Airport compulsory
The airfield compulsory or airfield obligation is a legal regulation that states that aircraft are generally only allowed to take off and land on assigned airfields . This also applies to aircraft that, due to their properties, would be able to land safely outside of airports, such as B. helicopters .
Airports are not compulsory in every state. While z. For example, in Germany and Switzerland, airfields are compulsory, but this is not the case in Poland.
A wide range of public and private interests are to be brought into balance with flight operations via the airport obligation, in particular the rights of disposal of property owners, the rights of residents to participate, environmental, nature, landscape and noise protection, safety issues with regard to the aircraft and third parties who Objectives of spatial and regional planning as well as state security.
Landings that take place outside of airfields are called outside landings .
Exceptions
There are exceptions to the rule of mandatory airfields such as emergency landings, safety landings, landings approved in advance, landings for rescuing people, and other landings that do not require a permit in accordance with the respective national regulations.
Legal position
Germany
In Germany, the airfield obligation describes the obligation of the pilot in charge to take off and land only on the areas intended for them . In Germany, only gliders and balloons landing out of the country are generally exempt from this airfield requirement. The destinations served airfields must also in operation be, that is, they must in aeronautical radio for the pilots to be accessible and of a person, mostly flight controllers with operator 's certificate be occupied, radio and a landline phone. If these conditions are not met, the airport is considered closed. After landing on a closed airfield, a restart permit must always be obtained from the responsible aviation authority for the aircraft . However, this is not required after a safety landing in an open field
The airfield coercive force in the German air traffic law results from § 25 , para. 1, sentence 1 in conjunction with § § 6 et seq. Air Traffic Act (LuftVG). According to this, aircraft are only allowed to take off and land at the aerodromes designated and approved for them. The pilot in charge must also use notices such as the Aviation Manual (AIP) to find out whether the airfield has been specifically approved for his aircraft type. Furthermore, a deviation from airport operating regulations (runways, operating hours, operating restriction times) can constitute a violation of the airport obligation ( Section 25 (1) sentence 3 LuftVG).
Exceptions to the mandatory airfield requirement are conclusively regulated in Section 25 (1) sentence 1 LuftVG and Section 25 (2) LuftVG.
A violation of the mandatory airfield requirement (unauthorized landing outside the country ) can be punished as an administrative offense ( Section 58 (1) no. 8a LuftVG) or a criminal offense ( Section 60 (1) no. 4 LuftVG).
Special German rules, such as the opening times of airfields and restart permits, are always a cause for criticism and calls for deregulation .
Relationship to European law
Regulations on mandatory airfields are not included in the scope of the European basic regulation for civil aviation, Regulation (EU) 2018/1139 . EASA member states are therefore free to regulate compulsory airfields differently in different countries or to waive it entirely.
history
Until 1922 there was no obligation to land at an airport in Germany . The pilot in charge could determine the take-off and landing site at his own discretion. With the Air Traffic Act of 1922 , an airport obligation was introduced for the first time. However, it was still possible to land outside of built-up areas on unpaved land and bodies of water.
After the seizure of power of the Nazis , the civil aviation administration was on the structure of the Ministry of Aviation reorganized and strengthened many regulations for aviation. When the Air Traffic Act was changed in 1935, mandatory airfields were introduced. Take-off and landing outside of airfields, the field landing , was restricted to emergencies and otherwise made a criminal offense. The newly introduced air surveillance station , the main flight log and the mandatory airfields were supposed to ensure complete monitoring of even the smallest airfields in order to prevent flight from the Reich by plane, especially by Jewish citizens, while avoiding the Reich flight tax .
In the Federal Republic of Germany , after regaining air sovereignty, many aviation regulations were adopted directly from the Third Reich , including the main flight log and airfield compulsory.
literature
- Natalie Lübben: The right to free use of the airspace (= publications on public law . Volume 638 ). Duncker & Humblot, Berlin 1993, ISBN 978-3-428-07757-1 .
- Heike Delbanco: The change of commercial airports (= Tübingen writings on constitutional and administrative law . Volume 42 ). 1st edition. Duncker & Humblot GmbH, Berlin 1998, ISBN 978-3-428-09479-0 .
Individual evidence
- ↑ a b Dölp: Aviation Act, Commentary . Ed .: Max Hofmann, Edwin Grabherr. Beck, 2002, ISBN 978-3-406-63765-0 , 25, Rn 1 .
- ↑ Natalie Lübben: The right to free use of the airspace (= publications on public law . Volume 638 ). Duncker & Humblot, Berlin 1993, ISBN 978-3-428-07757-1 , pp. 125 .
- ↑ RGBl. Born in 1935, part 1, p. 1516 - Law amending the Air Traffic Act of December 19, 1935
- ↑ Aviation Office Darmstadt is dissolved April 1, 1935. In: www.lagis-hessen.de, Hessian State Office for Historical Cultural Studies, April 1, 2019, accessed on March 7, 2020 .
