Drone regulation: What basic rules govern the operation of drones in Germany?

The operation of drones in German airspace is regulated by national law and by EU legislation, namely Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft (Regulation 2019/947), which has been applicable since 31 December 2020 in all EU member states.

On 6 May 2021, the German federal parliament implemented Regulation 2019/947 into national law, making use of the legal flexibility that the Regulation grants. The EU Regulation has priority over national law.

While Regulation 2019/947 does not distinguish between leisure or commercial civil drone activities, focusing instead on weight, specifications and intended operation, the German Air Traffic Act (LuftVG) is based on intended use and designates drones as either model aircraft or unmanned aircraft systems (UAS) (section 1 LuftVG). Thus, according to German national law, drones are considered aircraft, which means, according to section 1 LuftVG, the provisions of the LuftVG, the German Air Traffic Regulation (LuftVO), the German Air Traffic Licensing Regulation (LuftVZO), the German Air Administration Cost Regulation and the German Aircraft Inspection Ordinance apply to the operation of drones in German airspace with regard to the amendments made by the law of 6 May 2021, which were primarily in section 21h LuftVO.

In addition to the national provisions, Regulation (EU) 2018/1139 of 4 July 2018 and Regulation (EU) 2019/945 of 12 March 2019 are applicable.

The enforcement of these laws and regulations is the responsibility of both the German Federal Aviation Authority and the aviation authorities of the federal states. Questions arise such as:

What are the penalties for non-compliance with the laws and regulations governing drones?
Is there any distinction between public and private drones?
Is there any distinction between completely autonomous drones and remotely piloted drones?

Our experts Sybille Rexer and Dr Marco Remiorz answer these and other important questions in the chapter “Drone Regulation” here on Lexology.