Even a minor incident can cause costs
An outlanding of a glider, a precautionary landing following a technical anomaly or a reported landing gear problem does not have to end in an accident.
Nevertheless, the situation can trigger a major fire brigade operation. Emergency services travel to the airfield or off-field landing site, vehicles and personnel are deployed and, if necessary, further rescue services are called out.
The fact that nobody was injured in the end and the aircraft remained undamaged does not automatically mean that this operation comes free of charge.
Fire service law is a matter for the federal states
In Germany, which costs can be charged depends primarily on the fire services, fire protection and disaster relief acts of the federal states as well as on municipal fee bylaws.
The regulations differ considerably in detail.
Several state laws explicitly provide that cost recovery can be demanded for operations connected with the operation of vehicles. In addition to motor vehicles, these can also include aircraft.
Who is ultimately held liable for the costs depends on the respective legal basis. In particular, the registered keeper or the person who caused the incident come into consideration.
Several thousand euros are possible
The level of such a claim depends heavily on the stake.
For example, deployed vehicles, personnel, duration of deployment and special equipment can be charged for. The larger the deployment, the higher the amount can be.
There are cases known in aviation where claims reached several thousand euros and in some cases amounted to around 10,000 euros.
It can become especially expensive if several vehicles or fire engines are dispatched or if the operation is sustained over a longer period of time.
Aerodrome fire services can also play a role
At larger airports, there are dedicated airport or airfield fire services.
If a pilot reports a landing gear issue, smoke generation or a potential engine failure, for example, a comprehensive standby operation can be triggered even before landing.
Whether and under what conditions costs can be recovered from the registered keeper in this regard depends in turn on the legal and contractual framework of the respective airfield.
Therefore, there is no nationwide uniform rule.
Keeper's liability insurance does not pay out automatically
It would seem obvious to assume that such costs are generally covered by the mandatory aircraft operator's liability insurance.
However, it is not quite as simple as that.
The classic aircraft owner’s liability insurance primarily serves to cover statutory claims for damages by third parties arising from the operation of the aircraft.
However, a public-law claim by a municipality for a fire service deployment is not necessarily a classic claim for damages.
Whether such costs are nevertheless included therefore depends on the respective insurance policy.
Some insurers explicitly cover certain deployment costs or do so under extended conditions. Other contracts may exclude such claims or only cover them up to a specific amount.
It is precisely cases without any damage that are interesting
Of particular importance is the question of what happens if neither personal injury nor property damage has occurred at all.
Example: A pilot declares an emergency due to a suspected landing gear malfunction. The fire service drives to the runway with several vehicles. The aircraft subsequently lands without any problems, and no technical damage can be found.
There may then be no classic public liability claim - the fire brigade call-out still incurred costs.
Vehicle owners should expressly clarify precisely such situations with their insurer.
These questions should be asked to the insurer
A general question such as „Are fire service costs insured?“ is often not enough.
It is better to use wording that is as specific as possible:
Are statutory or other costs of a fire brigade operation following an emergency, safety or precautionary landing covered by insurance, even if no personal injury or property damage has occurred?
Additionally, it should be clarified:
- Does the cover apply to municipal fire services?
- Are airfield and airport fire services also included?
- Is there a special sum insured?
- Is there an excess?
- Are only actually necessary call-outs covered?
- Are there differences between emergency, precautionary and outlandings?
Ideally, the response should be in writing.
Gliders and clubs particularly affected
This topic is also of interest to gliding clubs.
An outlanding is fundamentally part of normal operations in gliding and is not automatically an emergency. Nevertheless, a landing on unusual terrain can be interpreted as an accident by observers and trigger an emergency call.
Even in powered flight, a precautionary procedure such as a safety landing can set off a major rescue chain.
Therefore, checking the insurance terms is particularly worthwhile for clubs with multiple aircraft.
Do not mix insurance with the decision in the cockpit
However, the potential cost implication must never lead to a pilot failing to make a necessary distress call or continuing an unsafe flight out of fear of a bill.
If a situation requires an emergency or safety landing, the safe conduct of the flight must take priority.
The question of fire brigade costs therefore does not belong in the decision-making process during an emergency, but in the insurance review long before.
Conclusion
Fire brigade operations following an emergency, safety or precautionary landing can also incur charges even if no one was injured and the aircraft suffered no damage.
What claims may arise depends on the federal state, the responsible local authority, the airfield, and the circumstances of the specific deployment.
Equally, it cannot be said across the board whether the aircraft operator's liability insurance will cover this.
Therefore, keepers and clubs should specifically ask their insurer about cover for public-law fire brigade deployment costs and have the answer confirmed in writing if possible.
A quick enquiry before your next flight could, in the worst-case scenario, protect you from a surprise bill of several thousand euros.
Source references:
DAEC
