Rs 748.225.1 Order Of January 22, 1960, On The Rights And Duties Of The Aircraft Commander

Original Language Title: RS 748.225.1 Ordonnance du 22 janvier 1960 sur les droits et devoirs du commandant d’aéronef

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748.225.1 order on the rights and duties of the aircraft commander of January 22, 1960 (status April 1, 2011) the Swiss federal Council, view the art. 63 of the Federal law of December 21, 1948 on aviation (LA), see art. 48, al. 2, of the civil code, stop: art. 1 I. scope / 1. Swiss aircraft I. scope of application 1. Swiss aircraft this order is applicable: a. in Switzerland Swiss aircraft; b. Swiss aircraft abroad, subject to the provisions of imperative law of foreign law.

Art. 2 I. scope / 2. Foreign aircraft 2. Foreign aircraft this order applies by analogy to foreign aircraft for all events that occur on the territory of Switzerland or above.
For foreign aircraft that do not land in Switzerland, the prescriptions of imperative law of the State of registration are reserved and shall not apply the provisions of the Ordinance regarding the obligations of civil status of the Commander.

Art. 3 II. Designation of the Commander II. Designation of the Commander if there is only a pilot on board an aircraft, it is considered as Commander.
If there is more than one driver on board, the aircraft operator is required to designate before departure the crew member who is the Commander and who is his Deputy. This designation can result from a service regulation.
If a commanding officer has been designated, or if the Commander and his Deputy are prevented to perform their duties, the rights and duties of the Commander through to the oldest crew member the highest rank.
Anyone who exercises actually command the aircraft has the same duties and responsibilities as the Commander.

Art. 4 III. Rights and duties of the Commander / 1. Preparation and execution of the flight / a. III flight Preparation. Rights and duties of the Commander 1. Preparation and execution of the flight. Flight Preparation the commander must ensure that the flight crew preparation and the support of the aircraft by the crew conform to the regulations in force.

Art. 5 III. Rights and duties of the Commander / 1. Preparation and execution of the flight / ship's papers and logbooks (b) ship's papers and books of edge the commander must ensure that the ship's papers prescribed are on board the aircraft and required log books to be held properly.
The aircraft operator can unload the Commander of these tasks by a service regulation, and give it to other people.

Art. 6 III. Rights and duties of the Commander / 1. Preparation and execution of the flight / c. safety of flight (c) security of the flight commander is required to take, within the limits of the legal requirements, instructions given by the aircraft operator and the recognized rules of air navigation, all measures to safeguard the interests of passengers, crew, right holders to cargo and the aircraft operator.
If necessary, the Commander will conduct all acts immediately essential to the safeguarding of human life, of the aircraft and the cargo.

Art. 7 III. Rights and duties of the Commander / 1. Preparation and execution of the flight / d. conduct of the aircraft d. conduct of the flight commander is responsible for the conduct of the aircraft in accordance with the legal provisions, the requirements contained in the publications of aeronautical information (AIP), the rules recognized the air navigation and instructions of the operator.

Art. 8 III. Rights and duties of the Commander / 2. Command on Board / has. With respect to the crew / aa. In general 2. Command has. With respect to the aa crew. Generally the Commander exercised command on the crew.
If necessary, the Commander may entrust tasks other than those entrusted on them by the operator to the members of the crew also and still delegate some tasks of the Commander. Are reserved the provisions concerning licensing of aviation personnel.
The captain monitors the execution of the tasks assigned by the aircraft operator to the various members of the crew.

Art. 9 III. Rights and duties of the Commander / 2. Command on Board / has. With respect to the crew / bb. Measures in case of infringements bb. Measures in case of offences if a crew member seriously contravene duties, the Commander will warn the operator of the aircraft.
For reasons of order and security, the Commander may provisionally suspend a member of the crew, get him out of the aircraft as soon as possible, or ban him from entering the aircraft.

Art. 10 III. Rights and duties of the Commander / 2. Command on Board / has. With respect to the crew / cc. Beginning and end cc. Start and end the command of the Commander begins at the point where it meets the crew before departure, to prepare for the flight.
It ends with the dismissal of the crew, once completed the work that accompany the end of the flight.

Art. 11 III. Rights and duties of the Commander / 2. Command on board / b. For passengers / aa. Scope b. With respect to the aa passengers. Scope passengers are subject, on board, the authority of the Commander.
They are required to follow the instructions for the safety of the flight and maintaining order and discipline on board.
The Commander has the right to leave the aircraft as soon as possible to a passenger who, although warned, does not observe the instructions received.

Art. 12 III. Rights and duties of the Commander / 2. Command on board / b. For passengers / bb. Beginning and end bb. Start and end the authority of the Commander to the passengers begins at the closing of the doors of the aircraft before the trip.
It ends at the opening of the doors of the aircraft after the trip or the part of the trip and, forced landing or accident, at the time where the concern of passengers going to other officials.

Art. 13 III. Rights and duties of the Commander / 2. Command on board / c. Respect of the aircraft and the cargo c. Respect of the aircraft and the cargo the Commander has, within the limits of its mission, the aircraft and its cargo.
His right of disposal begins when the aircraft is given and ends when he brought the aircraft and the cargo to the bodies designated by the operator and, forced landing or accident, to the moment the aircraft and the cargo pass to other officials.

Art. 14 III. Rights and duties of the Commander / 3. Representation of the operator of the aircraft 3. Representation of the operator of the aircraft commander represents the aircraft operator with respect to third parties, within the limits set by the operator.

Art. 15 III. Rights and duties of the Commander / 4. Official duties / has. In the case of crimes and offences on board / aa. Preservation of evidence 4. Official duties has. In the case of crimes and misdemeanors to edge aa. Preservation of evidence if a crime or an offence is committed on board an aircraft used in commercial traffic, the commanding officer shall take all measures required for the preservation of evidence.
He undertook acts of investigation that do support any delay until the arrival of the competent authority.
He also has the right, while preserving as much as possible private secrets, to search the passengers and the crew, and sequester objects that can be used as evidence.
If there is danger in delay, the Commander has the right to provisionally arrest the suspects.
Apply by analogy the art. Federal 62 to 64, 65, 69 and 74 to 85 of the Federal law of June 15, 1934, on criminal procedure.

[RS 3 295; RO 1971 777 ch. III 4, 1974 1857 annex ch. 2, 1978 688 art. 88 ch. 4, 1979 1170, 1992 288 annex 15 2465 ch annex ch. 2, 1993 1993, 1997 2465 appendix c. 7, 2000 505 c I 3 2719 ch. II 3 2725 ch. II., 2001 118 ch. I 3 3071 ch. II 1 3096 annex ch. 2-3308, 2003 2133 annex c. 9, 2004 1633 ch. I 4, 2005 5685 annex c. 19 2006 1205 sandbottom ch. 10, 2007 6087, 2008 1607 annex c 1 4989. Annex 1 ch 6 5463 annex c. 3, 2009 6605 annex ch. II 3. RO 2010 1881 annex 1 c. I 1]. See now the Swiss criminal procedure code (RS 312.0).

Art. 16 III. Rights and duties of the Commander / 4. Official duties / has. In the case of crimes and offences on board / bb. Obligation to report bb. Obligation to report the Commander will announce immediately to the competent authority of the place of the next landing the crime or offence.
If the crime or offence was committed on a Swiss aircraft used in commercial traffic, the Commander shall: a. where the place of the next landing is situated abroad, to inform without delay the Swiss consul in the borough which is the landing site, which consul will notify the Office of the police of the federal Department of justice and police; ask instructions; b. After the end of the trip, to immediately report in writing to OFAC on crime or the crime and the measures it has taken.

New name according to art. the L 71 from 19 sept. 1978 on the Organization of the administration (RO 1979 114; FF 1975 I 1465).
The name of the administrative unit has been adapted in application of art. 16, al. 3, o Nov. 17. 2004 on official publications (RS 170.512.1).

Art. 17 III. Rights and duties of the Commander / 4. Official duties / b. In the event of a forced landing or accident


(b) in the case of a forced landing or accident if an aircraft lands out of an authorized aerodrome, the commander must request instructions from the authority of competent air police through the local authorities.
...

Repealed by art. let 45. b O on August 20, 1980, concerning investigations into aircraft accidents (RO 1980 1141).

Art. 18 III. Rights and duties of the Commander / 4. Official duties / c. case of civil status / aa. Landings in Switzerland c. case of State civil aa. Landings in Switzerland births on board an aircraft landing in Switzerland will be reported in the Swiss civil status of the borough where the mother has left the aircraft.
Deaths that occurred on board the aircraft to be reported to the Swiss civil status of the borough where the body is removed from the aircraft.
The Commander ensures that the birth or death were reported to the civil State, or he declares them himself.

Art. 19 III. Rights and duties of the Commander / 4. Official duties / c. case of civil status / bb. Landings abroad bb. Landings abroad in the event of a birth or death occurred on a Swiss aircraft landing abroad, the Commander of the aircraft shall draw up a to the next landing abroad; He'll sign, and with him two others with the exercise of civil rights.
For births, this report shall contain: a. day, month, year, hour, minute, in letters, and the location (longitude and latitude) of birth; b. The family name, given names and sex of the child (legitimate or natural, son daughter legitimate or natural); c. The family name (with indication of the name of the mother), first names, nationality (for the Swiss, the place of origin) and the home of the parents, as well as the father's profession; d. In the case of illegitimate birth, in addition, the date of birth and the name of the mother's parents and, if the mother is widowed or divorced, instead of his parentage, his civil status, the name of the former spouse and the date of the dissolution of marriage; e. If the mother gives birth to two or more children, the exact chronological order of birth; f. For foreigners, the nationality and, if possible, the place of origin or attachment. In the case of statelessness, registration will indicate this fact, with mention of the former nationality and place of birth. If the mother has Swiss citizenship, its place of origin; g. The documents which were extracted planned directions under letters c and d; h. The name, given names and the domicile of the persons who attended the birth.

For deaths, this report shall contain: a. day, month, year, hour, minute, in letters, and the location (longitude and latitude) of death; b. The family name, first names, to need common nicknames, profession, domicile, nationality (for the Swiss, the place of origin), as well as the place and date of birth of the deceased; c. The family name (with indication of the name of the mother) and the first names of the parents of the deceased; for people adopted, moreover, the family name, first names, and the place of origin of the adoptive parents; d. The civil status of the deceased (single, married, widowed, divorced) with the surname and given names of the surviving spouse, deceased or divorced, as well as the place of origin Swiss of the wife of a foreigner or a stateless person; e. The likely cause of the deaths; f. For foreigners, the nationality and, if possible, the place of origin or attachment. In the case of statelessness, registration will mention this fact and the former nationality; g. Documents which is drawn the civil State; h. Name, first names, and the home of the people who attended the death, name, given names and address of the doctor called to confirm the death. Established by the death certificate must be attached to the minutes of the Commander.

The minutes shall be without regard to the operations of civil status of foreign authorities, sent by registered letter, immediately after the first landing in Switzerland at the address of the federal Office of civil status, in Bern.

The name of the administrative unit has been adapted in application of art. 16, al. 3, o Nov. 17. 2004 on official publications (RS 170.512.1).

Art. 20 III. Rights and duties of the Commander / 4. Official duties / c. civil case / cc. In the case of missing person cc. In case of disappearance of a person if a person disappears from an aircraft in flight, the captain will hear, after the next landing, all persons on board and able to provide information about the circumstances of the disappearance.
The Commander will prepare and sign a record will be recorded where the persons heard testimony and its own findings, as well as all the details that would be given in case of death on the missing person.
The minutes shall be without regard to the operations of civil status of foreign authorities, sent by registered letter, immediately after the first landing in Switzerland at the address of the federal Office of civil status, in Bern.

Art. 21 IV. Liability IV. Liability the liability of the Commander can be set according to the provisions of the civil law.

Art. 22V. penal provisions V. penal provisions shall be punished in accordance with art. 91, al. 1, let. i, THE anyone who: a. violates any of the obligations provided in the art. 5, al. 1, 6, al. 2, 8, al. 3, 9, al. 1, and 17; b. as aircraft commander, by failing to execute all or part of the tasks during the planning or preparing for the flight, or in the support and preparation of the aircraft, jeopardizes the safety of the flight.

New content according to section I 4 of O on March 4, 2011, in effect since Apr. 1. 2011 (2011 1139 RO).

Art. 23 VI. Implementation VI. Coming into force this order comes into force on March 1, 1960.

RO 1960 81 SR 748.0 RS 210 new content according to section I 4 of O on March 4, 2011, in effect since Apr. 1. 2011 (2011 1139 RO).

Status as of April 1, 2011