Air law" deals with the legal framework for air transport. The legal basis, available services and relevant publications are explained. The air traffic regulations and the legal basis for flight personnel and flight licences are then described.
Legal basis and services
This theory chapter deals with the legal foundations and structures of aviation, both at international and national level. It explains that laws and regulations are essential for safe and orderly air travel. Since the emergence of aviation in the early 20th century, a complex system of laws and organisations has developed to ensure aviation safety. These structures include international agreements and organisations such as the ICAO and EASA, national authorities such as the Federal Aviation Authority in Germany, as well as specific laws and regulations.
An overview is given of the most important international organisations active in aviation, such as the ICAO, JAA, EASA, Eurocontrol and FAA, as well as their tasks and objectives. National authorities such as the Federal Aviation Office, the Federal Aircraft Accident Investigation Bureau and state aviation authorities are also presented. The section emphasises the importance of laws and regulations for the regulation of all aspects of air traffic, from pilot training and aircraft maintenance to air traffic management and safety measures.
It looks at how internationally coordinated and national legal frameworks work together to make air transport safe and efficient. Aviation is an area that is strictly regulated and requires constantly evolving standards to respond to new challenges and developments.
It also presents the various services and publications that are essential for the planning and realisation of flights. The importance of up-to-date information and professional support for private and commercial aviation is emphasised. To this end, there are specialised services that provide a wide range of information and support, including the Aeronautical Information Service (AIS), Flight Information Service (FIS), Air Traffic Control (ATC), Aerodrome Information Service (AFIS), and other services such as the Aeronautical Telecommunications Service, Air Alert Service, Search and Rescue Service (SAR), and Air Traffic Flow Management (ATFM).
The flight advisory service, for example, is responsible for providing information before the flight, while the flight information service provides important information and assistance during the flight. The air traffic control service is responsible for controlling air traffic in controlled airspace.
It also describes various publications and sources of information for pilots, including aeronautical charts, the Aeronautical Information Publication (AIP VFR), Notices to Airmen (NfL), NOTAMs, and the VFReBulletin. These sources ensure that pilots have access to the latest and most relevant information for their flights.
The rules of the air
The section summarises the regulations and structures of airspace as well as the corresponding regulations for pilots. It emphasises the need to comply with international and national aviation regulations in order to ensure safety and efficiency in air traffic. These regulations are mainly based on Annex 2 of the ICAO Convention and are supplemented by European and national regulations, such as the SERA and LuftVO in Germany.
This section explains the airspace structure in Germany in accordance with ICAO regulations, including the division into upper and lower airspace and the differentiation between controlled and uncontrolled airspace. The seven airspace classes from A to G are described in detail, with each class having specific regulations regarding flight control, radio communication, entry authorisation, minimum visibility conditions and necessary equipment.
The minimum visual weather conditions for various airspace classes and special flight conditions such as special visual flights (special VFR) are also explained. Special airspaces such as restricted areas, flight restriction areas, danger areas and areas with transponder or radio communication requirements are also covered.
It emphasises the importance for pilots to be aware of these regulations, especially before international flights, and highlights the pilot's responsibility to comply with these regulations in order to ensure aviation safety.
In order to ensure safe and smooth air traffic, specific traffic rules are laid down in sections 3 and 5 of EU Regulation 923/2012 "SERA". These include both general rules of behaviour and special visual flight rules that every responsible pilot must know and follow.
General rules of behaviour: All air traffic participants must ensure safety and order without endangering or unnecessarily obstructing others. Special care must be taken in the vicinity of radio navigation systems and aerodromes. The consumption of alcohol and other psychoactive substances is strictly prohibited (in accordance with SERA.2020 and § 4 LuftVO). In addition, noise pollution must be avoided as far as possible (§ 5 LuftVO), and flying in the transonic or supersonic range according to visual flight rules is not permitted.
Avoidance rules: These rules apply to all air traffic participants, regardless of the type of flight (visual or instrument flight). The rules stipulate that aircraft on oncoming courses must take evasive action to the right and aircraft on crossing courses must follow the "right-before-left" rule. Overtaking manoeuvres must be carried out to the right, and the lower-flying aircraft has priority on approach. During take-offs, care must be taken to ensure that there is no risk of collision with landing aircraft.
Minimum safety altitudes: A minimum altitude of 500 ft AGL must be maintained over open terrain. Over densely populated areas or crowds of people, this minimum altitude is 1,000 ft above the highest obstacle within a radius of 600 m.
Altimeter, semi-circle altitudes and transponder settings: Above 3,000 ft MSL, semi-circular flight levels are to be used (what these are will of course be explained in detail), whereby the magnetic course over ground is decisive for determining the flight levels. The transponder should be set to A/C 7000 if no other code has been assigned. Above 5,000 ft MSL (or 2,000 ft AGL) the standard altimeter setting should be used.
Flights over closed cloud cover: Certain equipment and communication requirements are necessary for this.
Signals from military aircraft: When interacting with military aircraft, pilots must follow their instructions and make contact via the emergency frequency. The transponder must be set to code 7700.
These rules are crucial for safety in air traffic and must be observed and complied with by pilots at all times.
The topic of flight plans is also covered. A flight plan, which is submitted to the flight advisory service, is particularly important for safety as it provides an alert service. It contains important information such as departure and destination, route and the number of people on board and is forwarded to the relevant air traffic control centres. A flight plan must be filed for IFR flights, flights in certain airspaces, night flights and international flights. VFR flights can, for example, use a "short flight plan" for entry into regulated airspace, which is transmitted in flight.
In Germany, flight plans can be submitted by fax, telephone or internet. They must be submitted at least one hour before the scheduled departure, unless it is a traffic flow-regulated flight, in which case at least three hours in advance. In the event of delays of more than 30 minutes, an update must be made. A flight plan can also be submitted during the flight, but not for international flights or onward flights after stopovers.
A flight plan must be filled out completely and correctly, including information on aircraft identification, flight rules, aircraft type, equipment, planned route, speed, altitude, destination aerodrome and total flight duration. Supplementary information such as emergency frequencies, rescue equipment and pilot contact details are also important.
Take-off and landing messages are required to activate and close the flight plan. These messages are automatically issued by air traffic control centres at controlled aerodromes, but must be transmitted by the pilot at uncontrolled aerodromes.
It also deals specifically with the regulations at aerodromes and take-offs and landings. In Germany, the take-off and landing of aircraft and air sports equipment is generally only permitted at aerodromes, which is referred to as an aerodrome obligation. Outside take-offs or landings require special authorisation from the state or federal authorities and the consent of the landowner. The state aviation authorities are responsible for authorising the construction and operation of airfields. A distinction is made between airports, landing sites and gliding sites, whereby airports for passenger and freight traffic are equipped with instrument landing procedures, among other things. Landing strips are smaller and are subdivided into commercial airfields and special landing strips, whereby the latter are often operated by clubs. Military airfields can also be used for civilian purposes after authorisation.
In Germany, aircraft are subject to strict authorisation and registration procedures to ensure a high standard of safety. These regulations are in line with the European EASA standards, which stipulate specific construction regulations for various aircraft types. Both the owner and the operator are responsible for the operation of an aircraft. They must report any changes to the aircraft or the operator to the Federal Aviation Office. Type certification is a crucial step in which a manufacturer's production series must prove its general airworthiness. Individual aircraft within a certified type do not require separate certification as long as they conform to the type.
Airworthiness directives (LTAs) are issued by the Federal Aviation Office when problems or defects occur in certified aircraft. These instructions must be implemented within a specified period. Before an aircraft can take part in traffic, it must be authorised by the Federal Aviation Office, whereby the aircraft is entered in the aircraft register. This authorisation requires that the aircraft is owned by EU citizens. Each aircraft is given a specific registration mark, which depends on various factors such as aircraft type and weight.
A logbook is also required for operation, in which flight data and technical faults are recorded. The flight manual, which must also be on board, contains detailed information about the aircraft, including operation, operating limits and procedures for flight operations.
The regular maintenance of an aircraft is crucial for maintaining its airworthiness. This includes maintenance work, overhauls and repairs, which must be carried out by authorised companies.
Finally, the operating limits of the aircraft, which are specified in the flight manual, must be strictly adhered to. In the event of serious malfunctions, the Federal Aircraft Accident Investigation Bureau must be notified immediately. The carriage of dangerous goods is only permitted with special authorisation from the Federal Aviation Office in order to ensure air safety.
Flight personnel and licences
A valid pilot licence is required to fly an aircraft, the type of which depends on the type of aircraft and the purpose of the flight. There are various licences such as the light aircraft pilot's licence (LAPL), the private pilot's licence (PPL), the commercial pilot's licence (CPL), the multi-crew pilot's licence (MPL) and the airline transport pilot's licence (ATPL). The licence must be carried during the flight. The training content is adapted to the respective aircraft category, as each category has specific behaviours.
Private pilot training follows national and international standards, with the ICAO documents and (EASA) Part-FCL being important regulations. These standards also guarantee rights outside your own national territory. In addition to the licence, a class rating (CR) is acquired, which specifies which aircraft class may be flown, and type ratings (TR) can be acquired for special aircraft. Both ratings are only valid in conjunction with a valid licence and must be renewed regularly.
A distinction is made between commercial and non-commercial licences. For commercial flights, a licence is required that allows commercial activity as a pilot (CPL, MPL, ATPL); for private occasions, a private pilot or light aircraft pilot licence (PPL, LAPL) is sufficient. In addition, PPL and CPL can be used to obtain instrument ratings (IR), which allow you to fly an aircraft without external visibility.
International standards enable German private pilots with a German licence to fly in all ICAO states worldwide. In the EU, the licences are mutually recognised due to the Part-FCL regulations. Outside the EU, however, e.g. in the USA, recognition of the licence is required. In Germany, flight training for motor and glider aircraft, airships and balloons is carried out in accordance with EU-FCL regulations, while licences for microlight aircraft follow purely national regulations.
The private pilot licence PPL(A) entitles the holder to fly motor-powered fixed-wing aircraft and can be extended to touring motor gliders and multi-engine aircraft with piston engines. The licence may be used in non-commercial operations as a PIC (pilot in command) or co-pilot and as a flight instructor in the training of private and light aircraft pilots on these aircraft types, but the commercial carriage of persons or property in an aviation company is prohibited.
Medical fitness is a prerequisite for obtaining an aircraft pilot licence. There are three medical fitness classes: I, II and LAPL, with the validity of the medical certificate varying according to the class and age of the holder. Medical certificates can be obtained and renewed at aeromedical centres (Aeromedical Centre - AMC) or recognised aeromedical examination centres (Authorised Medical Examiner - AME). The contents of the examination are standardised throughout Europe in Part MED.
Please also refer to the corresponding articles in the Academy, where we provide a detailed overview of the requirements, process and completion of pilot training!