Background: Legal framework for VFR night flights
Flights under visual flight rules at night are regulated at European level by the Regulation (EU) No 923/2012 (SERA - Standardised European Rules of the Air). According to SERA.5005 letter c) No. 2 a competent national authority can impose additional requirements - for example on radio communication. Germany is now officially making use of this option.
The legal basis is Section 31 (1) of the German Air Traffic Act (LuftVG) in conjunction with Section 36 (1) of the German Air Traffic Regulations (LuftVO). The new general ruling was issued on 30 June 2025 and came into force on the following day.
New regulation: Clear radio contact for night site rounds
Up to now, uncertainties have arisen in particular at uncontrolled aerodromes or outside regular air traffic control hours: Do I have to fly with RADIO speak with the FIS or even with both?
The new ruling now provides clarity:
- With VFR night flights in the aerodrome circuit must have a Two-way radio communication can be established and maintained with :
- the local air traffic control centre (TWR) - if available,
- alternatively the AFIS (Aerodrome Flight Information Service), if available.
- To Aerodromes without air traffic services or outside office hours NfL 2024-1-3240 of the Federal Ministry of Transport is applicable. This regulates the use of aeronautical radio under these conditions separately.
Goal: Simplification and more security
The explanatory memorandum states that to date, some of the Two parallel radiotelephony connections The flight information service (FIS) and the local radio service (e.g. RADIO), for example, were required in the aerodrome circuit. This led to uncertainties and excessive demands, especially during solo flights or high radio loads.
With the new regulation, this will Simplified: The responsible radio service centre is clearly prioritised - either TWR or AFIS. One No simultaneous obligation to communicate with FIS in the aerodrome circuit at night.
This standardisation serves in particular to Operational relief for pilots and the Increasing road safety for night operations.
Scope of application and legal effectiveness
The general ruling applies nationwide for all VFR night flights at German aerodromes. It entered on 1 July 2025 and replaces the previous regulation from 2014. legally binding and can - as usual - be contested with a complaint to the Berlin Administrative Court.
Significance for practice
The new regulation is particularly relevant for:
- Flight schools and VFR night training courses
- Private pilots who hold night flying licences
- Aerodromes without permanent air traffic control services
In future, pilots should in the run-up inform whether the respective pitch has TWR or AFIS staffing and enter the correct frequency in the flight planning in advance.
It is particularly important to pay attention to the supplementary NfL 2024-1-3240 in the event of unoccupied seats, which regulates procedures such as blind reports and prioritisation rules (e.g. when flying in from different directions).
Conclusion: Simplification with added security
The new regulation on the radio obligation for VFR night flights in the aerodrome circuit is a Sensible simplificationwhich both creates legal clarity and reduces the operational workload for pilots. Especially at night - when the workload and susceptibility to errors increase - is Clear communication a central security feature.
Pilots are well advised to familiarise themselves with the new regulation - and to consistently integrate it into their night flight planning.
Source references:
NFL (the link requires a subscription to Eisenschmidt)