318. Regulation of the Federal Minister of Transport, Innovation and Technology on measures in the event of incidents and emergencies in civil aviation (civil aviation incident and emergency measures-Ordinance-ZNV)

On the basis of § 62 and § 135 of the Aviation Act, BGBl. No. 253/1957, in the version of the Federal Law BGBl. I No 149/2006, shall be:

I. Section

GENERAL

Scope

§ 1. (1) This Regulation shall lay down, without prejudice to other provisions, those measures to be taken in the event of an incident, a flight emergency or an emergency in the civil aviation sector.

(2) The provisions of this Regulation applicable to civilian airfields shall apply to military airfields in so far as the Federal Minister for National Defence has authorized the use of military airfields for civil aviation purposes and in the The framework of this authorization for international air transport is operated with the necessary permanent facilities (§ 62 para. 3 of the Aviation Act, BGBl. No 253/1957, as amended). This shall be replaced by the position of the civil aircraft holder or the holder of an airport the holder of the authorization in accordance with Section 62 of the Aviation Act and the authority of the Federal Minister for Transport, Innovation and Technology responsible for issuing the civil aviation authority in the Agreement with the Federal Minister for National Defense.

Definitions

§ 2. For the purposes of this Regulation, unless otherwise provided for by individual provisions, the following shall be deemed to be:

1.		Malfunction: a disturbance or a serious disturbance in accordance with § 2 (6) and (7) of the Accident Investigation Act, BGBl. I No 123/2005;
2.		Flight accident: an accident in the field of aviation pursuant to § 2 para. 3 of the Accident Investigation Act;
3.		Incident: a disturbance or a flight accident;
4.		Flight emergency: an event in which an aircraft is missing, has suffered a flight accident or has been in distress in other ways;
5.		Air traffic services: those parts of the Austro Control GmbH, which carry out the ATC, the Flight Information Service (FIS) and the alarm service;
6.		Emergency: Event within the limits of the airfield, which is caused by natural disasters, fires, dangerous goods and the like. is likely to pose a threat to aviation security;
7.		Head of operations: persons appointed for the management of search and rescue operations within the aerodrome rescue areas (§ 6 para. 1) of the civilian airfield holders;
8.		Emergency transmitter (ELT): A device which, after an accident, automatically or manually triggers characteristic signals on the frequencies provided for this purpose;
9.		Emergency signal: signals and signs within the meaning of Annex A of the 1967 Aviation Rules (LVR 1967), BGBl. (No 56/1967), as amended;
10.		Single-use breeding:
a)			Comprehensive entry-level training: exercise to check the deployment plan, all facilities and the interaction of all bodies, search and/or rescue and/or rescue operations. Notarcting service or in carrying out their implementation; the detailed analysis of this comprehensive single-use exercise, with the assistance of all the bodies involved in the exercise, is an integral part of this exercise;
b)			Part-single-use exercise: exercise designed to verify the rectification of shortcomings that have occurred in the implementation of the comprehensive single-use bout;
11.		Airfield reference point: the airfield reference point within the meaning of § 1 of the Civil Aviation Ordinance (ZFV 1972), BGBl. No 313/1972;
12.		Emergency landings: emergency landings within the meaning of § 10 (1) (lit). a of the Aviation Act;
13.		Pilot responsible for the pilot in the sense of § 2 LVR 1967;
14.		Annex 14: Annex 14, Volume 1, to the Convention on International Civil Aviation (AIZ), BGBl. No 97/1949, as amended;
15.		medical director: a person authorized in Austria for the self-employed exercise of the medical profession, who additionally has the qualification of a notary in the sense of § 40 of the Medical Law 1998 (ÄrzteG 1998), BGBl. I n ° 169/1998, as amended.

II. Section

CIVIL AVIATION SEARCH AND RESCUE SERVICE

Tasks of the search and rescue service

§ 3. (1) The search and rescue service shall seek civil aircraft in flight in the territory of Austria, as well as to arrange for the necessary rescue of the occupants and, if possible, the rescue of mail and freight. At the request of the competent authorities of neighbouring countries, the search and rescue service shall be involved in the search and rescue operations of the neighbouring countries. Unless otherwise specified in § 6, the management and implementation of the rescue measures shall remain in accordance with the provisions of the State Law on Civil Protection and/or Civil Protection. responsible authorities and agencies responsible for disaster relief and relief and rescue.

(2) In the event of flight emergencies of Austrian military aircraft, the search and rescue service has to arrange for the unstoppable search and rescue operations until the arrival of the military search and rescue service.

Search and rescue centre

§ 4. The implementation of the all-due search measures on the airway (§ 18) as well as the comprehensive steering of all search measures and the all-due introduction of rescue measures (alarm service) are the responsibility of the Austro Control GmbH as search engine and Rescue centre. The last sentence of Section 3 (1) remains unaffected.

Participation in search and rescue operations

§ 5. (1) The air traffic services have to participate in the implementation of search measures.

(2) In the implementation of the search measures and in the implementation of rescue operations within the aerodrome rescue area (§ 6) during the operating period of a civilian airfield, insofar as it proves to be necessary, above all

1.		request the security authorities to provide assistance in the context of their legal duties;
2.		the Bundesheer in accordance with the provisions of Art. 79 (2) (2) of the Federal Constitutional Law, BGBl. Nr. 1/1930 idF BGBl. I n ° 121/2005;
3.		Aid and rescue organisations or To use emergency services, the purpose of which is to provide assistance in the event of elementary events or other accidents;
4.		all persons having the possibility, in particular, the crew of nearby aircraft, in order to maintain the readiness to listen to the communications of aircraft in flight distress or to -to request assistance in the form of functional radio equipment and, if necessary, also for assistance.

(3) The national provisions on civil protection or civil protection Disaster relief shall remain unaffected. In the event of a flight emergency within the aerodrome rescue area or an emergency (§ 2 Z 6), the manager (§ 2 Z 7), if necessary, has to do so in accordance with the relevant national provisions on civil protection and/or emergency management. to inform the authorities responsible for disaster relief as soon as possible.

(4) For the implementation or the participation in the implementation of the rescue operations outside the airfield rescue area and outside the operating time of a civilian airfield shall be governed by the national legal regulations.

Airfield rescue area; search and rescue operations of the civilian airfield holders

§ 6. (1) The authority responsible for issuing the civil aviation authority shall have, for each civilian airport, an aerodrome in accordance with the requirements of aviation safety and aerodrome operations, taking into account the requirements of the Terrain condition within a radius of no more than 8 km in order to determine the aerodrome reference point. The Austro Control GmbH shall be consulted prior to the release of this date.

(2) For the management of the search and rescue operations within the aerodrome rescue area, a reliable and technically qualified person as the head of operations as well as a corresponding number of deputites shall be provided by the civil airfield holder. order. These persons must be provided by the civil aircraft holder and/or the representatives of which have been shown to be aware of and sufficiently familiar with the particular requirements of the airfield operation. In the case of airfields, these persons must also be familiar with the rescue and fire extinguishers prescribed in accordance with § 7 (1), as well as the other means of assistance. The Head of Operations or A substitute must be available at any time during the operating period of the civil airport.

(3) In the event of a flight emergency, the civil aircraft holders shall be obliged to carry out search and/or rescue operations quickly and effectively in the event of a flight emergency within the flight area rescue area or an emergency case. In the event of a disaster, the implementation of the rescue measures is up to the arrival of the emergency measures in accordance with the respective national provisions on civil protection and/or civil protection. authorities and bodies responsible for disaster relief, first of all in the case of the civil airfield holder. The implementation of the rescue operations is then carried out according to the respective national provisions on civil protection and/or civil protection. authorities and bodies responsible for disaster relief, with the head of operations (para. 2) is to be taken from these in relation to the specific situation in the field of flight.

Provision and use of equipment and tools by the civil aircraft holder

§ 7. (1) Civil aerodrome holders shall be obliged to provide appropriate rescue and fire extinguishers, as well as other means (such as medical equipment, stretcher, blankets and appropriate means of news), during the period of operation at the airfields, in each case. to the extent necessary and, if necessary, to use them.

(2) Holes of airports are also required to set up an airport fire brigade and a first aid station. These must have suitably trained personnel and equipment, particularly suitable fire-extinguisher and rescue vehicles.

(3) Airports keepers shall draw up a documented representation of the structure and the sound management, including the protection of the fire in the form of a fire-fighting operation, in respect of the airport fire brigade, and shall each be presented on the last Stand to hold. In this fire service manual, the organisational structure, procedures and resources are to be defined for the implementation of the tasks of the airport fire brigade and the responsibilities and competences. In particular, it shall contain:

1.		the relevant provisions of Anhange 14,
2.		procedures to ensure that the reaction time of three minutes (recommended two minutes), as required in Annex 14, can be met,
3.		the name of the fire brigade commander, his deputies and the other members,
4.		a training and training programme (in accordance with the relevant provisions of Anhange 14);
5.		the current state of the training of the individual members,
6.		information on the particular airport category, in accordance with the relevant provisions of Annex 14, and the vehicles, extinguishers and extinguishing resources available in accordance with those requirements; and
7.		a list of all fire-fighting vehicles and other equipment.

(4) The list referred to in paragraph 3 (6) shall be submitted for approval to the authority responsible for issuing the civil aviation authority. The authorisation shall be granted if the requirements of the attachment are met. The approval is to be revoked if the requirements are no longer met.

(5) With regard to the first aid station in agreement with the medical director, keepers of airports have to draw up a documented presentation of the structure and leave organisation in the form of an operating manual and in each case at the last stage of the project , In this Operations Manual, the organizational structure, procedures and resources are to be defined for the implementation of the tasks of the First Aid Station and the responsibilities and competencies. In particular, it shall contain:

1.		the name of the medical director of the first-aid station and of any substitutes and other staff,
2.		a training and training programme, as well as the current status of staff training;
3.		a list of the aids referred to in paragraph 1 and the equipment of the respective first aid station and the rescue vehicles; and
4.		Regulations concerning the readiness of the medical director to call and, if he is not permanently present during the working hours, his deputy during the working hours.

(6) The authority responsible for issuing the civil aviation authority may require civil aircraft holders to take appropriate additional measures, if necessary in order to ensure the safety of aviation.

Emergency arms lists of civil aircraft holders

§ 8. (1) holders of civil aircraft of Austrian nationality shall have a list of the emergency equipment on board their aircraft. In this register, it should also be noted at which point of the aircraft, where appropriate, an emergency transmitter is installed.

(2) If there is a civil aircraft in flight distress, the owner of the Austro Control GmbH shall immediately announce it at the request of this directory.

Search and rescue center reporting plan

§ 9. (1) Austro Control GmbH has to ensure rapid and effective assistance in the event of flight emergencies, in cooperation with the security authorities, the Federal Army, according to the national provisions on civil protection and/or civil protection, respectively. To draw up a reporting plan to assist the authorities responsible for disaster relief and the aid and rescue organisations that are eligible for the implementation of search and rescue operations.

(2) In any case, the notification plan shall contain:

1.		the address, the telephone and fax numbers, the e-mail addresses, the addresses of the fixed flight telephone network (AFTN) and the radio frequency of the search and rescue centre,
2.		the address, telephone and fax numbers, where appropriate the e-mail addresses, the AFTN and any radio frequencies of the services, persons and rescue and rescue organisations involved in the implementation of search and rescue operations in , and in accordance with the national provisions on civil protection and/or civil protection, the authorities responsible for disaster relief,
3.		the telephone and fax numbers, possibly the e-mail addresses, the AFTN and the radio frequencies of the neighbouring foreign search and rescue centres, and
4.		corresponding maps of the Federal Republic of Germany, in which the civilian airfields, the controlled airspace, the airspace restriction areas and the exception areas are marked.

(3) The changes to the information provided in section 2 (2) (1) to (3) of the reporting plan shall be notified immediately to the Austro Control GmbH and the entities involved in the search and rescue service (§ 5).

Deployment plans of the civil aerodrome holders

§ 10. (1) In order to ensure a rapid and effective use during the operating times of the civilian airfield in the event of flight emergencies within the aerodrome rescue area as well as emergencies, deployment plans shall be drawn up by the civil aircraft holders.

(2) The operational plans have to be included:

1.		the warning signs (for example sirens, bell signs or fireworks) provided for the triggering of rescue and fire extinguishing measures;
2.		the name of the civil aircraft holder, the director of operations and, where appropriate, the medical director and their substitutes;
3.		the telephone number of the persons referred to in Z 2;
4.		the telephone and fax numbers as well as addresses of the nearest police station, which is based on the national provisions on civil protection and/or civil protection. the authorities responsible for disaster relief, the nearest fire service and rescue centres, hospitals and doctors established;
5.		the address, the telephone and fax numbers, the e-mail addresses, the addresses of the fixed flight telephone network (AFTN) and the radio frequency of the search and rescue centre;
6.		the delimitation of the tasks of the participants under the operational plan;
7.		in so far as it appears necessary to take account of the operating range of the civil airfield and the local circumstances, a map of the aerodrome in plan square (scale 1: 25 000 or 1: 50 000), in which the map must be particularly marked by existing water collection points and all access routes and natural land surveys;
8.		Number, type and extent and extent of the entries in accordance with § 11.

(3) The civil aircraft holder shall submit the operational plan of the authority responsible for issuing the civil airfield authorization for approval. This authorisation shall be granted if, on the basis of the operational plan, a rapid and effective operation appears to be ensured on the basis of the operating scope of the civil airfield in question and the local conditions. Prior to the approval of the deployment plan, Austro Control GmbH, the local security authorities, the local government and the State Disaster Service are to be heard. The authorisation shall be conditional, limited or subject to conditions, in so far as it is necessary in view of the safety of the aviation sector. The authorisation shall be revoked if any of the conditions for approval have not or no longer exist or have been infringed. Amendments to the deployment plan shall be submitted for approval only if this affects the operation of the operation.

(4) The deployment plan shall always be kept at the last stand of the civil aircraft holder and shall be placed at a generally accessible, conspicuing site at the civilian airfield. The approved deployment plan and any changes to the deployment plan are the Austro Control GmbH as well as all the areas eligible for the implementation of search and rescue operations in the aerodrome rescue area and the respective posts in accordance with the respective requirements. state-of-the-art provisions on civil protection or to the competent authorities responsible for disaster relief, and to comply with them without delay. Amendments to the deployment plan which are not subject to authorisation shall also be notified without delay to the authority responsible for issuing the Civil Aviation Authority by the civil aircraft holder.

Subtleties

§ 11. (1) All bodies which, in accordance with the provisions of this Regulation, have a search and/or rescue and/or rescue or rescue service, respectively To perform a notary service or (§ 5), in order to ensure a rapid and effective use, the necessary entries must be carried out in the interest of an effective search and rescue service. At least every two years, civil aircraft owners shall carry out a full-year single-entry and partial single-entry blocs in the period between two comprehensive single-use blocs, with a period of three months following the entry into force of a single-year subversion. the competent authority responsible for issuing the civil aviation authority and the Austro Control GmbH shall submit a written report thereon.

(2) The relevant provisions of attachment 14 shall apply to the implementation of the revenue from airports within the airport's airfield rescue area.

(3) Has been an emergency since the last comprehensive single-entry bout. have entered a flight emergency within the area rescue area, which has required comprehensive search and rescue measures, the time limit may be extended in accordance with paragraph 1 for the implementation of the next comprehensive one-stop flight from the civil airfield holder shall be extended for two years, provided that, on the basis of the search and rescue operations carried out, appropriate knowledge could be obtained for the purpose of a single-use exercise. The Civil Aircraft Holder shall notify the authority responsible for issuing the Civil Aviation Authority and Austro Control GmbH of the reasons for the extension of the time limit.

Alarm service and alert

§ 12. (1) In order to inform the air traffic services of the fact that an aircraft is in flight distress, they have to alert the search and rescue centre of Austro Control GmbH to the alert levels referred to in § 14.

(2) If an aircraft is caught in flight emergency or a flight emergency is to be expected within an aerodrome rescue area, the authorities referred to in paragraph 1 shall immediately, during the operating period of the airfield, immediately have the head of operations of the aircraft. and then the search and rescue centre of the Austro Control GmbH.

Without prejudice to the obligations referred to in paragraphs 1 and 2, the bodies referred to in paragraph 1 shall, with the assistance of all the means at their disposal, have to attempt to connect and maintain contact with the aircraft in need of flight.

Contents of the alarm message

§ 13. The alarm message (§ 12) shall contain as follows:

1.		the designation of the alert level (§ 14),
2.		the alarming point,
3.		the nature of the flight emergency,
4.		the manufacturer ' s name and characteristics of the aircraft in flight and other essential information from the current flight plan (such as, in particular, the number of persons on board, the time for which the board of the aircraft is to be used for operation) sufficient),
5.		when, where and, where applicable, the radio frequency at which the last message from the aircraft has arrived,
6.		the last location report of the aircraft,
7.		the colour and the special characteristics of the aircraft,
8.		what measures have already been taken by the notifying body,
9.		Any other information and information essential for search and rescue operations (such as dangerous goods on board and the like).

Alarm levels

§ 14. (1) The alert level 1 (uncertainties level) shall be given if there are doubts about the safety of an aircraft and its occupants, in particular if:

1.		there is no message on an aircraft 30 minutes after a due message or 30 minutes after the first unsuccessful attempt to resume the radio link, or
2.		an aircraft has not arrived within 30 minutes of the estimated total time of arrival indicated in a flight plan.

(2) The alert level 2 (readiness level) shall be given where there is concern about the safety of an aircraft and its occupants, in particular where:

1.		Investigations carried out by the air navigation service providers in respect of an aircraft overdue in accordance with paragraph 1 have been carried out without success, or
2.		an aircraft upon receipt or Transmission or confirmation of the landing release five minutes after the expected landing time has not landed and no radio link could be established any more, or
3.		is aware that the operational safety of an aircraft in the flight is impaired, but that an emergency landing is not likely.

(3) Alert level 3 (emergency level) shall be given if there is broad certainty that an aircraft and its occupants are at risk of serious and imminent threat and immediate assistance is needed, in particular where:

1.		In-depth investigations carried out by the air navigation service providers over an aircraft overdue in accordance with paragraph 1 or 2 have been carried out without success, or
2.		is to be assumed that the stock of an aircraft is used up or is not sufficient to bring it to safety; or
3.		is aware that the operational safety of an aircraft in flight is affected in such a way that an emergency landing is probable, or
4.		is known or is safe to assume that an aircraft is in the process of carrying out an emergency landing, or has already carried out an emergency landing.

Flight emergency reports

§ 15. (1) Responsible pilots, civil aircraft owners, civil aircraft owners, the air traffic control centres and the public safety service bodies shall be obliged to immediately inform the search and rescue centre of Austro Control GmbH (by telephone, by telefax, by fax, by radio or in any other technically possible way) to report all perceptions which entitle the person to accept that an aircraft is in flight distress.

(2) Flight emergency reports shall contain in particular:

1.		the keyword "flying not",
2.		the information as to when and where the aircraft in flight was sighted or the information as to when and where it was at the time when the last message from it arrived,
3.		the designation of the type of flight emergency and
4.		Other important circumstances which may facilitate the collection of the aircraft (for example, information on the manufacturer's name and the registration number of the aircraft, the flight direction and the flight altitude).

(3) If the pilot in charge of an aircraft takes up an emergency signal, a search and rescue signal or an emergency notification of another aircraft, he shall confirm the receipt, if necessary the location of this aircraft , and shall immediately inform Austro Control GmbH, by way of the relevant air traffic service authority, of this, unless it has also received the confirmation of the reception by an air traffic service provider.

Preparation of search and rescue measures

§ 16. (1) If search and rescue operations are required outside of an airfield rescue area or outside the operating time of a civilian airfield, the search and rescue centre of Austro Control GmbH

1.		to obtain all relevant information relating to the aircraft in question, in particular the manufacturer's name, occupants and aerodrome, provided that such information is not apparent from the notifications (§ § 13 and 15),
2.		to determine the flight path of the aircraft in flight; and
3.		to separate the search area.

(2) Furthermore, the search and rescue centre of Austro Control GmbH

1.		if alert level 1 (uncertainties level) is given, to connect and maintain contact with air traffic services and other relevant bodies in order to ensure a rapid evaluation of the incoming notifications;
2.		if alert level 2 (readiness level) is given, to notify the authorities concerned for any search and rescue operation (§ 5);
3.		if alert level 3 (emergency level) is given, to inform immediately the authorities concerned for the search and rescue operation (§ 5) and to arrange for the implementation of the necessary measures. The last sentence of Section 3 (1) remains unaffected.

Understandings

§ 17. (1) The search and rescue centre of the Austro Control GmbH shall, if the alert level 3 (emergency level) is given, without delay without prejudice to the obligation pursuant to section 16 (2) Z 3 immediately

1.		the holder and, if appropriate, the commercial operator of the civil aircraft in flight and, in the case of foreign aircraft, the competent authority of the register State;
2.		the neighbouring foreign search and rescue centres, if appropriate, as well as
3.		The Federal accident investigation body, in the light of the facts of the case and of all the circumstances which would otherwise be appropriate for a possible accident investigation,
to be notified of the flight emergency.

(2) In addition, the Austro Control GmbH has the Federal Ministry for National Defence and in the case of flight emergency cases of foreign national aircraft in the event of flight emergencies of Austrian military aircraft (Art. 3 lit. b AIZ) to inform the Federal Ministries of the Interior, for national defence and for foreign affairs.

Use of search and rescue aircraft

§ 18. To the extent that search and rescue measures for a civil aircraft in flight are possible on the air path, and as a result, the search and rescue center of the Austro Control GmbH has been provided with a particularly rapid and useful assistance. , without further delay, to use or to arrange for the use of search aircraft and the authorities responsible for the implementation of rescue operations and/or the possibility of using the search function Rescue aircraft shall be informed. Used search aircraft have a ready-to-use device for electronic search for emergency transmitters on board, if this is necessary for the search operation.

Use of search and rescue teams

§ 19. The search and rescue center of the Austro Control GmbH has the use of search teams for the detection of civilian aircraft in flight and rescue teams to rescue the survivors and rescue of mail and cargo. if this is necessary, in particular if assistance is not possible on the air route (for example, because of bad weather). In this case, the search area is to be defined as precisely as possible The last sentence of Section 3 (1) remains unaffected.

Reports on the course of search and rescue operations

§ 20. (1) The search and rescue centre of Austro Control GmbH as well as search and rescue operations in aerodrome rescue areas have all the authorities involved in search and rescue operations, and the operational managers shall have the status of the search and rescue operations in question. Notify rescue measures by telephone, by telefax, by telefax, by radio or in any other technical manner.

(2) The search and rescue centre of Austro Control GmbH and the operations managers shall communicate all the positions involved in the search and rescue service and requested assistance if their assistance is no longer required.

Ensuring evidence

§ 21. (1) Austro Control GmbH, the operations managers and the employed search and rescue teams have to take care that no changes are made which could complicate the investigations provided for by law. Apart from the rescue work, changes may only be made at the accident site where this is necessary for safety reasons.

(2) Other changes may only be made if the authorities responsible for the statutory investigations have declared them admissible (release of the break).

Search and rescue signals

§ 22. (1) When a radio link is not possible, optical signs shall be used for the communication between aircraft occupants and persons on the ground in the event of a flight emergency, in accordance with the keys provided for in the Annex to this Regulation.

(2) Pilots who have recognized and understood a sign on the ground have to confirm this by means of signals as defined in point 3 of the Annex to this Regulation.

(3) The provisions of paragraphs 1 and 2 shall not exclude any other means of understanding which may be used for understanding.

III. Section

Closure and transitional provisions

Cost

§ 23. Whether and to what extent compensation for the costs of search and rescue operations is to be carried out in accordance with the provisions of the social security and civil law.

Transitional provisions

§ 24. (1) On the date of entry into force of this Regulation, existing cases in accordance with the Civil Aviation Search and Rescue Ordinance 1999 (ZSRV 1999), BGBl. 376, shall be deemed to have been adopted on the basis of this Regulation.

(2) The holders of airports shall draw up the operating manuals in accordance with Section 7 (3) and (5) until 31 March 2008 and apply for the authorisation required in accordance with Section 7 (4). These operating manuals and the authorisation granted in accordance with § 7 (4) replace the approvals granted in respect of the airport fire brigade and the medical authority in accordance with the ZSRV 1999.

(3) The civil aircraft owners shall adapt the operational plans to the requirements in accordance with § 10 para. 2 until at the latest 31 March 2008.

In-and out-of-power

§ 25. (1) This Regulation shall enter into force on 1 December 2007.

(2) With the entry into force of this Regulation, the Civil Aviation Search and Rescue Service Ordinance 1999 (ZSRV 1999), BGBl. II No 376, with the exception of section 27 (2), repeal.

Faymann