloon, the dragon or the small-air balloons make it possible to increase the height of more than 100 m.

(5) The authorization shall be granted if neither the air traffic nor persons or property on the earth can be endangered by the stalling of the festival balloon, the dragon or the small-air balloons.

(6) The authorization shall be conditional, limited or subject to conditions, in so far as it is necessary for the prevention of risks. "

137. Section 129, together with the headline.

138. In Section 130 (1), the word order shall be "of civil aeronautical equipment" through the phrase "from civil aircraft, flight models or unmanned aerial vehicles" replaced.

139. In Section 130 (2), the following shall be referred to: "Aircraft Equipment" Put a dash and then the phrase "Flight models or unmanned aerial vehicles" inserted.

140. The expression " C. Operation of civil aircraft. " before section 131 is replaced by the following title and heading:

" 3. Section

Operation of civil aircraft "

141. In Section 131 (2), Z 13 is given the name "14." ; the word "and" at the end of Z 12 shall be replaced by a dash; the following Z 13 shall be inserted:

" 13.

whether, and under what conditions, Austro Control GmbH, or a competent authority based on a transfer pursuant to § 140b, general instructions or instructions in the interests of aviation safety, (operational instructions or operational instructions) with a view to the safe operation of civil aircraft in a way that is customary in the air transport sector, or has to be published and "

142. Section 131 (4) reads as follows:

" (4) As far as provisions relating to the operation of civil aircraft, the granting, maintenance, alteration, restriction, suspension, invalidity or revocation of an air carrier product or of special authorisations, or authorisations, as well as the issuing of declarations of competence in Regulation (EC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, OJ L 327, 28.10.1991, p. No. 4, or Regulation (EC) No 216/2008, as well as Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures with regard to the operation of a flight pursuant to Regulation (EC) No 216/2008, OJ L 327, 22.12.2008, p. No. 1. and other implementing regulations of the European Union (EC) to Regulation (EC) No 216/2008, these are binding in the version in force. For the purposes of these provisions, the competent national authority shall be the Austro Control GmbH. "

143. The following paragraphs 5 to 7 shall be added to Section 131:

" (5) If the conditions necessary for the issuing of an air carrier certificate or for the maintenance thereof are not fulfilled or no longer fulfilled, the defect shall not be fulfilled within the framework of the Austro Control GmbH , Austro Control GmbH shall declare, on its own notice, that the AOC is invalid. At the same time, the return of the air carrier certificate shall be required. If only the conditions for a particular type of application are met, In compliance with the interest of aviation security, Austro Control GmbH can determine that the air transport operator's certificate is only valid with regard to this type of application, taking into account the interest of aviation security. Special approval or authorization is invalid.

(6) In the event of a missing or not, or No longer correct declaration of competence within the meaning of Regulation (EC) No 216/2008 and Regulation (EU) No 965/2012 of the defect not fixed within the deadline set by the Austro Control GmbH, has the Austro Control GmbH with Notice from officant that the aircraft must not be used. At the same time, the return of the issued documents (§ 12) is to be prescribable. If only the conditions for a particular type of application are met, If special authorisation or authorisation is no longer fulfilled, the Austro Control GmbH may determine, having regard to the interest of aviation security, that the aircraft shall only be used in respect of this type of operation, or Special approval or authorization must not be used.

(7) In so far as national transitional provisions are admissible for the application of the provisions of the Union law in accordance with paragraph 4, the Federal Minister of Transport, Innovation and Technology shall be responsible for the application of the provisions of the national transitional provisions to the requirements of the security of the aeronautics with a regulation. "

144. In accordance with § 132, the following § 132a and heading is inserted:

" Guest Air Control

§ 132a. (1) Where there are no intergovernmental agreements or Union-law provisions, the Federal Minister for Transport, Innovation and Technology may, with a regulation, refer to the public interest of aviation safety specify that:

1.

Aircraft registered in certain States by civil aviation authorities with permits issued by those States for the purpose of carrying out the activities referred to in § 25 without recognition in accordance with § 18 and § 40 in the Federal Republic of Germany may or may not

2.

Parachutes, paragliders and paragliders whose use is permitted in the territory of the Federal Republic of Germany, are operated by civil aviation operators with a permit issued by a specific State without recognition in accordance with § 40 of the Federal Republic of Germany. may.

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

(2) The regulation pursuant to paragraph 1 may only be issued if the conditions are fulfilled in accordance with Section 18 (2) (1) and (2) (2) (2) (1) of the Regulation. "

145. The expression " D. Special security measures " before § 134a is replaced by the following name and heading:

" 4. Section

Special security measures "

146. In § 134a, para. 1, first sentence, the citation "Regulation (EC) No 300/2008 and Regulation (EU) No 185/2010" through the citation " Regulation (EC) No 300/2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002, OJ L 376, 27.11.2002, p. No. 72, and Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards in the field of aviation security, OJ L 139, 30.4.2010, p. No. OJ L 55, 5.3.2010, p. 1, as amended, " replaced.

147. In § 134a (1), third sentence, the word order shall be "employment and training conditions" through the phrase "the employment situation, education and training and any gaps during" replaced.

148. Section 134a (2) reads as follows:

" (2) An extension of the airport card shall be permitted only if the person concerned has undergone a re-assurance review in accordance with paragraph 1 above. Other provisions laid down in accordance with Article 74 (1) of the Regulation concerning the entering or driving of parts of a civilian airfield which are not generally accessible, as well as the law of the civil aircraft holder, each person entering or travelling on the generally accessible parts of the civilian airfield shall remain unaffected. "

149. The following paragraphs 3 to 5 are added to Section 134a:

The flight crew identity card for a crew member employed by an air carrier may be issued by the air carrier only to those persons who have been subject to a verification of reliability within the meaning of Regulation (EC) No 300/2008 and Regulation (EU) No 185/2010. The provisions of paragraphs 1 and 2 shall apply mutatily.

(4) An independent validator within the meaning of Regulation (EU) No 185/2010 may only use for the implementation of the validations persons who have been subject to a verification of reliability within the meaning of Regulation (EC) No 300/2008 and Regulation (EU) No 185/2010. 185/2010 and have not been informed by the Federal Minister of Transport, Innovation and Technology at the latest by the date of the intended inclusion of the activity that there are concerns within the meaning of the Regulation against the person under consideration. (EC) No 300/2008 and Regulation (EU) No 185/2010. Paragraph 1, second to fourth, and last sentence, shall apply mutatily.

(5) If a person has a valid examination certificate after the reliability test has been carried out in accordance with § § 23 f of the Military Authorisation Act (MBG), BGBl. I No 86/2000, the requirement for the verification of assurance pursuant to (1) and (3) is fulfilled. "

150. The expression "E. Accidents and incidents in the air transport sector" before § 135 is replaced by the following name and heading:

" 5. Section

Accidents and incidents in the air transport sector "

151. In § 136 (2) the citation is " § 2 (3) and (7) of the Accident Investigation Act, BGBl. I No 123/2005 " through the citation " Art. 2 Z 1 and Z 16 of Regulation (EU) No 996/2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94 /56/EC, OJ L 327, 30.4.1994, p. No. OJ L 295, 12.11.2010 p. 35 " replaced.

152. Section 136 (3) reads as follows:

" (3) Austro Control GmbH is obligated to immediately inform the Federal Security Agency (§ 2 of the Federal Republic of Germany) of the reports of accidents and serious disturbances pursuant to Art. 2 Z 1 and Z 16 of Regulation (EU) No 996/2010. Accident Investigation Act-UUG 2005, BGBl. I No 123/2005). Furthermore, Austro Control GmbH is obligated to immediately send the safety-related reports to the respective supervisory authority in accordance with § 120c and § 141 as well as the approval authority according to § 1 Z 8 of the airport ground handling law-FBG, BGBl. I No 97/1998 and, in so far as these notifications are in the area of competence of an authority entrusted pursuant to § 140b, to be forwarded to them. "

153. Section 136 (4) and (5) shall be followed by the word order "Federal accident investigation agency" through the phrase "Austro Control GmbH" replaced.

154. The following sentence shall be added to section 136 (4):

"By way of derogation, all information relevant to security, including the information referred to in Article 19 (1) of Regulation (EU) No 996/2010, shall be stored, evaluated and processed in respect of reporting requirements."

155. In Section 136 (5) and in the heading to section 146, the word shall be: "Community" by the word "Union" replaced.

156. Section 136 (6) reads as follows:

" (6) The information referred to in paragraphs 4 and 5 shall be the Federal Minister of Transport, Innovation and Technology, the supervisory authorities according to § 120c and § 141, the competent authority pursuant to § 140b, as well as the approval authority according to § 1 Z 8 FBG, so that these can draw safety lessons from them. This access shall not include information directly attesting to the aircraft owner who is the subject of an event report. "

157. The expression " IX. Part: Authorities and special procedural rules. " before § 139 is replaced by the following title and heading:

" 9. Part

Authorities and special procedural rules "

158. In § 139, the previous text receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) In the framework of the administrative assistance, Austro Control GmbH is entitled to obtain the information required for the performance of its legal tasks and, at the request of the authorities, has the right to request the federal, state and local authorities as well as the institutions of the Federal Republic of Germany, To provide information to the competent authority in accordance with § 140b. "

159. The following paragraph 4 is added to Article 140:

" (4) The Federal Minister of Transport, Innovation and Technology may, in accordance with Art. 133 (8) B-VG, in the affairs of this Federal Law and the regulations adopted pursuant to this Federal Act against findings and decisions of the State administrative courts and the Federal Administrative Court to institute a revision to the Administrative Court for illegality. "

160. In § 140b (1) Z 2, the word "Ultralight aircraft," through the phrase "Ultralight aircraft; approval of the operation of flight models," replaced.

161. In accordance with Section 140b (3), the following paragraph 3a is inserted:

" (3a) In the framework of mutual assistance, the representatives of the Federal Republic of Germany shall be entitled, within the framework of mutual assistance, to obtain the information required for the performance of their statutory tasks and shall, at the request of the institutions of the Federal Government, the Länder and the municipalities and the Austro, Control GmbH to provide information. "

162. In Section 140b (5), the word order shall be "aircraft, aeronautical equipment or their construction and components or for their activities" through the phrase "produced or maintained aircraft, aeronautical equipment, flight models or unmanned aerial vehicles" replaced.

163. § 140c shall be preceded by the following heading:

"Fees"

164. Section 141 (1) reads as follows:

" (1) civil aviation schools, schools for other civilian aeronautical personnel, maintenance operations, development operations, manufacturing operations, maintenance aid operations, management of the maintenance of airworthiness, Civil airfields, aircraft rental companies and air carriers shall be subject to the authority of the authority responsible for granting the respective authorisation (supervisory authority). Air carriers shall be subject to the supervision of Austro Control GmbH in matters relating to flight operations and technical matters. "

165. In section 141 (2) the phrase "pursuant to Annex I, subsection G, of Regulation (EC) No 2042/2003" through the phrase "to guide the maintenance of airworthiness" replaced.

166. In § 141, paragraphs 4 to 6 are replaced by the following paragraphs 4 and 5:

" (4) Austro Control GmbH or a competent authority based on a transfer pursuant to § 140b shall be entitled to verify compliance with the legal and safety regulations in force in the air transport sector. To the extent necessary for the proper implementation of the supervision, the responsible pilots, the civil aircraft owners, the operators of flight models and the holders of unmanned aerial vehicles shall each have in the interests of safety provide the necessary information and, on request, provide access to documents or other documents to be carried on board.

(5) In the case of an authorisation in accordance with § 9, § 126 and § 133, the competent authority responsible for granting the respective authorisation shall be entitled to check whether the conditions, conditions and conditions prescribed in the interest of aviation safety are met. Fixed-term contracts are respected. To the extent necessary for the proper conduct of this review, the pilots responsible, the licence holders and the civil aircraft owners shall, without delay and at the latest within 72 hours after the date of the A request to provide any information necessary in the interests of aviation safety. "

167. § 141a First sentence reads:

"All the institutions authorised to carry out supervisory activities in accordance with the provisions of aviation law shall have a service card with them and shall present them to the persons to be supervising."

168. In § 142 (1) the citation is " as amended by Regulation (EC) No 793/2004, OJ L 327, 30.11.2004, p. No. L 138 p. 50 " through the phrase "in the version in force in each case" replaced and the following sentence added:

' Air carriers and holders of non-commercial aircraft shall have the starting and landing on a scheduled or co-ordinated airport without slots allocated in accordance with Regulation (EEC) No 95/93 or at a time significantly different from the allocated slots, or to refrain from using slots in a significantly different way than indicated at the time of allocation. "

169. The following paragraph 4 is added to Section 145:

"(4) Operations shall be considered as operational air traffic within the meaning of the Common Aviation Rules in accordance with Regulation (EU) No 923/2012."

170. The outline label " X. Part " in accordance with § 145b shall be replaced by the description of the classification " 10. Part " replaced.

171. In Section 151 (1), the word order shall be "the maximum approved for the departure of the flight" through the phrase "the maximum permissible take-off mass" replaced.

172. In § 156 (2), first sentence, the number shall be: "100 000" by the number "113 100" replaced.

173. Section 156 (3) is deleted.

174. In Section 160 (1), the number of "17" by the number "19" and the number "1 000" by the number "1 131" replaced.

175. In Section 164 (2), the number shall be: "100 000" by the number "113 100" replaced.

176. In § 165 (1), first sentence, after the citation "§ 156 (1)" Put a dash and then the phrase "except in the case of carriage with hangings or parachutes or parachutes," inserted.

177. In Section 168 (2), after the citation "§ 164 (1) and (2)" the phrase "or Regulation (EC) No 785/2004" inserted.

178. The outline label " XI. Part " before § 169 is given by the description of the classification " 11. Part " replaced.

179. Section 169 (1) Z 3 reads as follows:

" 3.

the following Union regulations in the current version:

a)

Regulation (EC) No 1008/2008 on common rules for the operation of air transport services in the Community (recast),

b)

Regulation (EC) No 2027/97 on the liability of air carriers in the carriage of passengers and their baggage in the air transport sector,

c)

Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators,

d)

Regulation (EC) No 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, repealing Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Regulation (EC) No 1592/2002 Directive 2004 /36/EC,

e)

Regulation (EU) No 748/2012 laying down detailed rules for the granting of airworthiness and environmental events for aircraft and related products, construction and equipment parts and for the approval of development and development policies manufacturing operations,

f)

Regulation (EC) No 2042/2003 on the maintenance of the airworthiness of aircraft and aeronautical products, parts and equipment and the granting of authorisations for organisations and persons carrying out those activities running,

g)

Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures in respect of the flying personnel in civil aviation, as laid down in Regulation (EC) No 216/2008,

h)

Regulation (EC) No 549/2004 (framework regulation),

i)

Regulation (EC) No 550/2004 (air navigation service regulation),

j)

Regulation (EC) No 551/2004 (air space regulation),

k)

Regulation (EC) No 552/2004 (Interoperability Regulation),

l)

Implementing Regulation (EU) No 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 system of performance for air navigation services and network functions and amending Regulation (EC) No 2096/2005 on common requirements for the provision of Air navigation services, OJ No. OJ L 201 of 03.08.2010 p. 1,

n)

Regulation (EU) No 805/2011 laying down detailed rules for air traffic controller licences and certain certificates referred to in Regulation (EC) No 216/2008,

o)

Council Regulation (EC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation,

p)

Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports,

q)

Regulation (EU) No 255/2010 laying down common rules in the field of air traffic flow management, OJ L 327, 30.4.2010, p. No. OJ L 80, 26.3.2010, p. 10,

r)

Regulation (EC) No 261/2004 establishing 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)

Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility when travelling by air,

t)

as an air carrier against any of the Community list of air carriers operating in the Community, and the Community list of air carriers operating under Articles 11 and 12 of Regulation (EC) No 2111/2005, Information to passengers on the identity of the operating air carrier and repealing Article 9 of Directive 2004 /36/EC, OJ L 327, 30.4.2004, p. No. 15., the obligations referred to in Article

u)

as an air carrier against any of the obligations laid down in Article 20 of Regulation (EU) No 996/2010 or against the obligation to draw up an appropriate support plan in accordance with Article 21 (2) of Regulation (EU) No 996/2010, "

180. In Section 169 (1), Z 3a and 4 are given the names "4." and "5." ; the word "or" at the end of the Z 4, and the point at the end of the Z 5 will be replaced by the word "or" , the following Z 6 shall be added:

" 6.

the safety-relevant procedures and requirements laid down or approved in the handbooks to be drawn up on the basis of aviation-related provisions "

181. In § 169 (1), the last sentence is deleted.

182. In Section 171 (1) (4), the word order shall be deleted "or registration" .

183. In accordance with § 171, the following § 171a and heading is inserted:

" Displacement of aircraft on civilian airfields

§ 171a. The holder of a civilian airfield is entitled to have an aircraft in the case of an air travel agency or operating ban on grounds of civil law, even without the approval of the aircraft holder, to another parking position. move. The conditions laid down in other provisions relating to the movement of aircraft on civilian airfields and civil law provisions shall remain unaffected. "

184. The title and the outline title before § 172 are:

" 12. Part

Final provisions "

185. In Section 172a (1), last sentence, after the expression: "Austro Control GmbH" the phrase "or a competent authority based on a transfer pursuant to § 140b" .

186. Section 172a (2) reads as follows:

" (2) The Austro Control GmbH or a competent authority on the basis of a transfer according to § 140b may operate the publication means in accordance with paragraph 1 in electronic form. In this connection, the customer-making activities on the Internet are to be kept ready for interrogation under an address to be read out by Austro Control GmbH or by a competent authority based on a transmission according to § 140b in an airway-customary manner. "

187. In accordance with § 172a the following § 172b with title is inserted:

" Linguistic equality

§ 172b. In so far as the names used in this Federal Act refer to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form. '

188. The following paragraphs 37 to 41 are added to Section 173:

" (37) The designation and heading before § 1, § 5, § 7 (1), 3 and 5, § 8, § 9 para. 2, 5 and 6, § 10 para. 1 to 3, § 10a including the title, § 12 para. 4 and 5, § 15 para. 1 and 2, § 16 para. 2 and 5, § 18 para. 1, § 20 para. 3 and 4, § 21 para. 1, the Title and heading before § 22, the title and title before § 24a, § 24a, including the title, § 24b (1) and (2), the designations and headings before § 25, § 26, § 31, § 33 (1), (4) and (5), § 34, § 35, the title and heading before § 44, § 44 (2) to (6), § 46 (1), § 48, including the title, section 52 (2), the title and title before § 53, the title and title before § 57a, the names and headings before § 58, § 58 (2) and (3), § 59, the title and title before § 63, section 72 (2), the title to § 74, § 74 (5) to (7), § 75 (1) and (2), § 78, the title and title before § 81, § 84 (1), § 84 Paragraph 3, the title and title before § 85, § 85, § 87, § 91a (7), § 91b including the title, § 92 (1), section 93 (2), § 94 (1) and (2), § 95 (2), § 95a, and the title, § 96 (1), § 96a (4), the title and heading before § 97, the Names and headings before § 101, § 101, § 102 (1), (2) and (4), § 103 (1), § 106, § 107 (2), § 108 (1) and (3), § 110, § 111 together with Title, § 112, § 113, the title and title before § 116, the designations and headings before § 119, § 119 (2), § 120 (1) and (6), § 120a (1) and (2), § 120b (4), § 120c (1) and (2), § 120d, including the title, § 120e (1), (2), (4) and 5, § 121a, § 122 (1) and (4a), the title and title before § 124, § 125 (2), § 128 including the title, the title and title before § 131, § 132a, together with the title, the title and title before § 134a, § 134a, the Title and title before § 135, § 136, the title and title before § 139, § 139, § 140b para. 1, 3a and 5, the title to 140c, § 141 (1), 2, 4 and 5, § 141a, § 142 (1), § 145 (4), the title according to § 145b, the title to § 146, § 151 (1), § 156, § 160 (1), § 164 (2), § 165 (1), § 168 (2), the title of the link before § 169, § 169 Paragraph 1, section 171 (1), § 171a, title, title and title before § 172, § 172a (1) and (2), § 172b, including the title, section 173, para. 31, and § 174a, including the title in the version of the Federal Law BGBl. I n ° 108/2013 will be 1. October 2013 will be in force. § 57a together with the title, § 57b together with the title, § 124 (2) and (3) and § 131 (2) and (4) and (4) to (7) in the version of the Federal Law BGBl. I n ° 108/2013 shall enter into force with the day following the presentation in the Federal Law Gazans.

(38) The table of contents, § 2, § 4 (1), the designations and headings before § 11, § 11 (1), § 22 (1), § 130 (1) and (2), of the 4. Section according to § 24b, § 80b including the title and § 140 (4) in the version of the Federal Law BGBl. I n ° 108/2013 will be 1. Jänner 2014 in force.

(39) § 45, together with the title, § 51 with the title and § 91c, shall expire on 30 September 2013. Section 129, together with the title, will expire on 31 December 2013.

(40) Regulations on the basis of this federal law in the version of the Federal Law BGBl. I n ° 108/2013 may already be taken before the 1. October 2013, respectively before 1. January 2014, but they may not be put into effect at the earliest with this date.

(41) Bewilligations in accordance with § 129, which shall be before the 1. Jänner 2014 shall remain in force until 31 December 2014 until the granting of an authorization in accordance with § 24c or § 24f, but at the latest until the end of the respective period of time limit or in the case of an open-ended authorization. Regulations in accordance with § 85 (5) in the version before the Federal Act BGBl. I n ° 108/2013 are valid as regulations in accordance with Section 85 (4) in the version of the Federal Law BGBl. I No 108/2013. "

189. In the heading to § 174a the word order "and references to the notification" .

190. In § 174a, the previous text receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) The Federal Law BGBl. I No 108/2013 has been adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations, OJ L 206, 22.7.1998, p. No. OJ L 204, 21.07.1998 p. 37, as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. OJ L 217, 05.08.1998 p. 18, notified to the Commission of the European Union (notification number 2013 /109/A). "

Fischer

Faymann