What does airspace count?
When defining the airspace, two aspects are taken into account. After that, it is initially simply a free space above the surface of the earth, filled with air. Further classifications are made on the basis of its different gas compositions: its atmospheric gases are still well mixed for up to one hundred kilometers. This area is known as the homosphere and is bounded by the so-called Kármán line from the homopause or turbo pause above it. At the legal level, it is part of the sovereign territory below it, which in turn can influence its use through national regulations. Certain areas are made available to aviation.
Laws and Regulations
The fulfillment of mankind’s dream of flying began with Otto Lilienthal’s gliding flight in 1891, was continued with engine flights by the Wright brothers, and today there is constant further developments in the fields of unmanned flying objects or in space travel. Forecasts point to a worldwide increase of four billion passengers within the next two decades and thus a number of flights of over 50 million in 2040. In addition, nature and environmental protection, noise levels and CO² emissions around airports are increasingly coming into the public eye. The numerous existing laws and ordinances at regional, national and international levels are indispensable in this respect, but are subject to constant innovations, especially with regard to the handling of unmanned flying objects, taking into account their proportionality.
International, national and regional air traffic
The airspace over all sea and land areas assigned to a state falls under its sovereign rights and may be regulated accordingly by it. Unauthorized entry into an airspace is normally viewed as a violation of national sovereign rights.
Various international agreements regulate cross-border air traffic. These include, among other things
- Chicago Convention on international civil aviation from 1944. With the signing of a total of 52 states, it is still today the basis of international aviation law and the cause of the establishment of the International Civil Aviation Organization (ICAO)
- Montreal Convention for the amalgamation of selected carriage regulations in international air traffic. It was passed in 1999, signed by Germany five years later and is dedicated to civil liability issues, freight transport and passenger transport
Further regulations can be found at European level, including the
- Implementing Regulation (EU) 2019/947 with regulations and procedures for the operation of unmanned aerial vehicles
- General Aviation Regulation (EU) 2018/1139 with regulations on civil aviation and plans to set up an EU flight safety agency
The airspace over Germany is finally regulated as follows:
- The Aviation Act (LuftVG) serves as the legal basis
- The Aviation Security Act (LuftSiG) is intended to protect the airspace from hijacking aircraft, terrorist attacks and acts of sabotage
- The air traffic regulations (LuftVO) contains all the rules for the correct handling of air traffic
Deutsche Flugsicherung GmbH (DFS) is responsible for air traffic control. The Hessian company is organized under private law and is one hundred percent subject to the federal government.
As the leading association for aviation and general aviation, the German Aero Club eV (DAeC) represents all pilot interests.
For the division of the flight space
In order to structure national air traffic, the airspace in Germany is divided into different sections. Their names are also taken from the ICAO alphabet as they are derived from English-language terms. The dimensions are given in feet (ft), 100 feet corresponds to a good 30 meters.
- Airspace C (Charlie) moves between a flight level (FL) of 100 and 660 and thus 10,000 to 60,600 ft above sea level. Air traffic control clearances are compulsory, and the flight can be flown both with the aid of instruments (IFR, instrument flight rules) and at sight (VFR, visual flight rules).
- Airspace D (Delta) is primarily concerned with take-offs and landings and thus the transition between the ground and airspace C. It is mostly located at commercial airports.
- Airspace E (echo) can also be flown in accordance with VFR and IFR rules, but air traffic control clearance is only required for instrumental flights. It starts at 2500 ft, from 5000 ft. The use of a transponder is mandatory. Regional regulations on maximum speeds or cloud distance apply.
- Airspace G (Golf) is an uncontrolled airspace in which VFR traffic is generally permitted, IFR only in established Radio Mandatory Zones (RMZ). The lower and upper limits as well as information on the minimum flight visibility are calculated on the basis of the individual flight altitude and speed.
The airspaces A, B and F are currently not recorded.
- The Radio Mandatory Zone (RMZ) is relevant in the air spaces E and G. In it, the use of radio communication equipment is prescribed and the pilot is obliged to report his entry into the RMZ and to be ready to listen at all times. He does not need a release.
- Transponder Mandatory Zone (TMZ): Anyone who flies here is visible on the radar of the air traffic controllers concerned by carrying a transponder and relieves them from establishing a radio link.
- Areas with flight restrictions (ED-R): E corresponds to the Northern European ICAO region, D stands for Germany and R for Restricted. These restrictions can be permanent or sporadic.
- Danger area (ED-D): D for Danger – We strongly advise against dangerous flights over military territory. In an emergency contact can be made to the responsible air traffic control.
- Air exclusion areas (ED-P): Prohibited zones can be set up in Germany, but currently do not exist.
Private pleasure flying: what is allowed?
Almost 22,500 pilots and flight technicians were officially registered in Germany in 2019. The DFS gives for Summer days with perfect flying weather has over 6500 private flights and, according to its own information, registers over 50,000 VFR plans annually, which does not include around three million instrument flights.
The classic option for engine machine licenses is the Private Pilot License (PPL), plus tickets for sails, microlight aircraft, helicopters, balloons and airships. Since the beginning of 2021, proof of competence has to be provided for the operation of drones weighing more than 250 grams with the small drone driver’s license or the EU remote pilot’s certificate.
Small manned aircraft
In the case of flights by sight, private pilots do not have to obtain authorization or submit a registration within Germany. Exceptions are controlled airspaces around commercial airports, take-off or landing clearances are usually given by radio, and approval rarely has to be obtained in advance by telephone or in writing. Information on the planned flight is mandatory
- Night flights
- Flights abroad
- Flights under instrument flight rules.
Drones and model aircraft
Unmanned aerial vehicles are also subject to regulations in Germany. In accordance with the LuftVG in conjunction with the Air Traffic Licensing Regulations (LuftVZO), they are divided into model aircraft and aircraft systems:
- Flight models: unmanned aerial vehicles including remote control, which always fly within sight of the controller and are operated exclusively for recreational purposes or as a sport
- Drones: unmanned aviation systems including control stations that serve other, especially commercial purposes. Around 45,000 threats were statistically recorded in March 2020 for commercial use alone, such as filming, photo recording or mapping. The number of private drones is expected to increase by 200 percent by 2025; the number of private drones for the same year is given as 324,000.
New EU drone regulation
It has been in force since 2021, the transition period runs until January 1, 2023: the new one Drone regulation for European member states contains standardized basic rules for handling the unmanned flying objects, country-specific specifications are possible. In future, manufacturers will have to have their models certified and label them with one of five risk classes. In Germany, an air traffic control clearance must be obtained for a drone flight near international, regional or military airports according to §21 LuftVO, but under certain conditions the clearance is considered to be granted automatically. Count among them
- Maximum weight: 25 kilograms
- Minimum visibility on the ground: five kilometers
- Minimum distance to the boundary of the airfield: 1.5 kilometers
- Flight altitude: maximum 50 meters
- Flight range: in permanent view of the remote pilot without technical aids
Insurance or data protection regulations remain unaffected by the new regulation. The control of drones with camera equipment or a weight over 250 grams over private property is prohibited.
Does air space count as part of home ownership?
Although the corresponding airspace is also part of property ownership, it is limited by legal requirements. According to §905 BGB, air traffic cannot be restricted, paragliders and gliders as well Helicopter operations by rescue workers or the police may even go below the general minimum altitude of 300 meters. And construction site cranes swiveling over the property cannot be forbidden if they are safely loaded.
10/28/2021