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

It could well be that I wasn’t clear enough. Let me see if I can make it better.

A) LeSving wrote:

Is it UL? Is it an experimental homebuilt? Is it a certified vintage, or an experimental registered vintage? Where is it registered? Where are you flying from? Just saying Annex II or non-EASA doesn’t help much.

I am trying understand all cases which are not clear by reference to the AIP or EMF. Which ones? any aircraft which is under national law (and not covered by international (ICAO) or European framework (EASA). This includes UL, homebuilt, etc. There may be grey areas which I am not familiar with. Where registered ? In Europe. Where flying from ? In and out of Austria, from anywhere in Europe.

B)LeSving wrote:

Experimental homebuilt (straight from the AIP)

Okay, I am willing to accept for the moment that Exp.homebuilts are entirely covered in your post above. This takes us straight to Ultralights and the EMF table. The person listed there is indeed the person I tried to contact. He responded, and said (as far as I could tell) if you don’t come from any of the 6 countries (mentioned before, all bordering Austria) with special exemptions (called Gleichwertigkeit = equivalence) than you cannot fly into Austria. But I could not tell for sure. But I’ve been reluctant to post a long and convoluted text in German on this forum. So I forwarded it to Snoopy who seems to be from Austria. Unfortunately I deleted his email the next day. The document he had sent to me follows here : BGBLA_2017_II_49_G_C3_A4steflugverordnung_pdf

C) Now … Snoopy’s last post (above) still seems to cast doubt on the idea that with the AIP alone it is all crystal clear ;)
True is – mea culpa – I didn’t realize there are so many more “tricky” cases.

Last Edited by AJ at 09 Dec 21:49
AJ
Germany

N-reg homebuilts are really hard to fly around Europe legally. See discussions linked above, and check threads on the Lancair Evolution.

Germany allows it for 180 days and this is renewable, and this is unusual in Europe. France and the UK is 28 days only.

There are N-reg homebuilts flying in Europe, even IFR, but they are flown by wealthy individuals who have the resources to deal with anything that comes up

Administrator
Shoreham EGKA, United Kingdom

I think (!) I’ve got it. I’ll try and summarize.

Foreign registered aircraft with restricted/limited/national COFA generally require a permit in accordance with § 18 LFG for entry and operation in Austria.

According to national austrian legislation, §18 LFG (Luftfahrtgesetz → Aviation Law), anything non-certified needs prior approval from Austrocontrol before entry/operation in austrian airspace.

You send this form and apply for permission.
To get the approval, you need to send documents regarding:

  • Country of Registry (proven by registration certificate) 
  • Airworthiness evidence
  • Proof of insurance (according to §§ 164 ff LFG idgF and Regulation (EC) No. 785/2004)
  • Proof of ELT
  • Noise readin
    Example: N-reg experimental, F-reg UL.

Fees: ca. 300€, valid one year (sum and duration not confirmed).

There are two exceptions relevant to this topic:

1) Aircraft registered in an EU country with a reduced certificate of airworthiness issued in accordance with

Regulation (EU) No 748/2012, Subpart H, which comply with ICAO Annex 8,

do not require an entry clearance. (I guess – again, guessing, that this relates to “experimental aircraft” registered in EASA territory).

Example: D-reg experimental.
My assumption is that Austria has agreed on the mutual ECAC treaty .

2) “UL” (Ultralight, Microlight) airplanes (no gyrocopters etc..) registered in
1. Federal Republic of Germany,
2. Republic of Croatia,
3. Slovakia,
4. Republic of Slovenia,
5. Czech Republic
and 6. Hungary
if operated with corresponding foreign license do not require an entry clearance if the conditions of this regulation are met (transponder and so on…).
Example: D-reg UL, with german “airsport pilot license”.

Last Edited by Snoopy at 10 Dec 00:36
always learning
LO__, Austria
The below is applicable for flying a french registered UL in Austria -

@AJ you have the emails again. I will try and clear up what Austrocontrol has written you, here:

Answer from Austrocontrol, translated:


“The three-axle-controlled ultralight aircraft represents an aircraft that falls under Annex I of the VO (EU) 2018/1139. Accordingly, you are in the national regulatory area.

Accordingly, § 18 (1) (1) of the German Aviation Act (LFG), Federal Law Gazette No. 253/1957 as amended must be complied with; a civil aircraft registered abroad may only be used on the flight if the confirmations of permissible use made by another state are have been recognized to be equivalent to national austrian rules by Austro Control GmbH by a decision in accordance with paragraph 2.

A requirement for recognition is the existence of equivalence.

This means that, in the country concerned, the rules on airworthiness, operations, including the equipment required for their use, their serviceability and continuing airworthiness, have at least the same requirements as the corresponding provisions applicable in Austria.

In the course of a comparison of the national regulations of Austria and France, it was ascertained that the following deviations from the Austrian system exist, for example:
no identification plate, self-declaration (Identification Card) – no CofA, no continuous airworthiness management system, no standardized system for documentation of maintenance work, self-declaration instead of noise detection, no logbook.

In the case of France, therefore, no equivalency regarding the airworthiness directives, the operation of the flight, including the equipment required for the particular use, the serviceability and the continuing airworthiness, have at least met the same requirements as the corresponding rules applicable in Austria.

Therefore, no approval within the meaning of § 18 LFG for French registered ULs can currently be issued.
In other states (list follows) an equivalence could be determined, and was already issued via a so called “guest flight” regulation (see attached).

This guest flight regulation entered into force on 1 March 2017.

In fact, that means to us that for those states:
1. Federal Republic of Germany,
2. Republic of Croatia,
3. Slovak Republic,
4. Republic of Slovenia,
5. Czech Republic and
6. Hungary
no § 18 licenses for ultralight aircraft within the meaning of § 4 no. 1 lit. d – ZLLV 2010 are required. From recognition are excluded:
1. Flights for remuneration,
2. Test and test flights as well
3. Flights with experimental aircraft.
Attention should be paid to the “Minimum requirements for the operation of foreign-registered ultralight aircraft in the Austrian Federal Territory” in the Annex to the regulation.

This regulation stipulates that civil aircraft registered in certain states may be operated free of charge by civil aviation-holders with permits issued by these states even without recognition in accordance with § 18 and § 40 LFG in Austria.

For further questions I am gladly at your disposal."

I called the respective office today but couldn’t reach anyone. I’ll try again tomorrow and get back with anything I could find out.

Last Edited by Snoopy at 10 Dec 00:12
always learning
LO__, Austria

According to here Austria’s ECAC implementation is only partial. More details and more up to date links are further down in that thread.

€300 for a year is quite a lot. The most expensive, IIRC, was Belgium at something like €80 and most homebuilts were avoiding Belgium for that reason.

In reality, I am told by many, people “just fly” and not worry about it and that was historically standard for e.g. Spain which would take for ever to issue the permits, but it does raise potential issues with insurance validity, and there are reports of multiple busts at some German fly-in event(s).

Administrator
Shoreham EGKA, United Kingdom

Maybe @Barbeau would know more about this. He organises trips for an RV group.

LFOU, France

I spoke to Austrocontrol.

UL from mentioned 6 countries above and ECAC territory registered experimental do not need approval to fly within austria.

All others need approval according Paragraph 18. it is valid for one year or when arc/insurance runs out, whichever is earlier.

always learning
LO__, Austria

The most expensive, IIRC, was Belgium at something like €80 and most homebuilts were avoiding Belgium for that reason.

Belgium was for one year, or only a short timeframe and therefore for almost every visit?

always learning
LO__, Austria

Snoopy wrote:

Can anyone answer me:
1) Is an experimental (restricted cofa?) bound by EU law or national law?

2) I understand ECAC is a “non binding” sort of treaty about private non commercial flights?

3) The exception of Para 18 would mean that a EASA registered experimental can fly freely in Austria, correct?

1) National law regarding the aircraft, but the license to fly them is typically EASA

2) ECAC was the home of JAA, which later was taken over by EASA. EASA however, just put everything non EASA in “Annex I/II” and forgets it (leaves it up to each individual country). ECAC/JAA had a different vision, and still have. ECAC is in no position to make laws, only recommendations. In 1980 they made this recommendation for homebuilt, and in 2016 they made a similar recommendation for factory built vintage aircraft no longer maintained “according to ICAO”. Oddly, they have made no such thing for UL, but then again, UL is an EASA construct, so it is probably even more odd that EASA has not made a similar thing for UL (EASA sort of have done that with LSA. LSA being UL “heavy” and valid EASA wide. But LSA is dead in the water now that UL has increased to 600 kg). So we have a peculiar situation where homebuilt and vintage aircraft are “protected” and can fly ECAC wide, while EASA UL is completely up to each country to handle.

3) No, It must be registered in an ECAC country. ECAC has more countries than EASA.

The elephant is the circulation
ENVA ENOP ENMO, Norway

So we have a peculiar situation where homebuilt and vintage aircraft are “protected” and can fly ECAC wide

I don’t think so; see previously linked threads about the privilege matrix.

You can fly anywhere (no airspace class in Europe is closed to non-cert aircraft AFAIK) but in many cases you need a permit.

Administrator
Shoreham EGKA, United Kingdom
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