Betriebsgenehmigung für unbemannte Fluggeräte Erteilung

• Language: de-DE
  Description:
  Title: Article 12 Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft
  URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX%3A32019R0947&from=EN
• Language: de-DE
  Description:
  Title: Section 21b paragraph 2 of the Air Traffic Regulations (LuftVO)
  URL: https://www.gesetze-im-internet.de/luftvo_2015/__21b.html
• Language: de-DE
  Description:
  Title: Common principles of the Federal Government and the states for the operation of unmanned aircraft
  URL: https://dipul.de/homepage/de/aktuelle-meldungen/gemeinsame-grundsaetze-des-bundes-und-der-laender/grundsaetze-unbemannte-luftfahrzeuge.pdf

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 approval"

The individual categories are classified 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 operational risk. You can fly your drone without prior authorization. The prerequisite is that you comply with the necessary rules for operation, such as proof of competence or safety requirements.

Business in the category "special"

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

This means that you must obtain a permit before starting flight operations in the "special" and "requiring approval" operating categories. Permits for the "requiring approval" category are not yet possible, as the corresponding UAS and the legal requirements for operation are still being developed.

You can check in advance which category your company falls into based on your own risk assessment.

The Federal Aviation Office has provided a clear flow chart on its website to help classify operations. For example, if your aircraft has a take-off weight of more than 25 kilograms or is intended to drop objects, you will need an operating license.

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

• Where will your UAS fly (ground and air)?
• How high should it fly?
• How should you fly: 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 Federal Aviation Office (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 licence in the "special" category according to Article 12 of Regulation (EU) 2019/947
• Proof of aviation 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 aviation liability insurance,
  • a certificate of competence according to A2 or higher and
  • a UAS operator number from the LBA.
• The documents you submitted are complete and correct.
  

There is no deadline.

• Contradiction

• Operating licence for unmanned aircraft
• Operation of unmanned aircraft 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 operational risk or the maximum possible personal injury
  • "Open" category means lowest operational risk: drone flight without prior approval permitted if legal requirements are met
  • Drone flight with higher risk for bystanders or non-compliance with the conditions of the "open" operating category:
    • Operation falls into the category "special" or "requiring authorization" and is subject to approval
• Requirements:
  • Aviation liability insurance
  • Proof of competence according to A2 or higher
  • UAS operator number
• Required documents:
  • Main application: Application for operating licence in the "special" category according to Article 12 of Regulation (EU) 2019/947
  • Proof of aviation 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 person) is located
• Exception: If local jurisdiction falls within one of the following federal states, the Federal Aviation Office (LBA) will handle the application:
  • Bavaria
  • Berlin
  • Brandenburg
  • North Rhine-Westphalia
  • Saarland
  • Saxony
  • Saxony-Anhalt
  • Thuringia

• Language: de-DE
  Description:
  Title: Air Traffic Regulations
  URL: https://www.gesetze-im-internet.de/luftvo_2015/