Drone driving licence: Office cancels cost assessment for four-year-old exams

At the end of July, heise online reported that the German Federal Aviation Office (LBA) was sending out dubious cost notices totaling between 25 and 45 euros to drone enthusiasts. These were aimed at citizens who, no less than four years ago, had acquired the A1/A3 certificate of competence—colloquially “small drone driver's license”—or had (simultaneously) registered as the operator of an unmanned aircraft. The fact that the notices were even sent to users who had acquired the certificates in question between 18 June 2021 (the start of the fee obligation) and 15 August 2021 also caused criticism at the time, although the LBA itself explained when asked by heise online that the information on the fee obligation had probably not been published on the office's official online portal during this period. The Federal Office of Civil Aviation could only say that users would receive this information on the site “from 16 August 2021 at the latest.” Nevertheless, the LBA continued to collect the money at the time.

But now there seems to be a turnaround: heise online received the news from its reader Jörn Ahrens that his fee notice was cancelled following his appeal. In other words, Ahrens does not have to pay or gets his money back; administrative costs are not charged. The corresponding notice for 45 euros, the objection, and the annulment notice are available online at heise. According to Ahrens, he obtained his drone license and registration on July 11, 2021—i.e., precisely during the disputed period. The person concerned had therefore also claimed in his appeal that there was a lack of clarification regarding the costs incurred at that time. In this respect, it can be assumed that the Federal Office of Civil Aviation has changed its original view here—even if, (as usual), it does not give any specific reasons for its decision in the cancellation notice.

Asked to pay

According to information from heise online, those affected had previously failed with appropriately justified appeals and had paid to avoid being exposed to dunning proceedings and the associated further costs. In addition, there are probably a number of drone fans who have paid straight away and waived an objection as they saw no prospect of success based on reports from others. heise online reader Thomas Spangenberg had even received a precautionary note from the LBA on request that an unsuccessful objection would be associated with costs (usually amounting to at least 40 euros). In addition, there may have been reminder fees, as some people only learned about the cost assessment notice after receiving a reminder. After all, the LBA had stored the fee notice online in the personal “operator/remote pilot account” and only pointed this out in an email to the address provided at the time.

What now?

This raises the question of how the Federal Aviation Office intends to deal with these cases. Will those who have already paid, even though their notices related to the period between 18 June 2021 and 15 August 2021, now also receive their money back? And in the LBA's opinion, does it make a difference whether these people have lodged an appeal against the decision, which was then rejected? heise online has sent these questions to the office but has yet to receive an answer.

(nij)