Criminal offences and airspace violations - a clear difference
First of all, a distinction must be made as to whether an airspace violation is classified as an administrative offence or a criminal offence. The harsher consequences apply in the case of unauthorised entry into a restricted area (ED-R) or a restricted flight area. Section 62 of the German Air Traffic Act (LuftVG) applies here, which defines unauthorised overflight of such areas as a criminal offence. Criminal offence categorised. This can be done with a Fine or even imprisonment be penalised. In addition, such a procedure also jeopardises the Background check (ZÜP) according to § 7 LuftSiG - and thus possibly the entire flying future of the person concerned.
Examples of ED-Rs that are regularly activated include
- ED-R 146 Berlin (around government facilities)
- ED-R 401 A/B over the Grafenwoehr military training area
- Temporary ED-Rs for major events or state visits
If such airspace is violated, things can get serious very quickly - with investigations by the public prosecutor's office, hearings by the police and potential criminal proceedings.
Regulatory offences: Control zones, airspace C and radio messages
Less drastic, but also associated with considerable consequences are Regulatory offencesfor example:
- Entry into a Control zone (CTR) without prior authorisation
- Entry into Airspace C or D without contacting the responsible air traffic control centre
- Disregarding approvals granted (e.g. height restriction)
- Violation of defined flight paths for IFR/GAT traffic
Such offences are treated as an administrative offence under the LuftVG and will be prosecuted by the Federal Supervisory Authority for Air Navigation Services (BAF) pursued. A clear investigation process is in place:
- DFS reports the incident to the BAF.
- The BAF requests radar tracks, radio recordings and information on the aircraft operator.
- A Hearing form is sent to the owner - with a request to comment on the matter and to name the pilot responsible.
- After examining the files, a fine is issued - or, in rare cases, the proceedings are discontinued.
Amount of fine: From three to four-digit sums - up to €50,000
The LuftVG provides for fines for administrative offences of up to 50.000 € but in practice the penalties are significantly lower. Depending on the severity of the violation and whether there was a hazard (e.g. evasive manoeuvres by other aircraft), the fine usually ranges from three- to low four-digit range.
Example: An unauthorised entry into airspace C without an immediate hazard can be penalised with 500 to 1,500 euros be penalised. However, if there was a conflict situation with IFR traffic, such as an airliner on final approach, the fine can also be 3,000 euros or more amount.
Unlike in road traffic, there are No official catalogues of fines with fixed rates. The BAF decides case-by-casewhere the financial circumstances of the pilot only play a subordinate role. A reduction of the fine due to insight or understandable circumstances is possible - but is handled rather restrictively.
Real-life example: Chassis problem - but still no afterthought
A specific case shows how little room for manoeuvre sometimes remains in practice: A pilot took off with a landing gear defect, documented by a repair invoice, and climbed to airspace C due to technical necessity in order to gain sufficient safety reserve. Although the facts of the case were plausibly explained, the BAF barely reduced the fineas no emergency had been declared. The argument of "excessive demands" was not followed. The lesson learnt: Anyone who deviates from standard procedures must document carefully and communicate by radio if possible.
Behaviour in an emergency: file inspection instead of actionism
Whether it concerns criminal proceedings or an administrative offence - the following applies to an official enquiry: Keep calm. Even if the impulse to immediately give an explanation or justify yourself is understandable, this is usually not helpful. It makes more sense:
- The accusations to take note of.
- Inspection of files either yourself or through a specialised aviation lawyer.
- Only on the basis of the complete information a considered opinion to write.
In criminal law cases, legal assistance is highly recommended anyway. A lawyer can also help in fine proceedings to have the proceedings discontinued or to achieve a more lenient assessment.
Prevention is the best protection - technical and human measures
The safest way to avoid airspace violations and their consequences is careful flight preparation:
- Current ICAO charts use (procure new ones at least once a year)
- Check NOTAMs carefullyespecially to ED-Rs or temporary restricted areas
- Flight planning with digital tools such as SkyDemon, ForeFlight, Garmin Pilot etc.
- Utilisation of Moving maps with airspace warning
- Active radio communicationeven in uncontrolled airspace
- Regular Training on airspace structure - especially for country-specific features
In addition Flight safety eventswebinars from AOPA or LBA as well as flight instructor briefings help you to refresh your knowledge and not miss out on safety-relevant updates.
Conclusion: Mistakes happen - but they shouldn't be expensive
Airspace violations are among the most frequent safety-related incidents in general aviation - even though they are largely avoidable with modern navigation equipment. The legal consequences range from fines to criminal proceedings and jeopardise not only your wallet but also your pilot's licence. This makes it all the more important, to act preventively, itself behave in a level-headed manner in the incident and, if necessary seek legal advice.
In addition, the practice of the authorities should also be critically reflected upon: A Balanced error culturethat prioritises learning over punishment would be a gain for aviation as a whole.
Source references:
Aviation magazine
