Regulation of the Federal Minister of Transport, Innovation and Technology as well as of the Federal Minister for Defence and Sport on the regulation of air transport 2010 (air traffic rules 2010-LVR 2010)

On the basis of the Aviation Act (LFG), BGBl. No 253/1957, as last amended by the Federal Laws BGBl. I No 83/2008 and BGBl. No. 3/2009, in particular § 3 para. 2, § 4, § 5 para. 1 and 3, § 7 para. 3 and 4, § 8 para. 2, § 21 para. 1, § § 119 to 121, § § 124 and 125, § 131 and § 145a para. 3

-		as regards Articles 67, 68, 70, 71 and § 74 (3) and the Annexes G and H of the Regulation by the Federal Minister for National Defence and Sport in agreement with the Federal Minister for Transport, Innovation and Technology, and
-		as regards the other provisions of the Regulation, by the Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister for Defence and Sport
ordering:

table of contents

1. Main item General provisions
§ 1.	Scope
§ 2.	Definitions
2. Main piece General air traffic rules
Section 1 General
§ 3.	Operation of aircraft and aeronautical equipment
§ 4.	General rights and obligations of the pilot
§ 5.	Special flights subject to authorisation
§ 6.	Flight Preparation
§ 7.	Talk radio link
§ 8.	Notsender
§ 9.	Minimum flight heights
§ 10.	Flight altitude
Section 2 Special Air Garden
§ 11.	Tugs
§ 12.	Art flights
§ 13.	Flights to the Hagelabwehr
Section 3 Avoidance of clashes
§ 14.	Distances between aircraft
§ 15.	Precedence
§ 16.	Opposite direction
§ 17.	Cross courses
§ 18.	Overtaking
§ 19.	Land and Start
§ 20.	Evaage rules for watercraft
§ 21.	Instruments-Practice flights
§ 22.	Operation of aircraft on civilian airfields and in the vicinity of
§ 23.	Movements of rolling aircraft
Section 4 Signals, signs and lights
§ 24.	Observance of signals and signs
§ 25.	Use of signals and characters
§ 26.	Obligation to guide the lights
Section 5 Flight Schedule
§ 27.	General provisions on flight schedules
§ 28.	Requirement of flight plan levy
§ 29.	Flight Plan Information
§ 30.	Contents of the flight plan
§ 31.	Form of flight plan levy
§ 32.	Departure message
§ 33.	Changes in expected block times
§ 34.	Flight Plan Changes
§ 35.	Compliance with the flight plan
§ 36.	Flight plan changes for compelling reasons
§ 37.	Unintentional divergence from the flight plan
§ 38.	Closure of the flight plan
3. Main piece Controlled flights
§ 39.	Shares
§ 40.	Voice radio communication and optical signals in controlled flights
§ 41.	Loss of speech radio connection in controlled flights
§ 42.	Location reports
§ 43.	Termination of air traffic control
4. Main piece View flight rules
§ 44.	View flight-weather conditions
§ 45.	Admissibility of visual flights
§ 46.	Flight heights for visual flights
§ 47.	Sonder sightings
§ 48.	Sighting at night
§ 49.	Transition from visual flight to instrument flight
5. Main piece Instrument flight rules
§ 50.	Admissibility of instrument flights
§ 51.	Minimum flight heights for instrument flights
§ 52.	Travel flight heights for instrument flights
§ 53.	Transition from instrument flight to visual flight
6. Main piece Special provisions for flights with hangings and paragliders
§ 54.	Non-applicability of provisions for sailing flights and for flights with hangings and paragliders
§ 55.	Hangsegelflights
§ 56.	Special fallback rules for gliders
§ 57.	Sighting flights at night with gliding planes
§ 58.	Cloud sail flights
§ 59.	Flights with hangings and paragliders
7. Main piece Special provisions for parachute jumps and outdoor swimming pools
§ 60.	Parachute jumps
§ 61.	Free ballooning
8. Main piece Special provisions for military flights
§ 62.	Minimum flight heights for visual flights with military aircraft in narrow valleys
§ 63.	Art flights and low-lying aircraft with military aircraft
§ 64.	Distances between military aircraft
§ 65.	Obligation to conduct light on military aircraft and military capitalons
§ 66.	Night vision flights with military aircraft and flights with military aircraft under instrument flight-Weather conditions outside controlled airspace and military parachute jumps
9. Main piece Militarily reserved areas, military airspace restrictions as well as military exercise and trial areas
§ 67.	Definition of militarily reserved areas
§ 68.	Type of airspace reservation
§ 69.	Classification of militarily reserved areas
§ 70.	Military flight restrictions and danger zones
§ 71.	Military exercise and testing areas
10. Main piece Air traffic services
Section 1 General
§ 72.	Air traffic services
§ 73.	Air traffic services, military flight operations
Section 2 Air traffic control service
§ 74.	Tasks and subject-matter of the air traffic control service
§ 75.	Air traffic control centres
§ 76.	Staggering
§ 77.	Ensuring staggering
Section 3 Flight information and alert service
§ 78.	Flight Information Service
§ 79.	Alarm Service
11. Main piece Final provisions
§ 80.	Criminal provisions
§ 81.	In-and out-of-power

1. Main item

General provisions

Scope

§ 1. The provisions of this Regulation are to be found in § 145 of the Aviation Act (LFG), BGBl. No 253/1957, shall be applied to:

1.		all aircraft within the territory of the Austrian territory;
2.		Aircraft of Austrian nationality (§ 15 LFG) outside the territory of the Austrian territory, in so far as no different provisions are applicable, and
3.		Flights of civil aircraft authorized by the competent military air duct shall be authorized by military areas reserved for military operations.

Definitions

§ 2. For the purposes of this Regulation, the following shall be deemed or shall be deemed to apply, in so far as it does not apply to any other provisions of

1.		Separate areas:
		the airspace defined by Austro Control GmbH (ACG) or the competent military air line, of a defined vertical and horizontal extent defined in the air travel standard and in which none, of the particular airspace class , individual air traffic services for the individual visual flights present in these airspace.
2.		Alternate aerodros:
		airfields designated in the flight plan, to which a flight can be carried out if landing on the target airfield proves to be unadvisable.
3.		Areas with special arrangements:
		Parts of the controlled airspace, for which certain procedures are applied in the usual way for the protection of the instrument air traffic prior to visual air traffic.
4.		Areas with transponder requirements (transponder Mandatory Zone-TMZ):
		Air spaces in which aircraft must be equipped with a transponder mode C in accordance with visual flight rules and have to radiate the code 7 000, including height transmission, unsolicly. Exceptions to this obligation may, in individual cases, be authorised by the competent air traffic service provider if the safety of air traffic is not affected thereby.
5.		Operation of aircraft:
a)			in the case of aircraft heavier than air: any movement of an aircraft with its own power (e.g. motor flight or rolling stock) or in flight with a foreign force (e.g. a gliding flight) or under utilization of atmospheric conditions (e.g. a gliding or a gliding flight or a sailing trip) Parachute leap);
b)			in the case of aircraft lighter than air: any movement of the aircraft from the moment of its connection to the surface of the earth until the date of the renewed celebration.
6.		Floor View:
		the horizontal view of a aerodrome notified by an observer authorised by the competent authority.
7.		End flight:
		The section of a flight in which the orientation to the piste centre line and the descent to the piste are carried out for the purpose of landing or the landless overflight.
8.		Earth View:
		the existing view from the management space of an aircraft in flight to the earth's surface.
9.		Flight crew members:
		Persons who have to carry out essential tasks on board the aircraft during the flight for the operation of the aircraft.
10.		Planes:
		Surfaces of constant air pressure, which are related to the pressure value 1013.2 hPa (mb) and are separated from one another by certain pressure intervals.
11.		Flight information areas:
		Air spaces in which the flight information service and the alarm service are exercised by the air traffic services in question for each of these airspace.
12.		Flight plan:
		the information on an intended flight intended for an air traffic service provided for in this Regulation (total flight or part of a flight).
13.		Airports:
		Land or waterways provided in whole or in part for departures, landings and other movements of aircraft.
14.		Air traffic:
		the total traffic on the manoeuvring areas of an airfield and the traffic with aircraft flying in, flying into or leaving the space.
15.		Air traffic zones:
		Air spaces defined on all sides to protect aerodrome traffic (before the rest of the air traffic).
16.		Flight View:
		the view from the guidance space of an aircraft in flight in flight direction.
17.		Flight Status:
		an indication as to whether a particular aircraft is required to be treated in particular by air traffic services.
18.		Air traffic service airspace:
		Air spaces defined in alphabetical order on all sides in which certain airports may be exported and for which the air traffic services to be used and the rules of use are laid down.
19.		Air traffic manager:
		Bodies of the competent air traffic control body responsible for the tasks of air traffic services.
20.		Shares:
		any consents or orders issued to the pilot responsible by an air traffic control authority shall be subject to conditions, conditions and conditions laid down by the air traffic control authority, in accordance with the conditions laid down by the air traffic control authority; and To carry out temporary contracts.
21.		Clearance limits:
		geographically certain places, up to which releases are granted.
22.		Current flight plan:
		the flight plan, including any changes that have become effective by subsequent releases.
23.		Main cloud lower limit:
		the height of the lower limit of the lowest cloud layer above ground, covering more than half of the sky and below 20 000 ft above ground.
24.		Maximum flight time:
		the maximum flight duration of an aircraft on the basis of the quantity of operating material carried, taking into account its operating requirements for the flight concerned.
25.		Altitude above the mean sea level (Mean Sea Level-MSL):
		the vertical distance between a surface, a point, or an object to be considered as a point, measured from the mean sea level.
26.		Height above ground (Ground-GND):
		the vertical distance between a surface, a point, or an object to be considered as a point, measured from the surface of the earth.
27.		Instrument flights:
		Flights as far as they are carried out according to the instrument flight rules.
28.		Instrument flight weather conditions:
		Weather conditions in which the view, the distance from the clouds or the main cloud lower limit are below the minimum values set for visual flight weather conditions.
29.		Instruments-Practice flights:
		Flights in which a pilot carries out an aircraft under instrument flight conditions adopted by instrument.
30.		Control District:
		a controlled airspace bounded at the bottom by horizontal surfaces at levels determined by the upper and lower control suburbs.
31.		Controlled flights:
		Flights as far as they are carried out for air traffic control services.
32.		Controlled airfields:
		Aerodros, to the extent that air traffic control service is used for aerodrome traffic.
33.		Controlled Airspace:
		Airspace defined on all sides in which air traffic control service is carried out for instrument and visual flights in accordance with the airspace classification; they consist of control districts, near-control districts, areas with Special arrangements (SRA), control zones and military reserved areas.
34.		Control Zone (CTR):
		controlled air spaces bounded at the bottom by the earth's surface and upwards by horizontal surfaces at certain heights.
35.		Art flights:
		Intentionally executed flight manoeuvres which are characterized by abrupt changes in the flight position, abnormal flight positions or abnormal speed changes.
36.		Course (above ground):
		the trajectory of an aircraft projected onto the earth's surface, the direction of which is expressed in degrees in terms of geographically or magnetically North.
37.		Aircraft:
		Aircraft within the meaning of Section 11 (1) of the LFG.
38.		Airspace restriction areas:
		Airspace restriction areas within the meaning of § 4 LFG; these are air-restricted areas, flight-restricted areas and danger areas.
39.		Maneuvering surfaces:
		those parts of an aerodrome (§ 58 LFG), which are to be used for takeoff and landing as well as for the rolling of aircraft, with the exception of storage areas.
40.		Reporting Points:
		certain geographical locations, which serve as reference points for location reports of aircraft.
41.		Reporting points for air traffic services:
		Bodies in respect of which certain notifications may be made for air traffic services, such as air navigation services, military flight operations and those bodies which are accordingly authorized in accordance with Section 120 (2) of the LFG.
42.		Military air line:
		fixed or mobile military service, which is responsible for the handling of military or civilian air traffic within military areas.
43.		Militarily reserved areas:
		The limited air spaces defined in accordance with § 121 LFG, which are temporarily used for military purposes. As such come into consideration
a)			military terminal control area (MTMA) as parts of the lower control district, which are fixed at crossing points of several flight routes close to military airfields,
b)			military control zone (MCTR) as controlled air spaces bounded at the bottom by the earth's surface and upwards by horizontal surfaces at certain heights,
c)			military aerodrome traffic zone (MATZ) as airspace defined for military aerodromes for the protection of aerodrome traffic, and
d)			military training areas (MTA Military Training Area) as airspace of the lower and upper control district to carry out military training flights.
44.		misconsecrate course:
		the course, the direction of which is expressed in grades-related to the magnetic north.
45.		Night:
		the period between those dates in which the centre of the sun is in the evening and six degrees below the horizon in the morning.
46.		Near-control districts:
		Parts of the lower control district, which are fixed at crossing points of several flight routes near airports.
47.		Lowest usable flying surfaces:
		the airfields at the height of the lowest constant display-rounded up to the nearest multiple of 500 feet (ft)-of a height gauge set to 1013.2 hPa (mb), not below the minimum flight altitude for any point of the respective Flight distance.
48.		upper-state boundary (USB):
		the height in which aircraft are no longer able to move due to the aerodynamic buoyance, but only due to the Kepler power.
49.		Pilot:
		the pilot responsible.
50.		Rounds:
		the routes determined by the type of aircraft and the speed of the aircraft, which are to be observed with aircraft flying close to the airfield.
51.		Escape manoeuvre advice:
		the advice given to the pilot by an air traffic service provider to carry out certain flight manoeuvres in order to assist him in avoiding a collision.
52.		Cruising altitude:
		Flight heights, which are observed during a significant part of a flight.
53.		Travel speeds:
		the true self-velocities in the cruising heights.
54.		Rolling of aircraft:
		Movements of aircraft from their own power on the surface of airfields, with the exception of takeoff and landing.
55.		Rolling in floating flight:
		Movements of helicopters or vertically starting/landing aircraft above the surface of airfields, normally taking advantage of the ground effect and at a speed above the ground of less than 20 knots.
		Note:
		The actual height above ground may vary. Due to a drag load or to the reduction of turbulence from the ground effect, a larger height than 25 ft can also be required for certain helicopters for rolling in the floating flight.
56.		Drag flights:
		Flights in which an aircraft (towing aircraft) drags gliders or other objects (such as advertising banners or towing bags).
57.		Sweat flight:
		is a stationary flight state above a point (object), without vertical or horizontal flight movement, inside or outside the ground effect.
58.		View:
		the possibility of seeing and recognizing illuminated objects, which are caused by atmospheric conditions and expressed in distance units, are striking, unlit objects during the day, and striking illuminated objects at night.
59.		Sighting flights:
		Flights as far as they are carried out according to visual flight rules.
60.		Weather conditions:
		Weather conditions in which the visibility, the distance between clouds and the main cloud lower limit at least correspond to the minimum values laid down for visual flights.
61.		Sonder sightings:
		Vision flights carried out on the basis of a clearance issued by the relevant air traffic control authority and in which the visual flight weather conditions are not met.
62.		Day:
		period of time not covered by the concept of the night.
63.		Separation:
		means the application of at least 500 ft vertical staggering between sight and instrument flights (unless there is a minimum vertical staggering of 1000 ft in the case of the risk of vertebral towing), or that visual flights outside the Side-to-side flight path tolerances of instrument flights.
64.		Transition heights:
		those high above the mean sea level, in or below which the flight heights of aircraft are determined in the vicinity of the airfield for air traffic control purposes with reference to the mean sea level.
65.		Overtaking:
		a process in which an aircraft approaches another aircraft from the rear on a straight line which forms an angle of less than 70 ° with the plane of symmetry of the aircraft to be overhauled.
66.		Responsible pilot:
		the person responsible for the safety and operation of the aircraft during its service life; in doubt, the person responsible shall be the pilot responsible for the actual conduct of the aircraft.
67.		Verbandsflights:
		Flights in which, by prior agreement, two or more power-driven aircraft are flown in the same direction and at the same speed, if the vertical distance does not more than 100 ft and the horizontal distance does not is more than 1 km between the individual aircraft.
68.		Transport Information:
		the information transmitted to the pilot by an air traffic service, or an aerodrome, via other known or observed air traffic in the vicinity of its aircraft, which is to prevent an aircraft from being used for the purpose of preventing the air traffic from being transmitted to the aircraft. To serve as a collision.
69.		Expected block time:
		the estimated time at which the aircraft will begin the movements in connection with the departure.
70.		Estimated total flight time:
		in the case of instrument flights, the expected flight time from the start to the date of arrival at the instrument approach or, if there is no navigational aid for the destination airfield, to the point of arrival at the target airport; in the case of visual flights, the expected flight time from the start to the destination of the target airport.
71.		expected time of arrival:
		the date on which, after the air traffic control authority has been accepted, an arriving aircraft, whose approach is delayed, will leave the stopping point in order to complete the approach in order to land.
72.		Mandatory reporting points:
		the reporting points applied with regard to the safety of aviation.
73.		Destination Airfield:
		the aerodrome designated in the flight plan on which the landing is intended.
74.		Assent:
		A permit-like permit for flights to which the provisions for cleaances are not applicable.

2. Main piece

General air traffic rules

Section 1

General

Operation of aircraft and aeronautical equipment

§ 3. (1) Aircraft may only be operated or technically operated by such persons who:

1.		the valid ID and permissions, or in the case of military aeronautical qualifications, which are intended for their activities in accordance with the provisions of the Aviation Staff Regulations, and which are
2.		have been conscientiously familiar with the rules, procedures and operating facilities that govern their activities.

(2) Those who are in an impaired condition due to the effects of alcohol, drugs, addiction, as a result of fatigue, agitation, mental or physical impairments or for other reasons, shall not be allowed to act as Flight crew member on board an aircraft.

(3) Aircraft may only be used in the flight unless there is any doubt as to their airworthiness for the respective use. Aircraft and aeronautical equipment may only be operated in such a way that neither aircraft nor their occupants, nor persons or property on the ground, will be endangered. The operation of an aircraft or an aeronautical device shall not cause any major handicap or nuisance, in particular any greater noise, than the proper operation of the aircraft or of the aircraft, or the operation of the aircraft. of the aeronautical device is unavoidable.

(4) The operation of power-driven aircraft heavier than air with rigid wings is included in Annex B lit. e mentioned air spaces (airspace class E) are in principle only allowed with a ready-to-use transponder with pressure altitude transmission. In the case of flights with the above-mentioned aircraft in the above-mentioned air spaces, air spaces are to be set at these transponders, unless otherwise indicated by an air traffic service station, the code 7 000, including the automatic pressure altitude transmission, is to be set. Exceptions to this obligation may be authorised by the competent air traffic service provider if the safety of air traffic is not affected thereby. These exceptions shall be made available in the air-travel standard manner.

(5) The operation of unmanned aerial vehicles and civil aviation equipment (such as dragons, shackles, flight models, missiles and the like), which can be used independently in the flight, at altitudes of 150 m above ground, over densely populated areas, over fire-or explosion-endangered industrial sites or on-the-air human gatherings, or under certain circumstances, which must be reckoned with over-flying of the federal borders, is only permitted with the approval of Austro Control GmbH.

(6) The operation of unmanned aerial vehicles and civil aviation equipment (such as dragons, shackles, flight models, missiles and the like), which can be used independently in the flight, within the scope of protection of a civilian airfield (§ § 35 to 42 of the German Civil Aviation Authority). Civil airfield regulation 1972, BGBl. No 313) shall be permitted only with the consent of the aerodrome control centre in the case of controlled airfields, and only with the consent of the aerodrome manager in the case of uncontrolled airfields.

(7) Bewilligations and consents in accordance with. (5) and (6) may only be granted in so far as the safety of aviation is guaranteed. They shall be granted on time, conditions, conditions and against revocation, in so far as it appears necessary in the light of the safety of the aviation sector.

(8) The provisions of paragraphs 5 and 6 shall apply to the operation of unmanned aerial vehicles and civil aviation equipment which is self-employed in the flight, within military post-control districts, military control zones and military Aerodrome traffic zones with the proviso that it is permissible only with the consent of the locally competent military flight line.

General rights and obligations of the pilot

§ 4. (1) The pilot has to comply with the orders of the air traffic control units (§ 75) and in military reserved areas as a result of the orders of the military flight lines. However, it decides independently about the guidance of the aircraft.

(2) The pilot has to comply with the provisions of aviation law. Furthermore, it must comply with the orders made in the context of air traffic control (in particular NOTAM and Aeronautical Information Publication Austria in accordance with § 172a LFG), in which the last sentence of section 1 of the last sentence remains unaffected.

(3) All occupants of an aircraft shall comply with the instructions of the pilot who, in the interests of the safety of the aircraft or in order to maintain order and safety on board the aircraft, or to comply with the requirements of the Aviation legislation meets. This obligation exists for the occupants after landing and also after leaving the aircraft for as long and as far as this is necessary in order to maintain order and security or to secure search and rescue measures is required.

Special flights subject to authorisation

§ 5. (1) flights in which the pilots or aircraft must fulfil specific conditions, such as reduced vertical separation (RVSM) or all-weather operations (All Weather Operation-AWO) or an extended operating licence for two-jet aircraft (Extended Range Twin (Engine) Operations-ETOPS), may only be carried out if a corresponding authorisation has been issued by the competent authority, provided that it does not: by another piece of legislation.

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

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

(4) The competent authority responsible for granting authorisations pursuant to paragraphs 1 to 3 shall be the Austro Control GmbH and for flights with military aircraft carrying the licence plate of an Austrian military aircraft, the Federal Minister for National Defense and Sports.

Flight Preparation

§ 6. Prior to the start of a flight, the pilot must carefully familiarise himself with all the documents at his disposal, which may be of importance for the intended flight. Flight preparation shall include a careful study of the available aeronical information, as well as the latest weather reports and weather forecasts, in the case of flights passing through the vicinity of the aerodrome, as well as in the case of instrument flights, that can be of importance for the intended flights. In the event that a flight cannot be carried out in the intended manner, evaage measures must be planned and the quantities of operating material necessary for this purpose should be provided.

Talk radio link

§ 7. (1) The obligation to establish and maintain a radio communications link within the meaning of this Regulation shall include the obligation to have a permanent hearing at the radio frequency of the relevant air traffic service; or Military air line (§ 73) and for the reception of radio communications, insofar as this is necessary in accordance with the provisions of this Regulation.

(2) The radio communications traffic for air navigation purposes may only be carried out on those radio frequencies, in those languages and in accordance with those procedures applied for this purpose.

Notsender

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

(2) No emergency broadcaster is required for

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

(3) In addition to the cases referred to in paragraph 2, further exceptions may be made for the conduct of aviation events on the occasion of the approval of the aviation events in agreement with the Austro Control GmbH, with the intention of taking into account the Safety requirements of aviation are approved.

Minimum flight heights

§ 9. (1) In the case of flights over densely populated areas, fire-or explosion-prone industrial sites or outdoor gatherings, a flight altitude is to be observed, which shall be subject to emergency landing without endangering persons or property on the The flight altitude must, however, be at least 1 000 ft above the highest obstacle from which the aircraft is less than 600 m away. In any case, the altitude of at least 3 400 ft above the densely populated areas of Vienna, Graz, Linz, Klagenfurt and Salzburg must be at least 3 400 ft above ground level for flights with power-driven aircraft over the densely populated areas of Vienna. 000 ft above the ground and over the densely populated areas of Innsbruck at least 2 000 ft above ground.

(2) In the case of flights other than those referred to in paragraph 1, a flight altitude of at least 500 ft shall be subject to compliance with the requirements.

(3) The minimum flight heights according to paragraphs 1 and 2 may only be undershot, as far as is necessary:

1.		for the purpose of departure and landing,
2.		in aerodros within the meaning of Section 58 of the LFG, also for the carrying out of landing flights without subsequent landing,
3.		on aerodros in the case of banner flights for the purpose of taking up and throwing down towed items; and
4.		with helicopters also to carry out landing flights without subsequent landing and floating flights, but only in the scope of an external landing permit, furthermore in the case of ambulance and rescue flights.

(4) Bridges and similar structures as well as strained ropes and wires must not be underflown.

(5) Exceptions to the provisions of para. 1 to 4 may only be granted in so far as this is necessary with regard to the purpose of the flights. In addition, on the basis of the skills and experience demonstrated by the pilot, it must be expected that the undershooting of the minimum flight levels will not endanger aircraft or their occupants, or any person or property on Earth, or Unnecessary noise is being harassed. The permits shall be issued for flights with civil aircraft at the request of the pilot or the aircraft holder of the Austro Control GmbH. They shall be granted on time, conditions, conditions and against revocation, in so far as this is necessary in view of the safety of the aviation sector. In the case of flights with hangings and paragliders, passengers, buildings, public transport systems (trains, cableways, ski lifts, etc.) and overhead lines shall be subject to a minimum distance of 50 metres.

(6) For flights with military aircraft, exceptions within the meaning of paragraph 5 shall be arranged in the full drawing area of the Federal Minister for National Defence and Sport.

Flight altitude

§ 10. To be used as a travel flight (Annex C) for controlled flights

1.		Flights in the case of flights at the level of the lowest available flying surface and at higher altitudes and-where this is considered-above the transitional level, or
2.		Flight heights above the mean sea level for flights at altitudes below the lowest available flying surface and-where this is possible-at the level of the transitional level and at lower levels.

Section 2

Special Air Garden

Tugs

§ 11. (1) entraining flights may only be carried out in accordance with visual flight rules.

(2) In the case of trawl flights, with the exception of gliding flights, the pilot has to agree with a person clearly perceptible at the time of taking up the item of towing in the vicinity of the point of entry, by means of which: This person shall, if necessary, indicate to him that the towed item has to be thrown off for safety reasons.

Art flights

§ 12. (1) Civil aircraft may only be guided in the aerobatic flight after the visual flight rules.

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

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

(3) In controlled air spaces, artificial flights are only permitted if the relevant air traffic control centre (§ 75) has agreed. This consent shall be granted if the performance of the duties of the air traffic control service (§ 74) does not appear at risk or is ensured by the advance of the term, conditions, conditions, and revocation reserves.

(4) Art flights shall be prohibited without prejudice to the provisions of § 9 on minimum flight heights

1.		about densely populated areas,
2.		on fire-or explosion-prone industrial sites,
3.		about human gatherings in the open air and
4.		at a height of less than 1 700 ft above ground.

(5) Exceptions to the provisions of paragraph 4 may only be granted to the extent that this is necessary with regard to the purpose of the flights. In addition, due to the skills and experience demonstrated by the pilot, it must be expected that the aerobatics will not endanger either aircraft or their occupants, or persons or property on Earth. The permits shall be issued for flights with civil aircraft at the request of the pilot, in the case of civil aviation events at the request of the organiser, from the Austro Control GmbH. They are limited in time, conditionally, subject to conditions and against revocation, than is necessary with regard to the safety of aviation.

(6) For flights with military aircraft, exceptions within the meaning of paragraph 5 shall be arranged in the full drawing area of the Federal Minister for National Defence and Sport.

Flights to the Hagelabwehr

§ 13. Flights to the Hagelabwehr are exempted from the provisions of the visual flight, the visual flight at night and the compliance with the minimum flight heights, to the extent that this is necessary for the intended implementation of such flights. In any event, the air traffic control authority which is eligible shall be notified of the implementation of such flights.

Section 3

Avoidance of clashes

Distances between aircraft

§ 14. (1) An aircraft shall not be operated in such a proximity to other aircraft that a collision risk is brought about.

(2) In order to be able to comply with the requirements of paragraph 1, the association flights (§ 2 Z 67) with civil aircraft are permissible only in accordance with visual flight rules.

Precedence

§ 15. (1) If, in accordance with the following provisions, a pilot is given priority, he shall maintain his direction and speed unchanged; however, he shall not thereby be exempted from the obligation to take all measures to prevent a To come together.

(2) Jener pilot who has to evade another aircraft in accordance with the following provisions shall only be allowed to fly above or underfly or cross this aircraft in front of him if there is such a large distance that any risk of collision will be avoided . The effects of vortex drains must also be considered.

Opposite direction

§ 16. If two aircraft are approaching each other in opposite or approximately opposite directions and there is a danger of collision, then both pilots have to change their direction to the right.

Cross courses

§ 17. If two aircraft on crossing courses approach each other at approximately the same height, then the pilot of the aircraft coming from the left has to evade the aircraft. However, the following exceptions shall apply:

1.		With the use of power-driven aircraft heavier than air, airships, gliders, hangings and paragliders and outdoor pools are to be evaished.
2.		With airships, gliders, slopes and paragliders and outdoor swimming pools are to be evisoned.
3.		With gliding planes, slopes and paragliders and outdoor pools are to be eviscated.
4.		With hanging and paragliders, it is possible to avoid outdoor swimming pools.
5.		All other aircraft which can be identified as towing aircraft shall be eviscerated by power-driven aircraft.

Overtaking

§ 18. In the case of overtaking, the pilot whose aircraft is overtaken shall take precedence; the pilot who overtakes the aircraft shall, without regard to whether his or her aircraft is rising, sinking or maintaining the altitude, shall have the flight path of the other aircraft by changing its aircraft. Avoiding the direction of the flight to the right; no change in the position of the two aircraft to each other during the overtaking operation shall be not subject to this obligation until it fully overtakes the other aircraft and a safe distance from the other aircraft has won.

Land and Start

§ 19. (1) Land and end-of-flight aircraft shall be used to evade the pilots of any other aircraft in operation.

(2) If two or more aircraft heavier than air fly into a aerodrome for landing, the pilot of the higher flying aircraft shall escape from the lower flying aircraft; the pilot of the airborne aircraft shall be allowed to fly. do not use this rule to turn on or overtake the aircraft in front of an aircraft that is in the final flight. These provisions shall not apply in so far as, with power-driven aircraft heavier than air, gliding aircraft can also be eviscated during the landing process.

(3) If the pilot of an aircraft is perceived to have been forced to land another aircraft, he shall in any case have to evade this aircraft.

(4) Staring aircraft or aircraft that are in the process of being launched have to evade pilots of rolling aircraft.

Evaage rules for watercraft

§ 20. (1) If two water-aircraft or a watercraft and a watercraft approach each other on the water and there is a risk of collision, each pilot shall have his aircraft carefully taken into account in the circumstances and The situation of the individual case, including the maneuverability of all the water aircraft and watercraft involved.

(2) If two water aircraft or a watercraft and a watercraft are approaching each other and there is a risk of collision on the water with an opposite or approximately opposite direction, each pilot shall have his or her own direction. to the right.

(3) If two water-aircraft or a water-borne vehicle and a watercraft approach each other on the water on cross-courses, then the pilot of the water-aircraft coming from the left shall be evisked.

(4) In the case of overtaking, the pilot whose watercraft is overhauled on the water shall keep his direction and speed unchanged; the pilot who has a different watercraft or a watercraft with his water-borne aircraft Water vehicle on the water has to change its direction in such a way that its aircraft maintains a safe distance from the other water aircraft or the watercraft during the entire overtaking operation.

(5) In the case of the departure of water surfaces and landings on water surfaces, a safe distance from watercraft shall be maintained with aircraft; as far as this is possible, their guidance shall not be hindered.

Instruments-Practice flights

§ 21. (1) An instrument training flight may only be carried out if a fully operational double control is installed on the aircraft, a civil flight instructor flies, and the conditions are given in accordance with the provisions of the following paragraphs.

(2) The civil flight instructor shall be entitled to carry the aircraft used for the instrument training flight in the flight.

(3) The civil flight instructor must have a sufficient field of vision to the front and to both sides. If the field of vision is limited, an observer must also be on board, who is in consultation with the civilian flight instructor, and whose field of vision compensates for the constriction of the civil flight instructor.

Operation of aircraft on civilian airfields and in the vicinity of

§ 22. (1) In the case of flying, flying over or departing from airfields, the procedures which Austro Control GmbH may apply with regard to the safety of aviation and to reduce noise nuisances shall be complied with.

(2) In the development and production of instrument flight procedures, the provisions of the International Civil Aviation Organization (ICAO), Doc. 8168, shall be applied in principle. The application of other fundamentals may only take place with the approval of the Federal Minister for Transport, Innovation and Technology.

(3) Flights in the air traffic control of controlled airfields shall be permitted only as controlled flights. When a controlled airfield is being used, a radio link (§ 7) with the radio link (§ 7) shall be made available at least 3 minutes before the entry into the control zone, in accordance with the procedures applied in accordance with paragraph 1, unless otherwise indicated. Airfield inspection post if there is the possibility of a voice radio link. Otherwise, the instructions given by optical signals and signs (Annex A, Section B) should be taken into account.

(4) The pilot of an aircraft in operation has to observe the aerodrome traffic at airfields and in the vicinity of the airfield, to be classified into the traffic flow or to be clearly identifiable out of it.

(5) Insofar as nothing else is applied in the light of the safety of aviation and the reduction of noise nuisances, it is necessary to:

1.		Curves are executed during landing approach and after the start as left-handed curves and
2.		Landings and take-offs against the wind are to be carried out, unless for safety reasons, due to the arrangement of the slopes on the airfield or due to the traffic situation, a different direction is preferred.

(6) Without prejudice to the provisions of paragraph 1, Austro Control GmbH may apply special procedures for the safety of aviation and the prevention of noise nuisances on certain aerodros and in order to avoid noise nuisances, which require special requirements. place the pilot or the equipment or the performance of the aircraft. The execution of flights according to these special departure and departure procedures is only permitted with the approval of the Austro Control GmbH.

(7) The authorisations provided for in paragraph 6 shall be subject to conditions, limits, conditions and revocation reservations in so far as this is necessary with regard to the safety of aviation and to the avoidance of noise pollution.

(8) The provisions of paragraphs 1 to 7 shall also apply to civil aircraft on military airfields, on which international air traffic is operated within the scope of a joint use within the meaning of § 62 Abs 3 LFG.

Movements of rolling aircraft

§ 23. (1) In the event of the risk of collision of two rolling aircraft on manoeuvring surfaces, the following shall apply:

1.		If two aircraft are approaching each other in the opposite direction, both pilots shall stop or, as far as possible, change their direction so far to the right that a safe distance shall be given.
2.		If two aircraft are approaching each other on cross-crossing courses, the pilot of the aircraft coming from the right shall take precedence.
3.		In the case of overtaking, the pilot whose aircraft is overhauled shall take precedence; the pilot of the overtaking aircraft shall ensure that a safe distance is maintained for the overhauled aircraft during the entire overtaking operation.

(2) Aircraft rolling on maneuvering surfaces shall be held in front of all rolling stock if they have not been released for roll-over.

(3) Aircraft rolling on maneuvering surfaces shall be held in front of all illuminated stop bars (stop bars). They may not roll on until the lighting has been turned off.

Section 4

Signals, signs and lights

Observance of signals and signs

§ 24. (1) On receipt or in the case of the signals or signs described in Annex A, the pilot shall behave in accordance with the meaning of the signals and signs referred to in this Annex.

(2) If an aircraft is driven by another aircraft for intercepting purposes, it shall be immediately

1.		follow the instructions given by the driving aircraft in accordance with the provisions of Annex A, Section A,
2.		to agree to the relevant air traffic service (section 73 (1)),
3.		to try to establish a radio telephone connection with the taxable aircraft or with the intercepting point for the purpose of driving by means of a general call on the emergency frequencies applied for these purposes, and in so doing to communicate as closely as possible as possible the identity and location of the aircraft, as well as the nature and purpose of the flight,
4.		if the aircraft is equipped with a transponder, the mode and code applied for these purposes shall be chosen if no other instruction has been received from the relevant air traffic service (Section 73 (1)); and
5.		call for clarification without delay if instructions received in the radio channel contradict, without regard to their origin, instructions issued by the taxing aircraft in radio or by signals referred to in Annex A, Section A ; in the meantime, it is necessary to proceed in compliance with the instructions given by the taxing aircraft in the radio or by signals.

Use of signals and characters

§ 25. The signals and signals contained in Annex A shall be used for the purposes referred to therein. They may not be used for any other purpose. Other signals and signs that could be confused with them must not be used.

Obligation to guide the lights

§ 26. (1) All aircraft in the flight shall be exposed to collision warning lights and position lights during the night.

(2) On all aircraft on movement surfaces (§ 1 of the civil airfield regulation 1972) must be carried out during the night

1.		if they are in operation or in motion or if their movement is temporarily interrupted, position lights be visible, or
2.		if they are not turned off and illuminated in any other way, be visible to the position lights or other lights that indicate their exception, or
3.		if their engines are running, collision warning lights or other lights can be seen, which can be seen.

(3) In all aircraft, in the flight or on movement surfaces, if they are equipped with collision warning lights or other lights that indicate the running of the engines, these must also be visible in the day.

(4) Pilots may switch off the flashing lights referred to in the preceding paragraphs or reduce the intensity of the light, if otherwise the performance of their activities would be adversely affected or someone could be blinded.

(5) On all aircraft located on water surfaces, for which the International Rules for the Prevention of Collisions at Sea, BGBl. No 380/1972, Annex B, in the version BGBl. N ° 529/1977, must be set from sunset to sunrise lights in accordance with the International Rules for the Prevention of Collisions at Sea. If this is not possible, lights must be set which are as similar as possible in appearance and affixing to those required in these International Regulations.

(6) In the case of outdoor swimming pools, a light must be kept at night, which is visible in a dark night in a clear atmosphere, at least 10 km in all directions.

(7) No other lights may be used on aircraft which could be confused with position lights.

Section 5

Flight Schedule

General provisions on flight schedules

§ 27. (1) Information about a planned flight (entire flight or part of a flight), which is transmitted to an air traffic service reporting point or during the flight to an air traffic service (Section 73 (1)) before departure, must be in the form of a flight Flight planes shall be defined.

(2) A flight plan may be issued for an entire flight or only for part of a flight; for a part of a flight to the extent necessary to describe that part of the flight or those aircraft maneuvers that are under Air traffic control is to be carried out.

(3) If, in accordance with the following provisions, a flight plan for a part of a flight before departure and also a flight plan for a further part of the same flight would be to be delivered during the flight, a flight plan for the entire flight shall be provided before departure if an air traffic intelligence unit is in service at the departure point.

Requirement of flight plan levy

§ 28. (1) A flight plan shall be submitted before the start of each controlled flight.

(2) In the case of other flights, a flight plan shall be issued before departure if the federal border is to be overflown. Apart from these, flights of civil aircraft are based on bilateral agreements based on bilateral agreements, which are to be made known in the air travel standard way.

(3) The pilot shall be free to submit a flight plan for all flights which are not subject to the flight schedule.

(4) The requirement to submit a flight plan includes flights with Austrian military aircraft in the framework of the military operational air traffic (§ 145a LFG) in those cases which are included in the agreement between the Federal Minister for National Defence and Sport and the Federal Minister for Transport, Innovation and Technology are to be defined in accordance with § 145a (4) of the LFG.

Flight Plan Information

§ 29. (1) Flight plans shall contain the following information in accordance with the provisions of section 30:

1.		Aircraft identification,
2.		Flight rules and the type of flight,
3.		the type of aircraft or the number of aircraft and their types, and the category for the formation of whirlwind of the aircraft (the aircraft),
4.		Equipment (radio, navigation and SSR equipment),
5.		Departure area,
6.		expected block-off time,
7.		Travel speed (travel speeds),
8.		Altitude (cruising altitude),
9.		flight route,
10.		Target airfield and estimated total duration of flight,
11.		Alternate aerodrome (alternate airfields),
12.		Maximum flight time,
13.		Total number of persons on board,
14.		Emergency equipment and
15.		where necessary, other information.

(2) In the case of flight plans submitted during the flight, the following shall be replaced:

1.		the indication of the departure place (para. 1 (5) by indicating the position from which supplementary flight plan data may be obtained, where necessary, and
2.		the indication of the block-off period (para. 1 Z 6) by indicating the time of passing the first point of the flight route from which the flight plan is to apply.

Contents of the flight plan

§ 30. (1) Each flight plan shall include, for the purpose of the flight plan levy, the information referred to in Article 29 (1), as far as they are eligible for the flight, for the entire flight route or for that part of the flight route for which the flight plan is to be will be given.

(2) If, in the case of an instrument flight, it is foreseeable before departure on the basis of the maximum duration of the flight that it may be flown to another destination airfield, information relating to the flight route to be changed shall be provided in the flight plan (insofar as: ) and of the new target airfield.

Form of flight plan levy

§ 31. (1) The flight plan shall be submitted by the pilot responsible or by his deputy. In the case of flights within the framework of an air transport company, it may also be delivered by a representative of that undertaking.

(2) If the departure takes place from an aerodrome on which an air traffic reporting point is in service, the flight plan shall be submitted in person or by telephone or by telex or electronic form. However, if the televisediation plan is not in the interest of rapid air traffic management, the reporting body shall arrange for the personal scheduling of the air-flight plan.

(3) If the ground radio station of the departure airport has agreed in the interest of a rapid handling of air traffic, the flight plan may also be delivered in the speech radio route.

(4) In the case of flights other than those referred to in paragraphs 2 and 3, the flight plan shall be either by telex or by telephone prior to departure or in the radio telephone system during the flight of the relevant air traffic service (Section 73 (1)). ,

Departure message

§ 32. (1) If a flight plan has been submitted before departure and no air traffic reporting point is in service at the departure point, the pilot or a person appointed by him shall immediately take his departure on the quickest path of the flight. the air traffic service at which the flight plan has been submitted.

(2) No departure notification as referred to in paragraph 1 is required if:

1.		the estimated block-off time is not exceeded by more than 15 minutes,
2.		there is no possibility of a rapid transmission of the departure notification; and
3.		specified in the flight plan that no departure notification will be transmitted.

(3) If no departure notification is required in accordance with paragraph 2 and if the estimated time of the unblocking is exceeded by more than 15 minutes, the reported estimated time of departure shall be reported on the quickest route of that air traffic service; to which the flight plan was made.

Changes in expected block times

§ 33. If a flight plan has been submitted and the expected block-off time

1.		by more than 30 minutes, or
2.		for a flight, which is carried out in whole or in part by instrument flight rules, by more than 15 minutes
, before the end of this period, the pilot shall forward the corrected estimated time of the pilot to that point at which the flight plan has been made or to expressly announce the cancellation of the flight plan.

Flight Plan Changes

§ 34. (1) In the case of a flight plan for controlled flights, the pilot shall, without prejudice to the provisions of Sections 36 and 37, notify any modification of the flight plan to the air traffic control centre (Section 75) eligible for this change,

1.		if a change in travel altitude is planned: aircraft identification; new travel altitude as well as travel speed at that altitude and-as far as this is considered-reported estimated overflight times of the limits of yet the following flight information areas,
2.		if a change in the route is planned and
a)			no new target aerodrome is foreseen: aircraft identification, flight rules, description of the corrected flight route, including the necessary information, starting with the location from which the route is to be changed; rectified probable times and other essential information;
b)			a new target aerodrome shall be provided: aircraft identification; flight rules, description of the corrected flight route to the new destination, starting with the location from which the route is to be changed; rectified expected Times; backup airfields and other essential information.

(2) In the case of flight plans for uncontrolled flights, the pilot shall, without prejudice to the provisions of § 36, notify any significant change in the flight plan previously to the relevant air traffic service (Section 73 (1)).

(3) A substantial change within the meaning of paragraph 2 shall apply in particular:

1.		before the departure: any change in the maximum duration of the flight or the total number of persons on board;
2.		during the flight: any overshooting of the planned total flight duration by more than 30 minutes or the destination of a new target airport.

Compliance with the flight plan

§ 35. (1) In the case of controlled flights, the pilot shall comply with the applicable flight plan without prejudice to the provisions of § § 36 and 37.

(2) In the case of uncontrolled flights, the pilot has to comply with the applicable flight plan without any significant changes (§ 34 (2) and (3)), without prejudice to the provisions of section 36.

Flight plan changes for compelling reasons

§ 36. (1) If, in the event of a controlled flight being carried out, there is a compelling need for immediate action by the pilot, the pilot shall report, as soon as the circumstances permit, the relevant air traffic control centre (§ 75), which has taken different measures from the current flight plan, and that these measures have been taken because of a compelling need.

(2) If a substantial change (§ 34 para. 2 and 3) of the applicable flight plan is required for compelling reasons (e.g. due to bad weather) when carrying out an uncontrolled flight, and no prior notification in accordance with § 34 para. 2 is possible , the pilot shall report the modification of the flight plan as soon as possible to the air traffic service (Section 73 (1)) which is eligible for this purpose.

Unintentional divergence from the flight plan

§ 37. (1) If the pilot of a controlled flight determines that he is deviating from the current flight plan, he shall proceed in accordance with the provisions of the following paragraphs.

(2) If the aircraft has been removed from the flight route specified in the flight plan, the course shall be changed in such a way as to enable it to return to this route as soon as possible.

(3) If the average true self-speed of the aircraft between reporting points is different or likely to differ from that specified in the flight plan, the average true self-speed of the aircraft shall be the pilot of the flight at the altitude of the flight. Report to the relevant air traffic service (Section 73 (1)) in the radio communication system.

(4) The estimated time of the overflight of the next mandatory reporting point or the boundary of the next flight information area or arrival at the destination airport shall be different from that known in this respect. In the case of a date of more than three minutes, the report shall be notified as soon as possible of any of these dates of the relevant air traffic service.

Closure of the flight plan

§ 38. (1) If a flight plan is submitted where a target airport is specified and no aerodrome control point is in service at the landing stage of the landing, the pilot shall have a landing report immediately after landing to the flight plan in question. Appropriate air traffic service provider. However, if it is known that there are no telecommunications equipment suitable for rapid transmission of landing notification at the airport, the pilot shall, in the case of an air traffic service, immediately before landing, if possible, in the Talking radio channels to report the imminent landing.

(2) The closure of a flight plan shall, in any case, be notified by the pilot of the relevant air traffic service (Section 73 (1)) if this notification has been imposed on him.

(3) Landenotifications shall contain the following information:

1.		Aircraft identification,
2.		Departure area,
3.		Destination Airfield (only for backup landing),
4.		Aerodrome of the landing and
5.		Landing time.

(4) No landing declaration in accordance with paragraph 3 is required if the indication in the flight plan that no landing report is transmitted has been waived to those search and rescue measures which would otherwise be initiated in case of overdue of the aircraft would be.

3. Main piece

Controlled flights

Shares

§ 39. (1) Before the start of a controlled flight, the pilot has to obtain a clearance. This clearance is to be applied for by the transmission of a flight plan (§ 28 para. 1) to the relevant air traffic control centre (§ 75).

(2) Before continuing a controlled flight, the pilot has to obtain a clearance on the basis of a modified flight plan. This clearance is to be applied for by indicating the modification of the applicable flight plan (§ 34 para. 1) to the relevant air traffic control centre.

(3) In addition, the pilot has to obtain the clearance of the relevant air traffic control centre for all aircraft manoeuvres which are the subject of the air traffic control service (Section 74 (2)), such as, in particular, roles, landing or starting on a controlled airfield.

(4) A release may refer to a valid flight plan or-as far as this is indicated by a release limit-to a part of a current flight plan or even to individual aircraft maneuvers.

(5) If the pilot has requested a preferred release, he must justify the necessity of favouritism if requested by the air traffic control authority. For flights within the framework of military operational air traffic (§ 145a LFG), preference shall be given in the agreement between the Federal Minister for National Defence and Sport and the Federal Minister for Transport Innovation and Technology in accordance with § § § 145a of the German Federal Ministry of Transport and Technology. 145a LFG.

(6) Clearances are to be granted exclusively in accordance with the provisions concerning the duties of the air traffic control service (§ 74 paragraph 1, § 75 (6) and § 77). They shall be conditional, limited and subject to conditions, in so far as this is necessary in view of the safety of the aviation sector.

Voice radio communication and optical signals in controlled flights

§ 40. (1) Controlled flights are only permitted with a wireless connection (§ 7), insofar as nothing else is determined in paragraph 2 and in § 47 (3).

(2) Unless otherwise indicated in the interests of aviation safety, controlled flights are controlled in the aerodrome traffic of a controlled airfield, except for instrument flights and flights for commercial passenger transport. Voice radio connection permissible if there is no speech radio possibility. In the case of such flights, the pilot shall comply with the instructions given by optical signals and signs (Annex A, Section B).

Loss of speech radio connection in controlled flights

§ 41. (1) If a failure or malfunction of the telephone connection precludes compliance with the provisions of Section 7 (1), the pilot shall comply with the applicable procedures of the following paragraphs, unless a different procedure is applied. .

(2) If the wireless connection is due to the telephone, the pilot of a controlled flight shall be subject to visual flight weather conditions.

1.		to put the transponder on code 7 600,
2.		continue the flight in sight-flight weather conditions,
3.		to land at the nearest suitable airfield, and
4.		in the quickest way to report his landing of the relevant air traffic service (Section 73 (1)).

(3) If the telephone connection is due to a flight and if there are instrument flight weather conditions or weather conditions which make the termination of the flight appear unworkable in accordance with the provisions of paragraph 2, the pilot shall have a Instrument flight shall be carried out in accordance with the following provisions:

1.		The transponder is to be placed on code 7 600.
2.		The last assigned flight altitude and speed, or, if the minimum flight altitude is higher than the last released flight altitude, then this is to be maintained for seven minutes.
		Start the seven minutes
a)			if the flight is conducted along a route without any mandatory reporting points, or, if the air traffic control has issued the instruction, that mandatory reporting points do not have to be reported
aa)				at the time of reaching the last released flight altitude or minimum flight altitude, or
bb)				at the time of the switching of the transponder to code 7 600 whatever the later time,
b)			if the flight is conducted along a route with mandatory reporting points, and if no instruction has been given to stop the reporting of mandatory reporting points,
aa)				at the time of reaching the last released flight altitude or minimum flight altitude, or
bb)				at the time of arrival of the pilot's calculated and reported overflight time for a mandatory reporting point, or
cc)				at the time of failure to report a mandatory reporting point, whichever is the later.
3.		The flight altitude and speed shall be maintained according to the flight plan submitted to the air traffic services.
4.		If the flight is carried out or is on a laterally offset parallel course without a predetermined release limit, the flight must be guided directly into the flight route according to the flight plan in force. At the same time, the minimum flight altitude must be observed. In relation to the route to be covered or the start of the flight for the purpose of landing at an airport, the current flight plan shall be used.
5.		The flight shall continue, in accordance with the flight plan in force, to the radio navigation aid provided for use, which shall be used as an aid for the destination of the destination, and shall be made available via this radio navigation assistance before the date referred to in Z 6; Until this time, there will be a queue to fly in the waiting round of the designated radio navigation aid.
6.		The sinking flight from the radio navigation aid referred to in Z 5 shall begin as precisely as possible with respect to the time of arrival which was last received and confirmed by the pilot.
7.		If a time of arrival has not been received or confirmed, the descent shall begin at the time of the estimated time of arrival, or as close as possible to the estimated time of arrival. The estimated time of arrival shall be taken from the current flight plan.
8.		The instrument approach procedure laid down for the radio navigation aid in question shall be carried out.
9.		If possible, it is possible to land within 30 minutes of the estimated time of arrival, according to the flight schedule, or the last-received and confirmed time of arrival, which of these times is also the later.
10.		If a landing is not possible, fly to a backup airfield.

(4) The relevant air traffic control authority shall be based on the assumption that the air traffic control service for the rest of the air traffic in the airspace concerned is responsible for the assumption that the pilot of the aircraft, the radio link of which shall be is subject to compliance with the provisions of para. 2 or 3, if not

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

(5) Differing procedures for Austrian military aircraft within the framework of military operational air traffic (§ 145a LFG) are contained in the agreement between the Federal Minister for National Defence and Sport and the Federal Minister for Transport innovation and technology in accordance with Article 145a (4) of the LFG.

Location reports

§ 42. Unless otherwise indicated by the ATC (§ 75) or by the notification, the pilot has the date of the overflying of a mandatory reporting point as soon as possible in the case of controlled flights. Overflight and the flight altitude, together with any other information required, to be reported in the radio communication channels of the relevant air traffic control centre.

Termination of air traffic control

§ 43. If a flight is no longer the subject of air traffic control, the pilot shall immediately notify the relevant air traffic control authority (§ 75), provided that there is a radiotelephone facility.

4. Main piece

View flight rules

View flight-weather conditions

§ 44. (1) Without prejudice to the provisions of section 47 on special-sight flights, visual flights must be carried out in such a way that the aircraft is guided in flight under visual conditions and at intervals of clouds at least as follows: corresponding to:

1.		Within controlled airspace of category B at a level of surface 100 or above:
a)			Flight view: 8 km and
b)			the aircraft must remain outside of clouds.
2.		Within controlled airspace of class B below flying surface 100:
a)			Flight view: 5 km and
b)			the aircraft must remain outside of clouds.
3.		Within controlled airspace of classes C, D and E at a level of surface 100 or above:
a)			Flight view: 8 km,
b)			horizontal distance of clouds: 1.5 km and
c)			vertical distance of clouds: 1 000 ft.
4.		Within controlled airspace of classes C, D and E at a level below flying surface 100:
a)			Flight view: 5 km,
b)			horizontal distance of clouds: 1.5 km and
c)			vertical distance of clouds: 1000 ft.
5.		Within airspace of classes F and G at a level of surface 100 or above:
a)			Flight view: 8 km,
b)			Horizontal distance of the clouds: 1.5 km and
c)			vertical distance of clouds: 1 000 ft.
6.		Within the airspace of categories F and G at a level below surface 100, however, above a height of 3 000 ft above the mean sea level or, if this is the greater altitude, 1 000 ft above ground:
a)			Flight view: 5 km,
b)			horizontal distance of clouds: 1.5 km and
c)			vertical distance of clouds: 1000 ft.
7.		Within the airspace of category G, in or below 3 000 ft above the mean sea level, or-if this is the greater altitude-1 000 ft above ground:
a)			Flight view in the airspace of the class G: 1,5 km
b)			the aircraft must remain outside of clouds and
c)			the pilot has to have Earth's view.

(2) Visual flights with helicopters as specified in paragraph 1 (7) shall also be permitted for a flight vision of less than 1,5 km if carried out at a speed which allows the pilot to take other aircraft or obstacles in good time that it can take the necessary measures to avoid clashes in good time.

(3) Insofar as no release for a special visual flight has been issued by the relevant air traffic control centre (§ 75), it shall be prohibited within a control zone to start or land in the visual flight or to enter into a control zone. Airspace traffic zone or a space runway area at

1.		a main cloud lower limit of less than 1 500 ft, or
2.		a floor view of less than 5 km.

(4) Clearances in accordance with paragraph 3 may only be granted if the floor is at least 1.5 km and a main cloud lower limit of more than 660 ft.

(5) Clearances in accordance with paragraph 3 for special sightings with helicopters may also be granted if the conditions referred to in paragraph 4 are not met, provided that the radio link (§ 7) is established.

(6) Differing procedures for Austrian military aircraft within the framework of military operational air traffic (Section 145a of the LFG) are contained in the agreement between the Federal Minister for National Defence and Sport and the Federal Minister for Foreign Affairs Transport innovation and technology in accordance with § 145a Abs 4 LFG.

Admissibility of visual flights

§ 45. Unless otherwise specified in § § 47 and 48, sight flights may only be carried out by day and under visual-flight weather conditions. They must be planned in such a way that the landing can still be carried out at a brightness sufficient for their safe implementation; in the event that a flight cannot be carried out in the intended manner, , in particular taking into account the available weather information, provision should be made for evave measures or a time reserve, in order to ensure compliance with these provisions.

Flight heights for visual flights

§ 46. As far as visual flights of more than 5 000 ft above the mean sea level or, if this height is the greater altitude, of more than 2 000 ft above the mean sea level shall be carried out in accordance with the table of Annex C, of this Regulation shall be used as a cruising flight to the respective miserable course, unless otherwise indicated with regard to the safety of aviation.

Sonder sightings

§ 47. (1) Sonder sightings are only permitted as controlled flights within control zones and further only

1.		by day and
2.		at a flight inspection of at least 1.5 km, unless a greater flight vision is applied in the interests of aviation safety.

(2) Special vision flights with helicopters shall also be permitted for a flight vision of less than 1,5 km if carried out at a speed which allows the pilot to carry out obstacles and other aircraft in good time, that it can take the necessary measures to avoid any clashes in good time.

(3) If there is no possibility of speech radio, special visual flights are permitted-without prejudice to the provisions of section 41 (2) and excluding flights for commercial passenger transport-without a radio link, if

1.		Flown into a control zone only for the purpose of landing and the shortest route to the target airfield is complied with, or
2.		in a control zone and leaving it in the shortest path,
provided that no other flight path has been applied in the interest of safety by the relevant air traffic control centre (Section 75 (4) and (5)).

(4) Without prejudice to the provisions of section 44 (4), releases for special-sight flights may be granted only if it allows the traffic situation and the safety of aviation in general.

Sighting at night

§ 48. (1) Night vision flights are permitted only as controlled flights, except in the case of uncontrolled aerodrome traffic and unless otherwise specified in para. 4 and 5.

(2) Unless otherwise specified in paragraphs 4 and 5, sightings shall be carried out at night only at:

1.		Flight view at least 5 km (helicopters in CTRs at least 1.5 km flight view),
2.		Horizontal distance from the clouds at least 1.5 km (helicopters in CTRs free of clouds),
3.		Vertical distance from the clouds at least 1 000 ft and earth view (helicopters in CTRs free of clouds and earth view) and
4.		Floor view at least 5 km (1.5 km for helicopter flights in CTRs), provided that it is reported by an observer authorised by the competent authority.

(3) If a flight is started as a visual flight at night, the flight plan shall be submitted no later than 30 minutes before departure, if the flight is not to be carried out exclusively in aerodrome traffic or with helicopters according to para. 4 and 5. If a visual flight is continued as a visual flight at night, at the latest ten minutes prior to the date on which the flight is to be carried out at night, the flight plan shall be submitted and a clearance for implementation shall be made. of the flight of sight at night.

(4) Visual flights at night with helicopters for carrying out ambulance or rescue flights (§ 2 of the Civil Aviation Vehicle Ambulance and Rescue Flight Ordinance, BGBl. No 126/1985) or any direct related flights (such as, in particular, return flights from the place of use) are, with the agreement of the competent air traffic control authority (§ 75), outside controlled airspace as non-controlled flights, and in the case of weather conditions under the values set out in paragraph 2, provided that such flights are carried out at a speed which allows the pilot to perceive obstacles and other aircraft in good time for the purpose of carrying out such operations, the measures necessary to prevent clashes can meet in time.

(5) (4) shall also apply to training flights by air carriers carrying out ambulance and rescue flights. For training purposes, such flights may be carried out once a month until 10:30 p.m. local time in a radius of 15 kilometres around the aerodrome, with the proviso that the weather conditions laid down in paragraph 2 are complied with.

(6) A consent required in accordance with paragraphs 4 and 5 shall be granted in so far as the safety of air transport is ensured with regard to the traffic situation. It is to be granted on time, conditions, conditions and the right of revocation, insofar as this is necessary with regard to the safety of the aviation industry.

(7) Visual flights at night within the meaning of this Regulation may only be used for civil aircraft by holders of a valid vision-night flight or instrument flight authority, otherwise only for training purposes under the direct supervision of an authorized person. Flight instructor is performed.

(8) Visual flights at night shall be staggered, separated or provided with traffic information, in accordance with the respective airspace classification, such as sight flights.

(9) Visual flights at night may only be carried out using a transponder with a pressure altitude transmission.

(10) The pilot of a flight of sight at night shall plan and carry out the flight in such a way as to ensure, on its route, the freedom of obstacle and the absence of the flight in the controlled airspace.

Transition from visual flight to instrument flight

§ 49. (1) If the pilot intends to move from the visual flight to the instrument flight, he shall have no later than ten minutes before the intended start of the instrument flight.

1.		to submit the necessary changes to the applicable flight plan of the relevant air traffic control centre (§ 75) if a flight plan has already been submitted; or
2.		to submit a (new) flight plan and
3.		to obtain a clearance to carry out the instrument flight.

(2) The flight must not be continued until after receipt of the release as instrument flight.

5. Main piece

Instrument flight rules

Admissibility of instrument flights

§ 50. (1) Instrument flights are permitted within the territory of the Austrian territory only as controlled flights.

(2) Instrument flights may only be carried out in so far as the aircraft is equipped with the instruments and radio navigation equipment required for the route provided for.

(3) If a flight is started as an instrument flight, the flight plan shall be submitted no later than 30 minutes before departure.

Minimum flight heights for instrument flights

§ 51. (1) In the case of instrument flights, the altitude in the mountainous country shall be at least 2 000 ft, otherwise at least 1 000 ft above the highest obstacle from which the aircraft is not closer than three nautical miles, provided that no other Minimum flight altitude has been applied.

(2) The minimum flight altitude referred to in paragraph 1 shall only be subject to sub-steps

1.		for the purpose of departure and landing, and
2.		in the case of landing flights without subsequent landing with the release of the relevant air traffic control centre (§ 75).

Travel flight heights for instrument flights

§ 52. Unless otherwise indicated with regard to the safety of aviation or for operational reasons, in the case of instrument flights on a flight, the course referred to in the table of Annex C of this Regulation shall be that of the respective misleading price to be used as a travel flight.

Transition from instrument flight to visual flight

§ 53. (1) If the pilot intends to move from the instrument flight to the visual flight, he shall explicitly announce the lifting of the part of the flight plan of the relevant air traffic control centre (§ 75) in question, and the flight plan shall be lifted. to submit to it the necessary changes to the current flight plan.

(2) The pilot may only lift the part of the flight plan relating to the instrument flight if it intends to continue the flight uninterrupted for a reasonable period of time in sight-flight weather conditions and if the dominant position of the flight plan is to be Weather conditions this is likely to allow.

6. Main piece

Special provisions for flights with hangings and paragliders

Non-applicability of provisions for sailing flights and for flights with hangings and paragliders

§ 54. (1) The provisions of § § 10 (travel flues), 27 to 38 (flight plan with the exception of § 28 Abs 2), 39 to 43 (controlled flights), 46 (travel flight altitudes for visual flights), 48 (sightings at night), 49 (transition from visual flight to instrument flight) and 50 to 53 (instrument flight rules) do not apply to sailing flights as well as to flights with hangings and paragliders. Furthermore, § 12 (art flights) does not apply to flights with hangings and paragliders.

(2) The following special provisions for sailing flights apply to flights with hangings and paragliders; however, the provisions of § § 57 and 58 shall not apply to flights with hangings and paragliders.

Hangsegelflights

§ 55. (1) The flight preparation prescribed in accordance with § 6 shall include, in the case of planned flights of flights, the obligation of the pilot to inform himself of the relevant hemp flight order to the extent that the flight shall be without any injury to the flight. Flight order can be carried out.

(2) The minimum flight altitude of 500 ft prescribed in accordance with § 9 (2) may be exceeded in the case of hangsailing, if neither aircraft or their occupants, nor persons or property on the earth are endangered. The other provisions of § 9 shall remain unaffected.

Special fallback rules for gliders

§ 56. For gliders in hill-wind areas or thermal wind-up areas-without prejudice to the provisions of § § 14 to 19-additional fallback rules shall apply:

1.		If a glider flies into a thermal wind-up area in which one or more gliders are already located, then the flying glider will be in the same direction as those already in the wind-up area. is being circled by gliders.
2.		If, in the case of flying on the slope, gliding planes approach one another in the opposite direction or approximately opposite direction, that pilot has to change his flight direction to the right, which has the slope to the left.
3.		If a glider loses knowledge of the position of a gliding aircraft in the same wind-up area from which it can be assumed that it is in the immediate vicinity, it shall immediately and if possible have no sudden change of direction.

Sighting flights at night with gliding planes

§ 57. Sighting flights at night with gliding aircraft are only permitted in aerodrome traffic or with the consent of the relevant air traffic control centre (§ 75). In such cases, the weather conditions prescribed in accordance with § 48 (2) for visual flights at night must be given.

Cloud sail flights

§ 58. (1) Cloud sailing flights may only be carried out in cumulus or cumulonimbus clouds, and only in compliance with the provisions of the following paragraphs.

(2) Cloud sailing flights are only permissible if all the occupants of the sailplanes have applied a ready-to-use parachute.

(3) Wolkensegelflights are only allowed within separate areas and only with functional transponder with pressure altitude transmission.

(4) Only if there is no risk of collision with other aircraft, a cloud shall be flown into a cloud.

Flights with hangings and paragliders

§ 59. (1) The operation of hangings and paragliders in the field of aerodrome traffic shall be permitted only if the airfield control point (§ 75), in the case of uncontrolled airfields, has agreed to the aerodrome operating manager at controlled airfields. Consent may be granted only if there are no risks to the use of aerodrome traffic and of controlled flights. In this respect, it shall be granted on time, conditions, conditions and against revocation, as it appears necessary to maintain such risks.

(2) The provisions of paragraph 1 shall apply to the operation of hangings and paragliders in the field of aerodrome traffic with the proviso that it shall be admissible only with the consent of the military air line under consideration.

(3) The operation of ladders and paragliders in school and practice areas of civil aviation schools for suspension and paragliders is only with the consent of the relevant school leader, his deputy or a commissioned civilian flight instructor allowed. Approval shall be given if there are no risks to the operation of the hangings and paragliders. In this respect, it shall be granted on time, conditions, conditions and against revocation, as it appears necessary to maintain such risks.

(4) No hangings or paragliders may be put into service if it could adversely affect the safety of the air transport sector. The airspace shall be observed prior to putting into service; in any event, when another aircraft is approaching, the commissioning shall not be carried out.

7. Main piece

Special provisions for parachute jumps and outdoor swimming pools

Parachute jumps

§ 60. (1) The provisions of § § 7 (speech radio link), 9 (minimum flight levels), 10 (travel flight heights), 11 and 12 (special flight garden), 14 to 23 (avoidance of clashes), 26 (obligation to guide the lights), 27 to 38 (flight plan), 39 to 43 (Controlled flights), 46 (travel routes for visual flights), 49 (passage from visual flight to instrument flight) and 50 to 53 (instrument flight rules) do not apply to paratrooping jumps.

(2) Parachute jumps are only allowed by day and only after the sight flight rules.

(3) Before carrying out parachute jumps, the parachutist has to familiarised himself with all available weather reports and weather forecasts, in any case, in a careful manner, which is intended for the intended parachute jumps of It can be important.

(4) Parachute jumps on controlled airfields and in their vicinity are only permitted if the airfield inspection body has agreed. Parachute jumps, which are to be carried out in whole or in part in controlled air spaces, are only permitted if the relevant air traffic control centre (§ 75) has agreed to it. Parachute jumps on uncontrolled airfields and in their vicinity are only permissible if the airfield manager-at military airfields-has agreed to the military flight.

(5) In case of parachute jumps in controlled airspace or in controlled airfields and in the vicinity thereof, between the aircraft used to issue the parachutists and the relevant air traffic control point, or There is a radio communication service (§ 7) which is commissioned by the air traffic service. The consent required in accordance with paragraph 4 shall be obtained for each leap.

(6) The consent required in accordance with paragraph 4 may only be granted if there is no danger to the aerodrome traffic, in the case of jumps in accordance with paragraph 5, moreover, only if there is no danger of controlled flights being endangered. In this respect, it shall be granted on time, conditions, conditions and against revocation, as it appears necessary to maintain such risks.

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

(8) Exceptions to the provisions of paragraphs 2 and 5 are only admissible with the consent of

1.		the airfield control point for parachute jumps on controlled airfields and in the vicinity or
2.		the district inspection body or the competent approach control centre for all other parachute jumps, or
3.		the military flight line for parachute jumps within militarily reserved areas.

(9) The consent required in accordance with paragraph 8 may only be granted in so far as the security of aviation can be ensured by means of the pre-writing of conditions, conditions and limits.

Free ballooning

§ 61. (1) The provisions of § § 10 (travel flues), 12 and 13 (special flight garden), 21 (instrument practice flights), 27 to 38 (flight plan), 39 to 43 (controlled flights), 46 (travel flight heights for visual flights), 49 (transition from visual flight to instrument flight) and 50 to 53 (instrument flight rules) do not apply to outdoor swimming pools.

(2) Outdoor swimming pools may only be carried out in accordance with line-of-sight rules and only if the pilot has provided the following information at least one hour before the intended ascent of the next air traffic service (Section 73 (1)):

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

(3) The pilot shall ensure that the actual ascent time is immediately transferred to the nearest air traffic service, if it is more than 15 minutes from the reported expected rise (para. 2 Z 3).

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

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

(6) Night journeys with outdoor swimming pools outside the aerodrome of controlled aerodromes shall be permitted only provided that the relevant air traffic control centre (§ 75) has agreed to the journey. Such consent may be granted only in so far as the safety of the aviation sector is ensured with regard to the traffic situation. In this respect, it must be granted on time, conditions, conditions and against revocation, as is necessary with regard to the safety of aviation.

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

8. Main piece

Special provisions for military flights

Minimum flight heights for visual flights with military aircraft in narrow valleys

§ 62. The minimum flight altitude of 500 ft prescribed in accordance with § 9 (2) may be exceeded in narrow valleys in the case of visual flights with military aircraft, if it does not include aircraft or their occupants, persons or property on earth at risk. However, the flight altitude must be at least 500 ft-based on the middle of the valley. The other provisions of § 9 shall remain unaffected.

Art flights and low-lying aircraft with military aircraft

§ 63. (1) Art flights under instrument-flight-weather conditions and low-lying flights with Austrian military aircraft are only within the framework of military operational air traffic (§ 145a LFG) on the conditions laid down in the agreement between the Federal Minister for National Defense and Sport and with the Federal Minister of Transport Innovation and Technology, according to § 145a (4) LFG, allowed.

(2) Deep-air routes and low-air areas are to be found in the air-travel standard manner.

Distances between military aircraft

§ 64. (1) The provisions of § 14 relating to distances between aircraft shall not apply to the distances between military aircraft.

(2) There is no staggering (§ § 76 and 77) between military aircraft in the case of military aircraft after the instrument flight rules as well as according to special visual flight rules between the military aircraft flying in the association.

(3) The paragraphs 1 and 2 shall also apply to foreign military aircraft, for their flight on, off or through a getaway according to the Troop Residence Act (TrAufG), BGBl. I No 57/2001. These foreign military aircraft shall be subject to the same procedures as Austrian military aircraft.

Obligation to conduct light on military aircraft and military capitalons

§ 65. Military aircraft and military capitalists are subject to the obligation to guide lights in accordance with § 26 within the framework of military operational air traffic (§ 145a LFG) on the conditions laid down in the Agreement between the Federal Minister for national defence and sport and with the Federal Minister for Transport Innovation and Technology, as defined in § 145a (4) of the LFG, with the exception of.

Night vision flights with military aircraft and military aircraft flights by instrument flight-rules outside controlled airspace and military parachute jumps

§ 66. Night vision with military aircraft as uncontrolled flights and flights with military aircraft based on instrument flight rules outside controlled airspace as well as military parachute jumps are within the scope of the military Operational air traffic (§ 145a LFG) on the conditions laid down in the agreement between the Federal Minister for National Defence and Sport and with the Federal Minister for Transport Innovation and Technology in accordance with § 145a (4) LFG shall be admissible. Section 60 (2) shall not apply.

9. Main piece

Militarily reserved areas, military airspace restrictions as well as military exercise and trial areas

Definition of militarily reserved areas

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

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

(2) The temporal military use of the areas referred to in (1) (1) to (3) corresponds to the operating times of the military air ducts and is to be made known in the air-travel-usual manner. To the extent that these areas are not used militarily, they are available for civilian use.

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

Type of airspace reservation

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

(2) In military reserved areas, the on, off and transit flights with civil aircraft shall be permitted only after clearance by the competent military air line, provided that the airspace classification is subject to a release obligation.

(3) Special sightings within the meaning of Section 47 may be carried out within the military airfield traffic zones during the operating times of the relevant military flight line.

(4) Prior to an entry into an area pursuant to § 67 (1) (1) to (4), even outside the period of a military use in accordance with § 67 (1), it is to be attempted, in any case, to use the military air line to be used as a radio link. ,

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

Classification of militarily reserved areas

§ 69. (1) The military reserved areas in accordance with § 67 (1) (1) to (3) shall be assigned to airspace class D in accordance with Annex B, unless otherwise specified below. Militarily reserved areas according to § 67 (1) Z 4 are allocated during their activation of the airspace class D. The airspace classification of the military training areas in accordance with section 67 (1) Z 5 remains unchanged even during a period of military use.

(2) The airspace classification of the military reserved areas in accordance with Section 67 (1) Z 1 to 3 shall be amended as follows out of the service periods of the relevant military air line:

1.		in the case of the military near-control districts of D to E or G,
2.		in the case of those parts of the military control zones that project into the military near-control districts in accordance with Z 1, from D to E,
3.		in the case of those parts of the military control zones located below the military near-control districts in accordance with Z 1, from D to G,
4.		in the military airfield traffic zones Aigen-South and Aigen-Nord from D to G, and
5.		at the military airfield traffic zone Wiener Neustadt I
a)			with regard to those parts which project into the TMA Vienna, from D to E and
b)			with regard to those parts below the TMA Vienna, from D to G.

Military flight restrictions and danger zones

§ 70. (1) According to Article 4 (1) (2) of the LFG, military flight-restricted areas with the geographical and time limits laid down in Annex H shall be established.

(2) With regard to the military hazard areas referred to in Annex H, it shall be pointed out that the on, off and transit flights are connected to the possible hazards listed in each case.

Military exercise and testing areas

§ 71. (1) The military reserved areas in accordance with § 67 (1) Z 2 and 3 shall be considered to be military practice areas during their time military use.

(2) In addition to the areas referred to in paragraph 1, the military testing areas of Felixdorf and Allentsteig shall be defined with the geographical and time limits laid down in Annex H.

10. Main piece

Air traffic services

Section 1

General

Air traffic services

§ 72. Air traffic services are:

1.		the Air Traffic Control Service (§ § 74 to 77);
2.		the Flight Information Service (§ 78); and
3.		the alarm service (§ 79).

Air traffic services, military flight operations

§ 73. (1) Air traffic services are the air traffic control authorities (§ 120 LFG) of Austro Control GmbH, insofar as they exercise air traffic services (§ 72).

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

Section 2

Air traffic control service

Tasks and subject-matter of the air traffic control service

§ 74. (1) The air traffic control service is the air traffic control service (§ 72) exercised by the air traffic control authorities (§ 75) in order to:

1.		to avoid collisions between aircraft,
2.		Avoid collisions between aircraft and obstacles on the maneuvering surfaces and
3.		to ensure a rapid, fluid and orderly flow of air traffic.

(2) The air traffic control service shall be exercised

1.		within controlled airspace for instrument flights and controlled visual flights (special sightings, night vision flights and other controlled visual flights),
2.		outside controlled airspace, to the extent that individual aerodromes are subject to special procedures for Departures for the purpose of entry and/or the termination of instrument flights or sightings at night are defined, including for such arrival and departure, or as far as the relevant air traffic control point (§ 75) with regard to the safety of the flight execution in individual cases Authorised use of instrument flights and visual flights at night outside controlled airspace, including those flights, and
3.		for the aerodrome of controlled airfields.

(3) No individual air traffic services corresponding to the particular airspace class shall be provided within separate areas for the individual visual flights in those airspace areas. For the duration of the activation of the separate areas, instrument flights do not receive a single-flight release into a separate area.

Air traffic control centres

§ 75. (1) Air traffic control points shall be:

1.		the district inspection post (para. 2),
2.		the approach control points (para. 3) and
3.		the aerodrome control points (para. 4).

(2) In order to fulfil the tasks referred to in Article 74 (1) (1) and (3), the district inspection body shall exercise the air traffic control service for all controlled flights, in so far as it does not comply with the conditions laid down in paragraphs 3 to 5 of a point of departure or aerodrome control. task.

(3) The air traffic control services shall carry out air traffic control services for flights, departures and other controlled flights within their area of responsibility in order to carry out the tasks referred to in Article 74 (1) (1) (1) and (3).

(4) The aerodrome control points shall carry out the air traffic control service for the traffic or traffic of the aerodrome for the purpose of fulfilling the tasks referred to in Article 74 (1) (1) to (3). other controlled flights within the control zone. Furthermore, they shall monitor the movement of persons and vehicles on the maneuvering surfaces, insofar as this is necessary for the performance of the tasks referred to in § 74 (1) (2) (2).

(5) A flight may only be under the control of an air traffic control centre. The transfer of the control of a flight from one air traffic control centre to another shall be carried out in accordance with the respective state of the surrender procedures, which shall ensure a safe, rapid and liquid flow of air traffic.

(6) A derogation from the assignment of tasks laid down in paragraph 2 to 4 at air traffic control centres by appropriate determination in the surrender procedures shall be permitted.

(7) Air traffic control bodies shall also monitor compliance with the provisions of this Regulation and the other provisions relating to aviation legislation.

Staggering

§ 76. (1) staggering shall be given if, in accordance with the respective state of the procedures, which ensure the safe operation of aircraft, the minimum distances between aircraft required for the avoidance of collision hazards are not required shall be undershot. These minimum distances shall be ensured by means of height or horizontal staggering in accordance with the following paragraphs.

(2) In the case of the altitude staggering, the air traffic control centre has to assign to the pilots of the individual aircraft various flight heights.

(3) In the case of horizontal staggering, the ATC shall carry out the control service for aircraft in such a way that:

1.		between aircraft flying on the same course, on a counter-course or on crossing courses, a distance from each other at a time or distance from each other (longitudinal staggering), or
2.		different routes are observed by the aircraft or flown over geographically determined different areas (side staggering).

Ensuring staggering

§ 77. (1) All cleaving shall be granted in such a way as to ensure staggering

1.		between instrument flights,
2.		between instrument flights and special sightings,
3.		between special-sight flights between themselves and
4.		between instrument flights and sight flights in the airspace class C.

(2) For limited sections of the steep or sinking flight of an instrument flight carried out by day, the air traffic control authority may grant a clearance without warranting the staffing required in accordance with paragraph 1, if the aircraft is under sight-flight weather conditions. In this case, the pilot himself has to ensure compliance with the necessary safety distance from other aircraft.

(3) On a case-by-case basis and if the safety of aviation is not at risk, the approach control point or the aerodrome control point may be approved by the pilot of an aircraft in the aerodrome area with the approval of the aircraft without warranty of any kind. the staggering of an aircraft that is immediately ahead of the aircraft when the pilot reports that it is in sight of the aircraft flying ahead and that it is able to comply with the necessary safety margin. In this case, the pilot himself shall ensure compliance with the necessary safety distance from the preceding aircraft. Where, in accordance with the current state of the procedures, which ensure the safe operation of aircraft, the distance to the preceding aircraft required for the prevention of hazards arising from vortex drag is not exceeded, the Air traffic control point to warn pilots of possible whirlwind drag.

(4) For flights with Austrian military aircraft in the framework of military operational air traffic (§ 145a LFG)-in particular in the case of identification flights-the staggering required in accordance with paragraph 1 to civil aircraft can be undershot. if this is necessary for the performance of military tasks. The procedures to be followed are to be laid down in an agreement between the Federal Minister for National Defense and Sport and the Federal Minister for Transport, Innovation and Technology in accordance with § 145a (4) LFG.

Section 3

Flight information and alert service

Flight Information Service

§ 78. (1) The flight information service shall be that air traffic service (§ 72) exercised by the air traffic services (Section 73 (1)) in order to provide advice and information useful for the safe and effective execution of flights. In particular, the Flight Information Service shall include the transmission of:

1.		weather reports and information on all risks to aviation related to certain weather phenomena and volcanic activities,
2.		information on changes in the usability of navigational aids and of the state of airports and related facilities;
3.		information about radioactivity and toxic chemicals in the atmosphere,
4.		Traffic information (§ 2 Z 68) and
5.		Information on the movements of unmanned outdoor pools in the air space known to the air traffic service.

(2) The flight information service shall be exercised by the air traffic services for all flights for which this information is likely to be relevant; and

1.		for the air traffic control service (§ 74); or
2.		of which the air traffic services in question are aware of other means.

Alarm Service

§ 79. (1) The alarm service is that air traffic service (§ 72), which is exercised by the air traffic services (§ 73 para. 1) according to § 120 LFG, to which according to the provisions of Civil Aviation-Search and Rescue Service 1999, BGBl. II No 376/1999, to notify the competent authorities in the relevant version when the assistance of the search and rescue service is required for an aircraft and to assist those bodies as far as is necessary.

(2) The alarm service shall be exercised by the air navigation service providers without prejudice to the provisions of section 38 (4) for all aircraft,

1.		for the air traffic control service (§ 72, section 74 (2)), or
2.		in so far as this is possible, the air navigation services shall be aware of them as a result of a flight plan levy or otherwise.

11. Main piece

Final provisions

Criminal provisions

§ 80. The transgressions of this Regulation are punishable under Article 169 of the LFG.

In-and out-of-power

§ 81. (1) This Regulation shall enter into force on 11 March 2010.

(2) With the expiry of 10 March 2010, the air traffic rules 1967 (LVR 1967), BGBl. No 56, as amended by the BGBl Regulation. II No 91/2008, except for force.

Bures Darabos