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.

The operation of unmanned aircraft (UAS - Unmanned Aircraft System) is divided into 3 categories:

• "open"
• "special"
• "subject to authorization"

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

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

If you are unable to comply with the conditions of the "open" operating category, a UAS operation will be assigned to the categories requiring approval.

You must therefore obtain a permit before commencing flight operations in the "special" and "subject to approval" operating categories. Approvals for the "subject to approval" category are not yet possible, as the corresponding UAS and the legal requirements for operation are still under development.

You can check in advance on the basis of your own risk assessment which category your operation should be assigned to.

The German Federal Aviation Office provides a clear flow chart on its website to help you classify your operation. For example, if your aircraft has a take-off mass of more than 25 kilograms, is to be operated out of visual range, fly higher than 120 m or drop objects, you will need an operating permit.

You should draw up a rough operating concept before operation. The following questions are relevant:

• Where should your UAS fly (ground area and airspace)?
• How high should it 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, please contact the aviation authority in your federal 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 your application. You may only undertake the flight if you have an operating permit.

• Main application: Application for an operating license in the "special" category in accordance with Article 12 of Regulation (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 such as permits
  • for entry into geographical areas
  • for flights in control zones
  • for dropping objects

• You own
  • adequate 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.

The application can be submitted by e-mail or by post; if submitted by e-mail, the processing time is usually shorter. Upon receipt, your application will be reviewed as quickly as possible. If there are any queries, you will be contacted and asked to correct or supplement the documents submitted. You will receive a reply by the same method used to submit the application. If the application is submitted by post with an e-mail address, you will receive an e-mail in addition to the letter by post.

There are plans to switch to an online service in the future, but this is not yet available

The processing time is 3 to 12 weeks.

There is no deadline. The application must be submitted in good time so that it can be processed before the planned operation. Please bear in mind that processing takes several weeks. You can help to keep the processing time short by carefully compiling the required documents in accordance with the specifications.

Contradiction

• Operating license for unmanned aerial vehicles Issuance
• The operation of unmanned aerial vehicles such as drones is divided into 3 categories
  • "open"
  • "special"
  • "subject to approval"
• Grading and classification into the individual categories is based on the respective operating risk or the maximum possible personal injury
  • "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 "open" operating category not complied with:
    • Operation falls into category "special" or "subject to approval" and is subject to authorization
• Prerequisites:
  • Air liability insurance
  • Proof of competence according to A2 or higher
  • UAS operator number from the Federal Aviation Office (LBA)
• Required documents:
  • Main application: Application for an operating license in the "special" category in accordance with Article 12 of Regulation (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)
  • Further documents if necessary
• Responsible: Lower Saxony State Authority for Road Construction and Transport (NLStBV)

Lower Saxony State Authority for Road Construction and Traffic (NLStBV)

Department 42

Göttinger Chaussee 76 A

30453 Hanover

drohnen@nlstbv.niedersachsen.de

0511/3034-2414