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RS 748.215.2 Order of the OFAC of 15 April 1970 on the examination of aircraft

Original Language Title: RS 748.215.2 Ordonnance de l’OFAC du 15 avril 1970 concernant l’examen des aéronefs

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748.215.2

OFAC Order for the Review of Aircraft 1

15 April 1970 (State 1 Er August 2008)

Federal Office of Civil Aviation,

See art. 58, para. 3, of the Federal Aviation Act of 21 December 1948 2 , 3

Stops:

Section 1 4 Scope and applicable law

Art. 1

This order shall apply unless the binding version for Switzerland of one of the following EC Regulations is applicable in accordance with c. 3 of the Annex to the Agreement between the Swiss Confederation and the European Community on Air Transport concluded on 21 June 1999 1 :

A.
Regulation (EC) n O 1592/2002;
B.
Regulation (EC) n O 2042/2003;
C.
Regulation (EC) n O 1702/2003.

1 RS 0.748.127.192.68 The binding version for Switzerland is set out in the Annex to this agreement and can be consulted or obtained from the OFAC. Address: Federal Office of Civil Aviation, 3003 Berne (www.bazl.admin.ch).

Section 2 5 Scope of the examination

Art. 1 A

1 The Federal Office of Civil Aviation (OFAC) checks whether the aircraft complies with the Order of the DETEC of 18 September 1995 on the airworthiness of aircraft 1 And the Order of the DETEC of January 10, 1996, on Aircraft Emissions 2 .

2 Reviews include:

A.
Examination of evidence of airworthiness and related documents;
B.
The examination of the condition of the aircraft on the ground and in flight.

Section 3 Types of examination 6

Art. 2

1 The examinations take place in the form of first reviews or additional examinations:

A.
Initial reviews include:
-
The type examination for the grant of the type certificate,
-
Partial examination of type, after modification of a valid type,
- 1
The serial examination (reproduction examination, partial reproduction examination, examination of entry) for the granting of the airworthiness certificate, the restricted certificate of airworthiness or the flight authorisation;
B.
Additional reviews include:
-
State examinations to monitor the condition of the aircraft at periodic intervals set by the OFAC 2 ,
-
Intermediate examinations for the control of the condition of the aircraft which are ordered by the OFAC between the examinations of the state or during maintenance work intended to repair serious damage or technical defects.
-
Export examinations to control the condition of the aircraft prior to export.

2 In exceptional circumstances, the OFAC may waive or partially waive the additional examinations if it does not question the airworthiness and if the aircraft is maintained by an approved maintenance organisation and continuously monitored by the Office.


1 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).
2 New expression according to c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ). This amendment has been taken into account throughout this text.

Section 4 Review procedure 7

Art. 3 Request

1 Requests for the organization of the first reviews and additional pre-export reviews must be submitted to the OFAC. Other complementary reviews are ordered by the OFAC 1 .

1bis In the case of examinations prior to the issuance of a certificate of airworthiness, a restricted certificate of airworthiness or a flight authorization, the applicant shall indicate the type of operation scheduled for the aircraft 2 .

2 The registered owner and operator may designate a representative for the collaboration under s. 4 to 8.


1 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).
2 Introduced by ch. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).

Art. 4 Venue, date and program of the review

1 The OFAC shall determine the location and the date of the examination, taking into account, if possible, the motivated wishes of the registered owner or operator.

2 OFAC terminates the review program.

3 As a general rule, the examination begins at the earliest two weeks after receipt of the complete application package and after registration of the aircraft in the Swiss aircraft service register. The OFAC may, on written request, provide for derogations from this provision 1 .

4 A review is conducted outside Canada only for special reasons.


1 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).

Art. 5 1 Transfer of examination

1 The OFAC may entrust the reviews to appropriate organizations or may call upon appropriate experts or organizations.

2 It may also entrust the examination of a Swiss aircraft abroad to a foreign authority.


1 New content according to the c. I of the OFAC of 24 Nov 1994, in force since 1 Er Jan 1995 (RO) 1994 3074).

Art. 6 Owner/Operator's Collaboration

1 The registered owner or operator must attend or be represented by the examination of the aircraft.

2 It must take all appropriate measures to facilitate the review.

3 The registered owner or operator is authorized to propose the members responsible for the crew for examination flights. If there is no use of this right or if the proposed crew members are not suitable for the scheduled flights, the OFAC shall determine the composition of the crew. In all cases, the OFAC representative must have free access to the cockpit.

4 During the first flight examinations, no passengers are admitted and, in the case of supplementary examinations, passengers are admitted only with the approval of the OFAC.

Art. 7 Adjournment of examination

The OFAC and the registered owner or operator will proceed on time when, for compelling reasons, the review cannot take place on the scheduled date.

Art. 8 Refusal or suspension of examination

The examination shall be refused or suspended when it cannot take place normally or the necessary documents are missing.

Art. 1 Review Report

1 A review report and examination certificate are prepared at the end of the review.

2 The examination report shall indicate the possible findings and deadlines for carrying out the necessary work. If the examination is to be repeated, it is expressly mentioned in the examination report.

3 The examination report is part of the technical record of the aircraft and is retained by the registered owner or operator.

4 The examination certificate shall be kept on board the aircraft.


1 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).

Art. 10 Taxes and Fees

1 The examinations give rise to the levying of emoluments fixed by the ordinance of 28 September 2007 on the emoluments of the Federal Office for Civil Aviation 1 , 2 .

2 The registered owner or operator shall bear the special costs of the examination, including examination flights and travel allowances for examinations abroad.


1 RS 748.112.11
2 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).

Entry into force

Art. 11

1 This Regulation shall enter into force on 1 Er June 1970.

2 The Regulation of 31 October 1953 on the examination of aircraft 1 Is repealed on the same date.


1 [RO 1953 986]



RO 1970 587


1 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).
2 RS 748.0
3 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).
4 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).
5 Introduced by c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).
6 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).
7 New content according to the c. I of the OFAC O of 21 July 2008, in force since 1 Er August 2008 ( RO 2008 3647 ).


State 1 Er August 2008