Anyone in oberthulba who wants to fly their drone over other people’s property or the whole village should not ask at the town hall, but first at the northern bavarian aviation authority in nurnberg. This was the conclusion reached by the head of the company, nicole wehner, after she had obtained information from several authorities and asked other municipalities to provide her with an up-to-date legal overview.
The problem with this new and complex issue, as wehner explained to the members of the town council at the recent meeting, is that there is not yet a generally binding legal system, and that any previous regulation can be declared null and void by a subsequent court ruling. In addition, any approval or prohibition of an overflight is dependent on the specific plans of the applicant. It is to be clarified whether it concerns official, commercial or private drone overflights, with or without photo recordings, where takeoff and landing place of the aircraft is, which weight has the drone as well as where exactly and in which air height it is to fly. For each of these points, there are separate regulations, about which only the air office of northern bavaria, as the competent authority, is fully informed.
One reason for the current discussion in the town council was the request of a local doctor, who had asked the town council for permission to take aerial photographs of public buildings and structures in oberthulba for a book of photographs. It is true that the competence of the municipality is given if the takeoff and landing of the drone as well as the operation is carried out over municipal roads and paths. But in general, the applicant should first register with the air office in nurnberg and apply for a general license.
The other reason for discussion was planned drone flights as part of the volunteers’ day on july 21 in thulba. July in thulba. At this event, a good dozen aid organizations and fire departments want to present their variety of tasks and range of services to the public in order to attract new volunteers. Since the organizers are expecting about 1,000 visitors, a flyover was not allowed, if only for safety reasons. "Who pays for personal injury and property damage if a drone crashes??", for nicole wehner, the crucial question is. A different legal situation would exist if the drone was flown away from the crowds of spectators and only its aerial footage was being broadcast on canvas on the festival grounds. In addition, questions relating to data protection had to be clarified when people were flown over. This applicant, too, should therefore make inquiries at the northern bavaria air office, the council agreed with wehner’s recommendation. "First get a general license in nurnberg, then you might be allowed to fly your drone in oberthulba.", mayor gotthard schlereth (CSU/G) summed up the essence of the discussion – well aware that there are other points to be clarified before the drone flight over municipal territory can take place.