Flying in prohibited zones
Currently still regulated in § 21b LuftVO – after the amendment of the law in the future in § 21h LuftVO (see p. 16) – there are certain areas in which or above flying is prohibited – so-called no-fly zones.
For the operation categories „open“ and „specific“, the following areas are prohibited, and the following distances must be observed:
- Airfields with take-off and landing runway (up to 1000 m lateral, 5 km in the direction of approach and departure, overflight prohibited)
- Airfields without take-off and landing runway (up to 1500 m, overflight prohibited)
- Accident and emergency sites police and rescue forces (up to 100 m lateral and high)
- Military installations (up to 100 m lateral and high)
- Industrial facilities (up to 100 m lateral and high)
- Prisons (up to 100 m lateral and high)
- Constitutional institutions (up to 100 m lateral and high)
- Highways, waterways, railroad facilities (up to 100 m lateral and high)
- Nature reserves (no lateral distance, overflight prohibited)
- Residential properties (no lateral distance, overflight prohibited)
- Open-air swimming pools, bathing beaches during operating hours (no lateral distance, overflight prohibited)
- Hospitals (up to 100 m lateral and high)
However, there are also exceptions. These apply if the operation has been expressly consented to. A flight can then occur if you have obtained permission from property owners or hospitals (such as for our Medifly project).
If flying a drone constitutes a dangerous interference with air traffic because, for example, there is a risk of collision with an aircraft, a fine or imprisonment (6 months to 10 years) may be imposed according to § 315 StGB. You can also be punished with 3 points in Flensburg and the revocation of the driver’s license or the imposition of an isolated ban.
For the third operating category “certified”, § 21c LuftVO section 2 states that, due to their technical complexity and purpose of use (e.g., transport of persons, transport of dangerous goods), the traffic regulations for aircraft should generally apply to devices in this category.
To prevent unauthorized flying in no-fly zones, geofencing can be used to create “virtual cages” in the airspace of areas where devices cannot fly or take off. Most devices already have this feature built-in. The City-ATM project, in which FlyNex is also involved, is testing the possibility of creating short-term no-fly zones, such as in the event of a fire.