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No UL or Annex II (now Annex 1) flights into Austria - could someone confirm ?

A few years ago, Austria published new ruling saying that none-ICAO aircraft from neighboring countries (Germany, Slovenia, etc.) where allowed to fly into / in Austria without a special permit or validation. This has applied for example to UL aircraft, annex II aircraft, etc. I assumed it meant that such aircraft from other countries were allowed too, but needed a permit, temporary or permanent.
Today I have seen a text from Austro Control – written in quite convoluted language – which states the following : none-EASA aircraft from Germany, Kroatia, Slovenia, the Czech Rep., and Hungary do not need a permit, BUT such aircraft from any other country cannot even apply for a permit. In other words such aircraft cannot fly in Austrian airspace and they cannot land. Even transit from Germany to Italy would be forbidden (yes, I know …).

Because of language used, I cannot be 100% sure of all this. Can somebody confirm ?
Unfortunately I cannot post the mentioned document and I do not have a working link either.

Last Edited by AJ at 06 Dec 21:06
AJ
Germany

Post the text please.

ATPL / IFR Instructor
Europe

AJ wrote:

annex II aircraft

If by “ICAO aircraft” you mean an aircraft with an ICAO-compliant CofA, then Annex I (as it is numbered nowadays) aircraft can certainly have that. Not all, of course.

ESKC (Uppsala/Sundbro), Sweden

I do just now discover a similar thread here on EuroGA, titled
“International overflight permissions and privileges for microlights / ultralights / UL / ULM”.
Apparently the general subject as well as the special case of Austria had been discussed before.

AJ
Germany

The last Austrian overfly permit that I got for my N registered Europa XS in 2017:

Austria and France are the only EU countries that I visited putting a VFR limitation on such permits.

Ukraine

When flying a Home-Build Aircraft AIP GEN 1.5 comes to effect – witch basicly says that you can fly any Homebuild registered in an ECAC-Memberstate but with a VFR-Day only Limitation.

For UL‘s its a bit hard to find the right data – there is a law i can only find in German, its rather complicated to read but what i got out of it: you can fly a UL in Austrian Airspace when operating a German, Croatian, Slovak, Slovenian, Czech, Hungarian UL. Link local copy

The fee on overflight permits is ridiculous – however there was a price-drop on some fees around a year ago, probably it changed….

Austria

All this stuff is country specific. The “ECAC” thing was only a recommendation, not implemented except by some countries. Lots of previous threads e.g.

Homebuilt privileges

Ultralight privileges

This Austrian thing sounds like an unintended side effect / typo perhaps. But there have been significant tightenings in recent years – example. I suggest posting a screenshot of the regulation you saw.

Not everyone likes this stuff to be posted openly, but then I bump into a friend who has just paid out ~100k on one of these types and is quite shocked that he can’t just fly it all over Europe like “all the forums” told him so. So on balance I think “knowledge is good” and you have to weigh up whether your mission profile is compatible with these limitations, versus the advantages of operating one of these types.

Administrator
Shoreham EGKA, United Kingdom

AJ wrote:

Because of language used, I cannot be 100% sure of all this. Can somebody confirm ?

I‘ve been trying to find this out myself, so take my info with caution.

If you operate a plan registered in one of the listed countries Austrocontrol „reciprocates“ and you can operate within LOVV fir according paragraph 18 local copy by paying a yearly fee. For anything else you need specific prior approval.

The reasoning is that eg a PH or I registered UL/experimental can be maintained using self declaration, while this is not possible in austria. Those countries that have a similar level of oversight (eg germany) are accepted in paragraph 18.

There is also some mention of „no operation in CTR/TMA“, but I think this relates to the abiding by the rules required to fly in controlled airspace (eg not allowed with a german UL license, radio license required, not allowed if airplane is not equipped with transponder etc..).

I would be very interested to get a definitive answer. I might get in touch with Austrocontrol.

Last Edited by Snoopy at 08 Dec 00:37
ATPL / IFR Instructor
Europe

With these things, if you feel unsure (for some odd reason, don’t “want” to read AIP/NOTAM, don’t “believe” it, or whatever), then ask the appropriate authority directly. It is a mystery to me how people think that a board like this will give a definitive answer. On this board the FUD to real info is about 90% concerning these things.

ENVA ENOP ENMO, Norway

On this board the FUD to real info is about 90% concerning these things.

That’s nonsense. If you make such a claim, prove it!

Everybody knows the AIP is (supposedly) the primary reference for pilots and exists to comply with ICAO requirements. A post on EuroGA is potentially a useful pointer, however, especially regarding “actual practice”. The linked threads contain loads of links and references, often to national legislation. That is how research is done…

But even the AIP is not the primary legislation. For non-cert privileges, the applicable law is buried in national legislation, which the AIP merely summarises.

And the AIP doesn’t always do it right, though in any properly working justice system the defendant should win, eventually, if he can show he acted per the AIP. In the meantime the aircraft has potentially been impounded and the engine fills up with rust and then who is the winner?

Administrator
Shoreham EGKA, United Kingdom
32 Posts
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