What laws apply to aircraft in flight

Air law in Germany - legal barriers to the dream of flying

Icarus was the first to demonstrate it in the Greek legend and lifted himself into the air with his wings. Leonardo da Vinci developed his famous flying machine designs around 1500. The Dream of flying seems almost as old as humanity itself.

The 1920s can be seen as the beginning of air travel. The further our technical possibilities for aviation develop, the more so legal problems surrender.

There where Aircraft cross other territories, Where Aircraft take aerial photographs or approach dangerously close to other (traffic) zones, dangers and conflicts arise. The deals with these problems Air law. The following guide focuses on that German regulations to aviation and air transport.

FAQ: Air Law

What does aviation law regulate?

Aviation law includes all regulations that affect the airspace of a state - and thus its sovereign territory. In this respect, it is to be assigned to public law.

Which sub-areas does aviation law include?

Aviation law belongs in particular to aviation law. However, questions of a civil law nature can also be part of air law as far as relationships between non-governmental persons and institutions are concerned.

What tasks does the Federal Aviation Office have?

It is a technical approval authority, the tasks of which we list in this section.

Advice on air law

German aviation law: which laws are covered by this?

The rules of air traffic are quite a broad field because, in addition to national regulations, international regulations and international agreements also play a role.

Instead, let's take a look at that below Air law in Germany throw. It regulates that domestic German air traffic with no international connection.

In German aviation law there is many points of contact with other areas of law. That is what makes this area so complex. One part belongs to public law, another part to civil law. For this reason, aviation law is also divided into two large complexes:

  • Public aviation law
    This area mainly deals with the Admission and the Operation of aircraft, their use in aviation companies, the approval of airfields and the permits for aviation personnel.
  • Air private law
    This complex regulates Legal relationships of a civil law nature related to aviation. The parties involved or affected are usually non-governmental legal subjects. Here it goes z. B. liability for damage to uninvolved third parties. Labor law issues relating to aviation personnel and the use of airfields are also of a private or civil law nature.

Depending on where the corresponding regulation is applied, aviation law can also be divided into international, supranational and national law according to the scope of application. The supranational law includes the aviation law directly applicable in the EC member states.

Incidentally, there is no one aviation law in Germany. Instead this is Legal matters are governed by many different laws and regulations.

Aviation Act for Germany (LuftVG)

The national framework for German aviation law is the Aviation Act (LuftVG), which has been amended more than 50 times since its introduction in 1922.

It is the most important law and is currently primarily concerned with that air traffic, With Liability issues, Penalty and fine regulations and so-called aviation files.

It regulates Questions about:

  • Aircraft and air personnel
  • Airfields
  • Aviation companies and events
  • Traffic regulations
  • Airport coordination, Air traffic control and the aviation weather service
  • liability for people and things not carried in the aircraft
  • Liability for people and things that are carried in the aircraft
  • Liability for delayed carriage
  • Aircraft roll and air sports equipment directory as aviation files

Aviation Regulation (LuftVO)

In addition to the Aviation Act, there are other laws relevant to aviation that may even be relevant for private individuals and businesses. One of these regulations is the air traffic regulations (LuftVO).

It describes those in aviation law regulate, the for the pilots and for the operation of aircraft in Germany be valid. It applies to all aircraft participating in air traffic, including drones (unmanned aerial vehicles) and model airplanes.

April 7th 2017 is the new air traffic regulations went into effect that too new regulations for model aircraft and drone pilots includes. It was established by the “Ordinance on the Regulation of the Operation of Unmanned Aircraft” (so-called Drone regulation) changed.

Here are some of the key innovations in air law:

  • All unmanned Aircraft, the more than 250 grams must weigh with one plaque marked (mandatory marking). The name and address of the owner of the drone must be recorded on it.
  • who Drones want to let that rise 2 kg and more weigh must have an appropriate Proof of knowledge (drone driver's license) if he wants to operate his device outside of model airfields.
  • For drones that are 5 kg and more weigh, and for the night flight pilots also need a corresponding official permission.
  • As a rule, drones are allowed not out of sight and only up to a maximum height of 100 meters be flown. If you want to ascend your model higher than 100 meters, you also need a permit for this.

Aviation Security Act (LuftSiG)

A particularly sensitive area in aviation law is the Aviation Security Act, which the Counter-terrorism in air transport should regulate. Paragraph 1 of the Aviation Security Act explains the exact purpose:

"This law serves to protect against attacks on the security of civil aviation, in particular against aircraft hijackings, acts of sabotage and terrorist attacks."

The law got especially in years 2006 into the discussion. A passage in it should give the Minister of Defense the Authority give, shoot down civil aircraft hijacked by suicide bombers, even if there are innocent passengers in it. Their lives should be sacrificed for the benefit of other people. The Federal Constitutional Court declared this part of the law for unconstitutional, so not compatible with constitutional law.

Even today, the Aviation Security Act is not entirely undisputed. This part of aviation law regulates the following points, among others:

  • control of people and things in the airport or on the airfield
  • Regulations which people on their reliability are to be checked
  • Precautionary measuresthat airport and aerodrome operators as well as airlines have to take
However, the laws named here are only a small part of air law. Other important regulations are included in the following laws:
  • Basic Law (GG) - on the exclusive legislative competence of the federal government on air traffic (Art. 73 No. 6 GG)
  • Aircraft Rights Act
  • Law to protect against Aircraft noise
  • Law on that Federal Aviation Office
  • Joint Accident Investigation Act

Duties of the Federal Aviation Office (LBA) in German aviation law

Just like that German Weather Service (DWD) and the Federal Agency for Air Traffic Control (BFS) the Federal Aviation Office (LBA) is a higher federal authority. First and foremost it is the LBA around a technical approval authority. Among other things, it has the following tasks:

  • Examination and examination monitoring to determine the Traffic safety (airworthiness) of aviation equipment
  • Admission from aviation equipment to aviation
  • Grant of License for professional pilots, Airline pilots and professional pilots of other aircraft and vehicles
  • Grant of Crew IDs for airline personnel
  • Examination of the technical and operational condition as well as the financial capacity of Air carrier and aviation schools

What does an aviation law attorney do

There are law firms and lawyers who specialize in aviation law. You work e.g. B. for Airlines, flight schools, and aviation-based companies. A lawyer specializing in this area (specialist lawyer) advises z. B. to the following Legal issues:

  • Purchase of and damage to aircraft
  • Aviation accidents and liability issues
  • Approval of aircraft
  • Dealing with the (aviation) Authorities
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Air law in Germany - legal barriers to the dream of flying
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