Rs 748.941 Ordinance Of The Detec On November 24, 1994, On Special Categories (Oacs) Aircraft

Original Language Title: RS 748.941 Ordonnance du DETEC du 24 novembre 1994 sur les aéronefs de catégories spéciales (OACS)

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748.941 order of the DETEC on aircraft of special categories (OACS) of November 24, 1994 (State July 15, 2015) the federal Department of the environment, transport, energy and communications (DETEC), view the art. 57, al. 1 and 2, of the Act of 21 December 1948 on aviation (LA), see art. 2, art. 3, 21, 24, al. 1, and 125, al. 2, the order of 14 November 1973 on aviation, in running the version of the implementing Regulation (EU) No. 923/2012 that binds Switzerland under point 5 of the annex to the agreement of 21 June 1999 between the Swiss Confederation and the Community European on air transport, stop: Section 1 scope of application art. 1. this order applies to gliders slope without an engine or electric, to the kites to ascending parachutes, captive balloons, parachutes and to aircraft without occupants.

New content according to chapter I of O of the DETEC on June 24, 2015, in force since July 15. 2015 (2015 2193 RO).

Section 2 provisions art. 2 register number and airworthy aircraft referred to in art. 1 are not registered in the register number.
The airworthiness of the aircraft is not being reviewed.
No noise certificate is established.

Art. 3 place of departure and landing with the exception of slope electric gliders, there is no obligation to use an airfield for departures and landings of aircraft referred to in art. 1 are reserved in all cases the rights of individuals who have rights on land to defend against attacks on their possession and claim compensation for the damage.

New content according to chapter I of O of the DETEC on June 24, 2015, in force since July 15. 2015 (2015 2193 RO).

Art. 4 public demonstrations of aircraft no approval from the federal Office of civil aviation (FOCA) is required for public expressions of aviation which only of aircraft referred to in art. 1 participate.

New term according to section I of the O of the DETEC on October 16. 2009, in force since Dec. 1. 2009 (2009 5399 RO).

Art. 5 commercial flights no authorization from OFAC is required for commercial flights using aircraft referred to in art. 1 art. 5aRenvoi to the rules will be the provisions of the schedule to the regulations (EU) n 923 2012 referenced in this order are referred to by the abbreviation 'Will be' followed by a digit.

Introduced by the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).
WILL = Standardised European Rules of the Air (standard European air rules) Section 3 slope gliders art. 6definition means slope gliders: a. all flying machines that lend themselves to the departure on the run, including the delta wings and paragliders, to the extent where, immediately after the start, they are used to perform flights of slope or gliding flights; b. the delta wings and electric-powered paragliders that lend themselves to the departure on the run or who are equipped with landing gear insofar as, after the departure and a row in this phase of flight, they can be used to perform flights of slope or gliding flights.

New content according to chapter I of O of the DETEC on June 24, 2015, in force since July 15. 2015 (2015 2193 RO).

Art. 7 minimum age, license and reviews the minimum age is 15 years for education and sixteen flights to get an official license.
Only a Swiss official license holders can perform slope glider flights. Licensed foreign recognized as equivalent in accordance with para. 7 just for occasional flights.
Instruction flights can be made only under the direct supervision of a person holding an official license of instructor.
Only holders of a Swiss special official license can drive slope gliders during flights with passenger. Licensed foreign recognized as equivalent in accordance with para. 7 just to perform non-commercial flights.
At any slope glider flight, the owner must have his license.
Recognized by the FOCA experts make in accordance with the instructions approved by the latter, the exams to acquire the license.
OFAC designates a body to recognize the equivalence of foreign licenses. This body recognizes the foreign licenses based on the directives of the Foca.

New content according to chapter I of the O of the DETEC on May 1, 2001, in force since June 1, 2001 (RO 2001 1392).
New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 313 RO).
New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 313 RO).
New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 313 RO).

Art. 8 rules of traffic and operating departures and landings are prohibited on public roads and on the ski slopes.
Rallies in open air, buildings, public roads, the slopes, the facilities of public transport, including railways, cable cars and ski lifts, as well as electric or other lines cables are flown or bypassed at a sufficient distance.
Flights beyond national and customs borders are allowed provided that no cargo is carried; the documents required for crossing the border must be carried on board. The law abroad is reserved.
Federal legislation on IWT and the corresponding cantonal law are reserved in case of use of slope gliders on public waters.
The OFAC approval is required for towing gliders slope using winches, vehicles or boats to a height of more than 150 m above the ground.
For the rest, the provisions relating to the gliders which appear in Regulation (EU) No. 923/2012 and the order of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft are applicable, except with regard to the regulations on the minimum heights of flight.

RS 748.121.11 new content according to the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Art. 9 the use of slope glider flight restrictions is prohibited: a. at a distance of less than 5 km from the slopes of a civilian airfield for aircraft; b. during hours of military flights, at a distance of less 5 km of tracks from a military airfield for aircraft; c. to a distance of less 2.5 km of an airfield for helicopters.

The head of the airfield or air traffic control body may authorize exceptions to these restrictions.

Art. 10 liability insurance in order to ensure the claims of third parties on the ground, the operator must conclude a liability to a sum of one million francs at least.
If the operator is domiciled abroad, he simply, for flights in Switzerland, to be covered by liability entered into abroad in its name, provided that the coverage is equivalent to that amount and that the insurance also covers the claims of third parties in Switzerland.
The user of a slope glider must have the certificate of liability insurance.

Art. Special 10aDispositions for slope electric gliders slope electric gliders must meet the requirements of airworthiness of March 17, 2005 set by the German aviation authority for ultralight aircraft led by shift of the center of gravity at take-off run and ultralight ultralight type pendulum (Luftfahrtbundesamt, LBA: Lufttuchtigkeitsanforderungen as schwerkraftgesteuerte der Bauart Fussstart-UL und Trike ultralight) or an earlier version of these requirements in effect at the time of the the type certification.
They are allowed to land and take off on fields of aviation.
Take-off and landing require authorisation from the head of the airfield.

Introduced by chapter I of the O of the DETEC on June 24, 2015, in force since 15 July. 2015 (2015 2193 RO).
This text can be accessed from the German aviation authority at the address www.lba.de > Service A - Z > law und Verordnungen > Nachrichten fur Luftfahrer und Luftfahrthandbuch Section 4 kites, ascending parachutes and tethered balloons art. 11 authorization and insurance liability the use of kites ascending parachutes and tethered balloons requires the permission of the Foca. This specifies the conditions of admission and use in each case.
In order to guarantee the claims of third parties on the ground, the operator shall conclude a liability to a sum of one million francs at least.

Introduced by the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Art. air 11aregles the following air rules apply to kites, parachutes tossed and tethered balloons, except in what concerns the requirements on the minimum heights of flight:

a. first the rules contained in the regulations (EU) n 923 2012; b. supplementary rules contained in this order.

Introduced by the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Section 5 Parachutes art. 12regles air the rules SERA.3101, 3115, 3125, 3145, 3201 and 3205 are applicable to the parachute jumps.

New content according to the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Art. 12aObligation to apply the jumps in parachute above or close to airports and in airspace classes C and D require a permit.
The authorization is issued by the competent body of the air traffic control or, if it fails, by the head of the airfield.

Introduced by the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Art. 12bPlace of landing during jumping parachute outside aerodromes the landing place must be examined before the jump. It must be free from obstacles depending on the type of used parachute and be marked with a clearly visible cross. The wind on the ground must be indicated by a windsock or by other means.
Before marking a place of landing, to seek the consent of the landowner.
It is forbidden to land on the highway. The landings in areas with a high density of settlements or on public waters are allowed only with the agreement of the relevant police bodies.

Introduced by the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Art. 12cSurveillance jumps jumps must take place under the direct supervision of a responsible leader.
They cannot begin until an observer on the ground confirmed by radio or by means of signals that no aircraft is in the air space used.

Introduced by the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Art. 13 liability insurance in order to ensure the claims of third parties on the ground, the operator must conclude a liability to a sum of 1 million francs at least.
The amount of liability for the aircraft also covers the claims of third parties adversely affected on the ground during an emergency parachute jump.
During each jump, the parachutist must have the certificate of liability insurance.

Section 6 aircraft without occupants, with a weight superior to 30 kg art. 14 categories using aircraft without occupants, including kites, ascending parachutes, balloons-captives, free balloons and the model aircraft with a weight superior to 30 kg, requires the permission of the Foca. This specifies the conditions of admission and use in each case.
In order to guarantee the claims of third parties on the ground, the operator shall conclude a liability to a sum of one million francs at least.

Art. air 14aregles the following air rules apply to aircraft without occupants of a weight greater than 30 kg, except with regard to the regulations on the minimum heights of flight: a. first place the rules contained in the implementing Regulation (EU) No. 923/2012; b. supplementary rules contained in this order.

Rules of the air following apply to model aircraft: a. the rules contained in the regulations (EU) n 923 2012 except rules SERA.3101, 3115, 3120 and 3145; b. supplementary rules contained in this order.

Introduced by the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Section 7 aircraft without occupants, with a weight up to 30 kg art. air 14bregles the following air rules apply to aircraft without occupants of a weight not exceeding 30 kg, except with regard to the regulations on the minimum heights of flight: a. first place the rules contained in the regulations (EU) n 923 2012; b. supplementary rules contained in this order.

Rules of the air following apply to model aircraft: a. the rules contained in the regulations (EU) n 923 2012 except rules SERA.3101, 3115, 3120 and 3145; b. supplementary rules contained in this order.

Introduced by the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).

Art. 15 restrictions on kites, parachutes tossed and tethered balloons it is forbidden to raise kites, ascensional parachute and captive balloons: a. at a height of more than 60 m above ground; (b) at a distance of less than 3 km from the tracks of a civilian or military airfield.

Art. 16 restrictions applicable to free balloons it is forbidden to raise free balloons: a. if their payload is greater than 2 kg or more than 30 m capacity; (b) at a distance of less than 5 km from the slopes of a civil aerodrome or military, if their capacity is more than 1 m.

Art. 17Restrictions, applicable to model aircraft who uses a model reduced aircraft with a weight up to 30 kg must be constantly direct eye contact with it.
It is forbidden to use a model aircraft with a weight between 0.5 and 30 kg: a. at a distance of less than 5 km from a civilian or military airfield runways; b. control zones (CTR), if they exceed a height of 150 m above ground; c. within 100 m of gatherings of people outdoors other than public demonstrations of aviation referred to in art. 4. new content according to chapter I of O of the DETEC of 16 October. 2009, in force since Dec. 1. 2009 (2009 5399 RO).
Introduced by chapter I of the O of the DETEC on June 30, 2014, in effect since August 1, 2014 (RO 2014 2315).

Art. 18Exceptions to restrictions exceptions may be permitted to the following restrictions: a. restrictions according to the art. 15, let. b, 16, let. b, and 17, al. 2: the air traffic control body or the head of aerodrome; b. restrictions according to the art. 15, let. a, 16, let. a, and 17, al. 1 and 2, let. c: by OFAC.

Such exceptions may be authorized only if they are not endangering other airspace users or the third parties on the ground.
Authorisation may be subject to conditions.

New content according to chapter I of O of the DETEC of 16 October. 2009, in force since Dec. 1. 2009 (2009 5399 RO).
New content according to chapter I of O of the DETEC on June 30, 2014, in effect since August 1, 2014 (RO 2014 2315).

Art. 19 requirements cantonal to reduce noise as well as the danger that people and property are exposed to the ground, the cantons may enact requirements for aircraft without occupants of a weight up to 30 kg (art. 51, al. 3, LA).

Art. 20 liability insurance in order to ensure the claims of third parties on the ground, the operator must conclude a liability to a sum of 1 million francs at least.
Liability coverage is not required for: a. the kites and the ascensional parachute, whose weight is less than 1 kg and less than 60 m lifting height (b) captive balloons whose payload is less than 0,5 kg, capacity less than 30 m and less than 60 m ascent height; c. free including the payload balloons is lower than 0.5 kg and less than 30 m capacity; d. the scale models of aircraft including the weight is lower than 0.5 kg.

When using, be held to bring the certificate of liability insurance.

Section 7aDisposition criminal art. 20 to anyone who breaks one of the obligations provided for in art. 10 is punished according to art. 91, al. 1, let. i, the.

Section 8 provisions final art. 21 repeal of the law in force are repealed: a. the order of 14 March 1988 on the slope gliders and some other aircraft; (b) the order of 14 March 1988 on the restrictions for some devices ruffles and projectiles.

[RO 1988 549]
[RO 1988 554, 1992-548 c II 2.]

Art. 22 amendment of the law in force.

Mod. can be found at the RO 1994 3076.

Art. 23 transitional provision the liability coverage must meet the requirements of art. 11, al. 2, and 20, al. 1, no later than six months from the entry into force of this order.

Art. 24 entry into force this order comes into force January 1, 1995.

RO 1994 3076 new content according to chapter I of O of the DETEC of 16 October. 2009, in force since Dec. 1. 2009 (2009 5399 RO).
New name according to ACF on Dec. 19. 1997 (unpublished) SR 748.0 RS 748.01

R ex. (EU) No. 923/2012 the Commission on Sept. 26. 2012 the common air, rules of the operational provisions in air navigation procedures and services and changing the R of ex (EU) n 2011-1035, as well as the R (EC) n 1265/2007, (EC) 1794/2006, (EC) n n 730/2006, (EC) n 1033/2006 and (EU) n 255/2010 RS 0.748.127.192.68 new content according to the app. 2 o of the DETEC on 20 may 2015 concerning the rules of the air applicable to aircraft, in effect since June 15, 2015 (RO 2015 1643).
Introduced by section I 8 of the March 4, 2011 DETEC O, in force since April 1. 2011 (2011 1155 RO).

State July 15, 2015

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