Regulations for the flight of drones
Written by Anna Schmaus Klughammer, LLB (hons) on 27.10.2022
Clear regulations for the operation of drones have been in place since 7 April 2017. In addition, marking has been mandatory since 1 October. Unmanned aerial systems can also be used more easily for commercial purposes.
When is a drone subject to mandatory marking?
All model aircraft and unmanned aerial systems with a take-off mass of more than 0.25 kg must be marked so that the owner can be identified quickly in the event of damage. The marking is done by means of a sticker with the name and address of the owner
When do I need proof of knowledge?
In future, proof of knowledge will be required for the operation of model aircraft and unmanned aerial systems weighing 2 kg or more. Proof is provided by a) valid pilot's licence, b) certificate after examination by a body recognized by the Federal Office of Civil Aeronautics (also possible online), minimum age: 16 years c) certificate after instruction by a commissioned air sports association (DMFV or DAeC) or a club commissioned by it (only applies to model aircraft), minimum age 14 years. The certificates are valid for 5 years. No proof of knowledge is required for operation on model flying sites.
When is a permit required?
A permit is required for the operation of model aircraft and unmanned aerial systems over 5 kg and for operation at night. This is issued by the state aviation authorities. In addition, a permit is required if flying is to take place in an area with flight restrictions (ED-R).
When does a permit exemption apply?
In principle, no permit is required for the operation of model aircraft and unmanned aerial systems below a total mass of 5 kg. The operation by authorities is generally exempt from permission if it takes place for the fulfillment of their tasks, as is the operation by organizations with security tasks, e.g. fire brigades, THW, DRK etc.
What is the operating ban?
A ban on operation applies to model aircraft and unmanned aerial systems
outside visual range for devices weighing less than 5 kg;
in and above sensitive areas, e.g. police and rescue services, hospitals, crowds of people, installations and facilities such as prisons or industrial plants, federal and state authorities, nature reserves;
above certain traffic routes;
in control zones of airports (including approach and departure areas of airports),
at flight altitudes of more than 100 meters above ground level, unless the operation takes place on a site for which a general permit for the ascent of model aircraft has been issued and for which a supervisor has been appointed, or, unless the aircraft is a multi copter, the pilot holds a valid permit as an aircraft pilot or has proof of knowledge.
over residential property if the take-off mass of the device is more than 0.25 kg or the device or its equipment are capable of receiving, transmitting or recording optical, acoustic or radio signals. Exception: The person whose rights are affected by the operation over the respective residential property expressly consents to the overflight,
over 25 kg (applies only to "unmanned aerial systems").
What regulations must I observe when using video goggles?
Flights with the aid of video goggles are permitted if they take place up to an altitude of 30 meters and the device does not weigh more than 0.25 kg or if another person is constantly watching it within visual range and is able to alert the pilot to danger. This is considered to be operation within the visual range of the controller.
"Regelungen für den Flug von Drohnen" "source: https://www.ihk-muenchen.de/de/Service/Verkehr/Drohnen" (28.10.2022)