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Aircraft

Aircraft register

What are the requirements for entry in the domestic aircraft register?

Domestic aircraft register applications are regulated by the Civil Aircraft and Aeronautical Equipment Regulation 2010.

Entry into the domestic aircraft register  must be applied for together with the following documents:

  • the name and domicile or registered seat of:
    • the aircraft operator; and
    • the aircraft owner;
  • documents which prove:
    • the ownership title;
    • the nationality of the aircraft operator;
    • the right to operate the aircraft in case the aircraft operator is not the aircraft owner;
    • the name and domicile or registered seat of the aircraft manufacturer;
  • documents which show the model, type and serial number of the aircraft;
  • confirmation of the competent tax authority in case of an intra-EU acquisition of the respective aircraft;
  • documents from the country where the aircraft was manufactured which prove that the aircraft has not been registered or documents from the country where the aircraft was previously registered which prove that it is no longer registered there; and
  • documents which prove that the aircraft complies with the Civil Aircraft Noise Admissibility Regulation 2005.

Mortgages and encumbrances

Is there a domestic register for aircraft mortgages, encumbrances and other interests? If so, what are the requirements and legal effects of registration?

There is no domestic register for aircraft mortgages, encumbrances or any other interests.

The public part of the domestic aircraft register shows the following information about registered aircraft:

  • the ordinal number;
  • the nationality and registration mark;
  • the manufacturer;
  • the manufacturer’s designation;
  • the serial number;
  • the name and place of domicile or business registration of the aircraft operator; and
  • the maximum permissible take-off mass.

Detention

What rules and procedures govern the detention of aircraft?

In principle, Austrian authorities will not seize an aircraft unless they are suspicious of criminal actions in relation to the aircraft or its owner.

Further, Austrian statutory laws do not permit the confiscation of an aircraft in connection with unpaid debts (eg, air navigation or airport charges). Such arrears may be pursued as civil claims.

Under civil procedural law, the courts may issue an interim injunction preventing the aircraft from taking off. A prerequisite for an injunction is that the claimant substantiates both the claim and a risk by prima facie evidence. The interim injunction proceedings must be followed by a statement of claim within a certain period (usually 14 days).

Safety and maintenance

What rules and procedures govern aircraft safety and maintenance?

EU Regulation 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks is the principle legislation governing aircraft maintenance in Austria.

The following Austrian laws supplement the EU regulations concerning aircraft safety and maintenance, and apply to aircraft which are not governed by EU legislation:

Drones

What is the state of regulation on unmanned aerial vehicles (drones) in your jurisdiction?

From January 1 2014 drones (remotely piloted aircraft systems) may be operated in Austria.

The Austrian Aviation Act distinguishes between class 1 and class 2 vehicles.

Pilots operating class 1 vehicles require an aviation permit which is categorised according to use and mass. Class 2 vehicles (no line of sight) are treated in the same manner as regular aircraft and operate for testing purposes only.

Drone operators must comply with other applicable legislation, including legislation relating to environmental protection or safety.

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