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Drone regulation & drone law

EU drone regulation 2021 & LuftVG § 43 (German air traffic act)

Since 2021 the EU drone regulations came into force. These have been defined in the “Durchführungsverordnung” (implementing provision) (EU) 2019/947. In these regulations, drone flights are divided into operation categories, and it is defined which knowledge drone pilots need and how the registration takes place. Additionally, the “Luftverkehrsgesetz” (air traffic act), the “Luftverkehrs-Ordnung” (air traffic regulation) and the "Luftverkehr-Zulassungs-Ordnung” (Air Traffic Licensing Order) are applicable in Germany. These regulate the basis for a sufficient safeguard, the rules of conduct and conditions for flying a drone, as well as the regulations for drone flights requiring a permit.

What do you have to observe as a drone pilot?

In the following we inform you about the individual conditions.

Compulsory insurance for drones

Drones and plane models are air crafts according to the German air traffic act (LuftVG § 1). According to LuftVG § 43, owners need an appropriate liability insurance to cover claims.

 

What is an appropriate drone insurance?

A drone insurance should consist of the legally required absolute liability and a real aircraft insurance.  That covers keeping, owning and operating/flying of aircraft models of all kinds under 150 kg and drones up to max. 25 kg.

Apart from that, the coverage sum must contain minimum 750.000 units of account (in October 2022 that is about 990.000 Euro). 

Of course our drone insurances fulfill all these conditions.

UAS owner registration (“drone registration”)

Since the end of 2020, the drone pilot registration is regulated. If your drone has a take-off weight of 250 g or more or is equipped with a photo or video camera, you must get registered at the Luftfahrtbundesamt. After the registration you must attach the e-ID to your drone.

More about the UAS registration

The EU proof of competence for UAS owners (“drone pilot license”)

Since 2017 you need a proof of knowledge for navigating a drone in Germany, even as a hobby drone pilot. In 2022 the old proof of knowledge was replaced by a training certificate.

New is that a risk assessment for drone flights is required, to be able to assess the risks for people, environment and property and to categorize them into categories. The provisions for the proof of competence, remote pilot certificate and permissions are determined by these categories.

For private flights in other European countries and commercial flights, the new EU proof of competence in the open category and the remote pilot certificate for drones in the special category are required.
 

Information about the drone categories and proofs of competence

Air traffic regulation

Conditions for drone flights and no-fly areas

The LuftVO (air traffic regulation) states where you can navigate your drones and what you need to observe. The conditions for drone flights and for you as a pilot are determined in this regulation. Flight preparations and behavior in the case of a damage incident are described, too.

No-fly areas in the open category are, for example:

  • Above crowds
  • In conservation areas
  • 1,5 km area around airports
  • Flights only up to a height of 120 m
  • 150 m distance minimum to residential, commercial, industrial or recreational areas
  • 100 m distance minimum to traffic routes

In response to any legitimate request, you can try to get a flight permit for drones in these area(s).

Here you can read the complete LuftVO: More about the LuftVO

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