Betriebsgenehmigung für Drohnenflüge mit einem Risiko beantragen ("spezielle" Kategorie)

You may fly a drone without prior permission if you meet the relevant requirements. However, if the operation poses an increased risk to bystanders, you must apply for an operating permit in advance.

Unmanned Aircraft System (UAS) operations are divided into 3 categories:

• "open"
• "special"
• "subject to licensing"

The grading of the individual categories is based on the respective operating risk or the maximum possible personal injury.

If you want to operate a UAS in the "open" category, this represents the lowest operational risk. You can fly your drone without prior authorization. The prerequisite is that you comply with the required rules for operation, such as proof of competence or safety requirements.

Operation in the "special" category

If you cannot comply with the conditions of the "open" operating category, a UAS operation will be assigned to the categories requiring approval.

Thus, you must obtain a permit before commencing operations in the "special" and "permit-required" operating categories. Permits for the "subject to approval" category are currently not yet possible, as the corresponding UAS and the legal requirements for operation are still under development.

You can check in advance which category your operation should be placed in based on your own risk assessment.

The German Federal Aviation Authority provides an illustrative flow chart on its website to help you classify your operation. For example, if your aircraft has a takeoff mass of more than 25 kilograms or is intended to drop objects, then you need an operating permit.

Before operating, you should prepare a rough concept of operations. The following questions are relevant:

• Where do you want your UAS to fly (ground and airborne)?
• How high do you want it to fly?
• How should it be flown: Within visual line of sight (VLOS ¬- "Visual Line of Sight") or beyond visual line of sight (BVLOS - "Beyond Visual Line of Sight")?
• Which UAS do you want to fly with?

To obtain an operating license in the "special" category, contact the aviation authority in your state.

If the local jurisdiction falls within one of the following federal states, the Luftfahrt-Bundesamt (LBA) will handle the application:

• Bavaria
• Berlin
• Brandenburg
• North Rhine-Westphalia
• Saarland
• Saxony
• Saxony-Anhalt
• Thuringia

If possible, contact your local authority before submitting the application. You may not undertake the flight until you have received an operating permit.

• Main application: Application for operating license in the "special" category according to Article 12 DVO (EU) 2019/947.
• Proof of air liability insurance
• Proof of competence according to A2 or higher
• Operations manual (ConOps)
• Specific Operations Risk Assessment (SORA)
• If necessary, further documents such as approvals
  • for entry into geographical areas
  • for flights in control zones
  • for dropping objects

• You own
  • sufficient air liability insurance,
  • a certificate of competence according to A2 or higher and
  • a UAS operator number from the LBA.
• The documents you have submitted are complete and correct.
  

There is no deadline.

• Opposition

• Operating permit for unmanned aerial vehicles issuance.
• Operation of unmanned aerial devices such as drones is divided into 3 categories:
  • "open"
  • "special"
  • "subject to approval"
• Gradation and classification into the individual categories is based on the respective operating risk or the maximum possible personal damage
  • "open" category means lowest operational risk: drone flight permitted without prior approval if legal requirements are met
  • Drone flight with higher risk for bystanders or conditions of the operating category "open" not to be complied with:
    • Operation falls into "special" or "permit-required" category and requires approval
• Requirements:
  • Air liability insurance
  • Proof of competence according to A2 or higher
  • UAS operator number
• required documents:
  • Main application: application for operating license in the "special" category according to Article 12 DVO (EU) 2019/947.
  • Proof of air liability insurance
  • Proof of competence according to A2 or higher
  • Operations manual (ConOps)
  • SORA risk assessment (SORA - Specific Operations Risk Assessment)
  • If necessary, further documents
• responsible: Aviation authority of the federal state in which the main residence (natural person) or the company headquarters (legal entity) is located.
• Exception: if local jurisdiction falls in one of the following federal states, Luftfahrt-Bundesamt (LBA) will take over the application:
  • Bavaria
  • Berlin
  • Brandenburg
  • North Rhine-Westphalia
  • Saarland
  • Saxony
  • Saxony-Anhalt
  • Thuringia