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RS 748.215.1 DETEC Order of 18 September 1995 on Airworthiness of Aircraft (ONAE)

Original Language Title: RS 748.215.1 Ordonnance du DETEC du 18 septembre 1995 sur la navigabilité des aéronefs (ONAE)

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748.215.1

DETEC's Order on Airworthiness of Aircraft

(ONAE) 1

18 September 1995 (State on 15 July 2015)

The Federal Department, Environment, Transport, Energy and Communication 2 (DETEC),

Having regard to art. 57, para. 1 and 2, and 58, para. 2, of the Act of 21 December 1948 on Aviation (LA) 3 , given art. 13, 21, and 138 A , para. 1 and 2, of the order of 14 November 1973 on aviation 4 , 5

Stops:

Chapter 1 6 Scope and applicable law

Art. 1

1 This order applies to:

A.
Aircraft that are registered in or intended for use in the Swiss service register;
B.
Aircraft, engines, propellers, aircraft parts and equipment which are designed, produced or modified in Switzerland or by Swiss companies established on the airport of Basel-Mulhouse and for which a type certificate, a certificate of airworthiness, a Certificate of airworthiness for export or other confirmation or official authorization is required or requested;
C.
Engines, propellers, aircraft parts and equipment which must be mounted on a Swiss aircraft or for which a type certificate, a certificate of airworthiness, a certificate of airworthiness for export or other confirmation or Official authorization is required or requested.

2 It applies unless the binding version for Switzerland 1 One of the following regulations shall not be applicable in accordance with c. 3 of the Annex to the Agreement of 21 June 1999 between the Swiss Confederation and the European Community 2 On air transport 3 :

A.
Regulation (EC) n O 2042/2003 4 ;
B.
Regulation (EC) n O 216/2008 5 ;
C.
Regulation (EU) n O 2078/2012 6 . 7

3 It shall apply in particular to aircraft referred to in Annex II to Regulation (EC) No O 216/2008 8 To which the regulations referred to in para. 2 do not apply.

1 The binding version for Switzerland is mentioned in the Annex to this Ac. And can be consulted or obtained from the OFAC. Address: Federal Office of Civil Aviation, 3003 Berne (www.ofac.admin.ch).
2 Today: European Union.
3 RS 0.748.127.192.68
4 R (CE) n O 2042/2003 of the Commission of 20 November 2003 relating to the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and relating to the approval of organisations and personnel involved in these tasks.
5 R (CE) n O 216/2008 of the European Parliament and of the Council of 20 February 2008 concerning common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91 /670/EEC, R (EC) n O 1592/2002 and Directive 2004 /36/EC.
6 R (EU) n O 748/2012 of the Commission of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and associated products, parts and equipment, as well as for the certification of design bodies And production (recast).
7 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
8 New expression according to c. I of the O of the DETEC of 16 Jan. 2013, in effect since 1 Er Feb 2013 ( RO 2013 309 ). This mod has been taken into account. Throughout the text.

Art. 2 International Agreements

International agreements on the certification, design and construction of aircraft, engines, propellers, aircraft parts and equipment are reserved.

Chapter 2 Design and Construction

Art. 3 1 Airworthiness Categories

1 Aircraft are classified in the following airworthiness categories:

A.
In the standard category when they are certified in accordance with the procedure laid down in Art. 9, para. 1 Bis , and satisfy the airworthiness requirements referred to in s. 10, para. 1;
B.
In the special category when they do not meet the requirements of the standard category or do not fully meet them.

2 Any aircraft in the special category shall be placed in a sub-category.

3 The classification criteria in either sub-category, airworthiness requirements, general operating requirements and marking are defined in the Annexes.

4 The following subcategories are defined:

A.
Ecolight (Appendix 1);
B.
Ultra-light (Appendix 2);
C.
History/Historic (Appendix 3);
D.
Amateur (Appendix 4);
E.
Limited/Limited (Schedule 5);
F.
Experimental (Appendix 6);
G.
Restricted/Restricted (Appendix 7).

1 New content according to the c. I of the O du DETEC of June 24, 2015, in force since 15 jul. 2015 ( RO 2015 2181 ).

Art. 4 1 Requirements

1 The OFAC fixed in the following cases:

A.
The requirements for the design of aircraft and their engines, propellers, parts and equipment;
B.
Conditions for the recognition of approvals of design bodies according to Annex I, Part 21, Section A, Subpart J, of the Regulation (EU) n O 2078/2012 2 ; the OFAC enacts in this regard directives in the form of technical communications (art. 50).

2 The construction of aircraft and their engines, propellers, parts and equipment is governed by the Order of the DETEC of February 5, 1988 on Aircraft Construction Companies (CAED) 3 .

1 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
2 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ).
3 RS 748.127.5

Art. 5 1 Derogations

For the design and construction of aircraft, engines, propellers, aircraft parts and equipment certified by a foreign authority, the OFAC may, at the request of the latter, provide for derogations from the rules laid down in Art. 4.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 6 Foreign-based businesses

Design and construction work can be carried out with the agreement of the OFAC 1 , to companies located abroad. The OFAC may attach certain obligations or conditions to its agreement.

1 New expression according to c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ). This mod has been taken into account. Throughout the text.

Chapter 3 Aircraft Certification

Section 1 Principle 7

Art. 7 1

The OFAC establishes on the basis of a formal review:

A.
The type certificate required for a type certification;
B.
The certificate of airworthiness or flight authorization required to admit an aircraft to traffic.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Section 2 Certification of type 8

Art. 8 1

1 Repealed by c. I of the O du DETEC of 14 Jul. 2008, with effect from 1 Er August 2008 ( RO 2008 3629 ).

Art. Certification Procedures

1 The OFAC is in all cases the competent authority for certification. 1

1bis By way of derogation from art. 4, para. 4, of Regulation (EC) No O 216/2008 2 , the procedure for certifying aircraft of the standard category and their engines and propellers shall be governed by the Regulation (EU) n O 2078/2012 3 . 4

2 The OFAC establishes in the present cases the procedure for the certification of aircraft of the special category and of their engines and propellers (technical communications, art. 50).

3 The applicant himself obtains the documents on the airworthiness requirements necessary for the certification procedure.

4 The applicant shall deliver to the OFAC free of charge all the documents and their amendments necessary for the certification. They must be written in English or in an official language.

5 The OFAC may recognize foreign-type certificates issued pursuant to s. 10. 5

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ).
3 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ).
4 Introduced by ch. I of the O du DETEC of 14 Jul. 2008 ( RO 2008 3629 ). New content according to the c. I of the O du DETEC of June 24, 2015, in force since 15 jul. 2015 (RO 2015 2181).
5 New content according to the c. I of the O du DETEC of June 24, 2015, in force since 15 jul. 2015 ( RO 2015 2181 ).

Art. 10 1 Airworthiness Requirements

1 Aircraft of the standard category and their engines and propellers shall in principle meet the applicable airworthiness requirements of the Regulation (EU) n O 2078/2012 2 This includes the airworthiness requirements of the EASA. 3 : CS 4 -22, CS-VLA, CS-VFS, CS-23, CS-25, CS-27, CS-29, CS-TGB, CS-GB, CS-HB, CS-E, CS-P.

2 If an aircraft cannot be certified in accordance with the airworthiness requirements in force in Switzerland, the OFAC can certify it in the present case if an equivalent level of safety is achieved. OFAC refers to this end to the existing foreign airworthiness requirements, in particular to the requirements of the aeronautical authority of the United States of America, such as FAR 5 23, FAR 25, FAR 27, FAR 29 and FAR 31.

3 The person responsible for the application must prove through reports and tests that the airworthiness requirements are met. The OFAC may, in addition, require tests, calculations or tests on the ground and in flight, or, after hearing the person who initiated the application, perform them themselves or have them run by third parties.

1 New content according to the c. I of the O du DETEC of June 24, 2015, in force since 15 jul. 2015 ( RO 2015 2181 ).
2 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ).
3 EASA = European Aviation Safety Agency (www.easa.europa.eu)
4 CS = Certification Specification: AESA airworthiness requirements
5 FAR = Federal Aviation Regulation: FAA requirements ( Federal Aviation Administration , aeronautical authority of the United States of America; www.faa.gov).

Art. 10 A 1 Derogations

The OFAC may derogate from the certification procedures and airworthiness requirements applicable to aircraft in the standard category when a foreign authority requests that the certification of an aircraft under its supervision be submitted to Other procedures or other airworthiness requirements.

1 Introduced by ch. I of the O du DETEC of 14 Jul. 2008 ( RO 2008 3629 ). New content according to the c. I of the O du DETEC of June 24, 2015, in force since 15 jul. 2015 (RO 2015 2181).

Section 3 Admission to traffic 9

Art. 10 B 1 Certificate of Airworthiness and Flight Authorization

1 Aircraft of the standard category shall be admitted to traffic after the issuance of a certificate of airworthiness. Aircraft in the course of certification or derogating from essential airworthiness requirements shall be certified after the issuance of a flight authorization.

2 Special category aircraft shall be admitted to traffic as soon as a flight authorisation is issued.

1 Introduced by ch. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 11 1 Field of use and operating conditions

The OFAC defines:

A.
The scope of use: in an annex to the certificate of airworthiness or the flight authorisation;
B.
Operating conditions in the flight manual, if necessary.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 12 Recognition of foreign airworthiness certificates for export

1 At the time of importation of an aircraft, the OFAC may, until the establishment of a certificate of airworthiness or a Swiss flight authorisation, recognise a certificate of airworthiness for export established by the exporting State or documents Equivalents. The certificate will state any departure from the type of aircraft concerned. 1

2 The duration of validity of a foreign certificate of airworthiness for export is governed by international agreements. In the absence of such agreements, it is set by the OFAC.

3 At the expiration of the period of validity of such a certificate, the OFAC may request the performance of special maintenance work.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 13 1

1 Repealed by c. I of the O du DETEC of 14 Jul. 2008, with effect from 1 Er August 2008 ( RO 2008 3629 ).

Art. 14 Aircraft Minimum Equipment

The OFAC shall fix in the cases of species the minimum equipment of the aircraft for the type of operation provided for, to the extent that it does not show the requirements of airworthiness (technical communications, art. 50).

Chapter 4 Certification of Aircraft Parts and Equipment 10

Art. 15 Certification procedure 1

1 The procedure for the certification of aircraft parts and equipment is, in principle, identical to the aircraft certification procedures (chap. 3, section 2). 2

1bis Aircraft parts and equipment must comply with recognized technical standards in the aviation industry. This includes the DIN, TSO, JTSO, ETSO, MIL Spec, AN, MS and NAS standards. 3

2 Aircraft components that form an integral part of an aircraft are in principle certified with the type of aircraft concerned. If such elements are used for another type of aircraft, they will be subject to a special type examination.

3 The OFAC determines in the circumstances of this case the aircraft elements which must be the subject of a special examination of type.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
3 Introduced by ch. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 16 Airworthiness Requirements

1 Art. 10 and the standards referred to in s. 15, para. 1 Bis , apply by analogy to the airworthiness requirements for aircraft parts and equipment. 1

2 Specific provisions for the approval of radio-transmitting and receiving facilities are reserved.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 17 Certification of type of aircraft or equipment 1

1 The OFAC can confirm in a type certificate and in the airworthiness document that an aircraft or equipment meets the airworthiness requirements. 2

2 Art. 9 and 10 shall apply mutatis mutandis the procedure for the granting or recognition of a type certificate.

3 The elements for which a type certificate has been drawn up must conform to the relevant type documents. Any deviations must be approved by the OFAC.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 18 Use of aircraft and equipment parts 1

1 Aircraft elements which are subject to a type examination according to Art. 15, para. 2 or 3, may be used if they meet the applicable airworthiness requirements and:

A.
If they are new, have been properly stored and maintained to the extent necessary; or
B.
If a service delivery certificate 2 Has been established for them.

2 Other aircraft parts and equipment may be used if they comply with the applicable airworthiness requirements and: 3

A.
If they are new and have been properly stored; or
B.
Whether they were properly maintained and stored.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 New expression according to c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ). This amendment has been taken into account throughout this text.
3 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Chapter 5 Technical and Other Documents

Art. 19 Technical folder

1 The operator or person to whom he has assigned maintenance shall maintain a technical record for each aircraft as well as for the engines and propellers. As a general rule, this file includes the following documents and indications:

A.
The manufacturer's technical documents required by the OFAC;
B.
Indications concerning the assembly and disassembly of engines, propellers, assemblies and equipment;
C.
Particulars of the maintenance work carried out, with a reference to the date of execution and the number of hours of operation and, if necessary, the number of landings or cycles;
D.
Confirmation that the airworthiness directive has been applied (s. 26);
E. 1
Certificates of return to service and related work reports;
F. 2
Controls of aircraft parts and equipment with a limited lifespan;
G. 3
The airworthiness review certificate or examination report.

2 The OFAC may require that a technical file be maintained for other aircraft parts and equipment. 4

3 The entries in the technical file and the notices of repair of technical defects and defects addressed to the OFAC must be complete and in accordance with the facts (Art. 29).

1 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
2 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
3 Introduced by c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
4 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. Road map and similar documents

1 For aeroplanes, helicopters and motoplaners, a road log issued by the OFAC or an equivalent document recognized by the OFAC should be maintained.

2 The crew shall carry out the entries at the latest by the end of the last flight of the day and confirm them by its signature. ... 1

3 For gliders, there is a need for control of flight hours; for free balloons, a logbook should be maintained.

4 All entries must be complete and conform to the facts.

1 Phrase repealed by c. I of the O du DETEC of 14 Jul. 2008, with effect from 1 Er August 2008 ( RO 2008 3629 ).

Art. Additional Guidelines

The OFAC may issue additional directives on the form, maintenance and retention of the technical file, the logbook and the like documents (technical communications, art. 50).

Art. Flight Documents

1 The following logbooks and documents must be located in each aircraft admitted to traffic:

A.
The registration certificate;
B. 1
The certificate of airworthiness or flight authorization with the annex to the flight manual entitled "field of use"; in addition, for tugs, the certificate of fitness for towing;
B Bis . 2
The valid Airworthiness Review Certificate (Airworthiness Review Certificate) or the valid certificate of airworthiness review;
C.
The certificate of noise, if prescribed;
D. 3
The certificate of liability insurance against third parties on the ground and, if prescribed, the certificate of liability insurance against passengers;
E.
The "aircraft station licence" for aircraft equipped with emitters and receivers;
F.
The flight manual;
G. 4
The waybook or equivalent document, including the certificates of release into service;
H. 5
The checklist published by the producer or established by the operator.

2 ... 6

3 In special cases, such as when aircraft are in the process of certification, the OFAC, on a case-by-case basis, prescribes the on-board documentation and documents that must be on board aircraft. 7

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 Introduced by c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
3 New content according to the c. I of the O du DETEC of 8 August 2005, in force since 5 7. 2005 ( RO 2005 4197 ).
4 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
5 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
6 Repealed by c. I of the O du DETEC of 14 Jul. 2008, with effect from 1 Er August 2008 ( RO 2008 3629 ).
7 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Chapter 6 Maintenance of Airworthiness 11

Section 1 Operator's liability

Art. 1

1 The operator of an aircraft responds to the continued airworthiness of the aircraft.

2 He shall ensure that the aircraft is maintained in accordance with the relevant maintenance requirements and is subject to the prescribed periodic airworthiness reviews.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Section 2 Maintenance in general 12

Art. 24 Maintenance and certification of examination required for release 1

1 Subject to Art. 41, an aircraft shall be put into circulation only if:

A.
Maintenance work has been carried out in a regulatory manner;
B.
Maintenance 2 Minimum annual fixed by the OFAC has been carried out;
C.
As a result of technical failures, defects or abnormal solicitations that questioned its airworthiness, a review was carried out by a qualified person and revealed that the airworthiness of the aircraft was not compromised;
D.
The deficiencies identified by the OFAC have been corrected within the time limit;
E.
A certificate of remission in service that is valid and in accordance with s. 37 has been established;
F. 3
A valid certificate of airworthiness testing has been established by the OFAC.

2 If the conditions for release are no longer fulfilled, the operator shall ensure that the crews are informed.

3 An engine, propeller, aircraft room or equipment may be used only if: 4

A.
Maintenance work has been carried out in a regulatory manner;
B. 5
As a result of technical failures, defects or solicitations that questioned its airworthiness, an examination of the engine, propeller, piece of aircraft or equipment was carried out by a qualified person and revealed that the The airworthiness of the aircraft was not compromised;
C.
The deficiencies identified by the OFAC have been corrected within the time limit;
D.
A valid service delivery certificate has been issued to the extent that s. 37 prescribed.

1 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
2 New expression according to c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ). This mod has been taken into account. Throughout the text.
3 Introduced by c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
4 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
5 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 25 Maintenance Principles

1 Aircraft, engines, propellers, aircraft parts and equipment shall be maintained in accordance with updated maintenance data, which are necessary for the maintenance of airworthiness or fitness for use. 1

2 In particular, the following shall be considered as maintenance data necessary for the maintenance of airworthiness or employability: 2

A.
Maintenance plans (Maintenance Review Board Reports/Documents) that form part of the type certificate and have been declared applicable by the OFAC;
B.
The potential set or recommended by the holder of the type certificate; the OFAC may in some cases set exceptions and tolerances deviating from potential (technical communications, art. 50);
C. 3
Maintenance programmes, work and repair instructions and the control sheets issued by the holder of the type certificate; the OFAC may in cases of species set exemptions and tolerances deviating from the programmes Maintenance (technical communications, art. 50);
D.
The seaworthiness directives and other instructions of the OFAC;
E. 4
Maintenance programs approved by the OFAC.

3 If the maintenance data 5 The holder of the type certificate is insufficient, the OFAC may require that they be amended or completed.

4 If no maintenance data are available for repair or other maintenance work, the operator shall require the holder of the type certificate of the supporting documentation. If you can't get them, art. 42 to 47 shall apply mutatis mutandis.

5 The operator shall make available to the service organization or maintenance personnel and, where applicable, the air carrier the maintenance data and the instructions and instructions issued by the OFAC. 6

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
3 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
4 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
5 New expression according to c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ). This mod has been taken into account. Throughout the text.
6 Introduced by ch. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 26 Airworthiness Instructions

1 The OFAC may issue airworthiness directives or declare obligatorily applicable foreign airworthiness directives in order to maintain the airworthiness of certain aircraft or the suitability for use of certain aircraft elements.

2 Any deviation from the airworthiness directive requires the approval of the OFAC.

Art. 27 Nature of Maintenance Work

1 The OFAC shall issue directives (technical communications, art. 50) in order to distinguish between: 1

A. 2
Complex maintenance and non-complex maintenance work;
B.
Maintenance work and preparation work.

2 The OFAC shall fix in the present cases the minimum annual maintenance (Annual Inspection) of aircraft (technical communications, art. 50).

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 28 1 Mounting of engines, propellers, aircraft parts and equipment

1 In maintenance work, only engines, propellers, aircraft parts and equipment that are certified for the type of aircraft in question and suitable for use can be mounted (s. 15 and 18).

2 The change of an engine or propeller shall be announced in writing to the OFAC within ten days, with the necessary documentation to be attached.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Section 3 Obligation to announce technical failures and defects

Art.

1 The crew recorded in the logbook or in a document equivalent to the technical failures, defects or abnormal solicitations recognized during the operation of the aircraft and the announcements without delay to the operator or organ Appointed. If it has nothing to report, it also indicates it.

2 ... 1

3 The operator or body designated by the operator shall promptly announce to the OFAC technical failures, defects or abnormal solicitations. The OFAC lays down guidelines on this subject (technical communications, art. 50).

1 Repealed by c. I of the O du DETEC of 14 Jul. 2008, with effect from 1 Er August 2008 ( RO 2008 3629 ).

Section 4 13 Maintenance of aircraft operating commercial flights

Art.

The requirements applicable to the performance of maintenance on aircraft operating commercial flights shall be governed by the applicable requirements for the operation of aircraft in commercial air traffic.

Art.

Repealed

Section 5 14 Maintenance of Other Aircraft

Art. 32 Aircraft, helicopters and motoplaners

1 The OFAC shall fix on a case by case basis the requirements applicable to the maintenance of aircraft of the standard category of a maximum take-off weight equal to or greater than 5700 kg as well as that of the multi-engine helicopters of the standard category.

2 Only maintenance organizations approved under the Aircraft Maintenance Organization (OOMA) Order of March 19, 2004 1 Can carry out and certify the complex maintenance work on the other aircraft, the motoplaners of a maximum take-off weight exceeding 1200 kg and the helicopters, as well as any maintenance on aircraft and helicopters Used regularly for training purposes. The OFAC may authorise derogations on request. 2

3 Complex maintenance work on aircraft and motoplaners with a maximum take-off weight of less than or equal to 1200 kg and other non-complex maintenance on aircraft and helicopters can be performed or certified By: 3

A.
A maintenance organization within the meaning of the OOMA;
B.
Aircraft Maintenance Personnel:
1.
If it is authorised for that purpose in accordance with Annex III to Regulation (EC) No O 2042/2003 4 Or pursuant to the Order of the Aircraft Maintenance Personnel (OPEA) Order of August 25, 2000 5 , and
2.
If it has the necessary maintenance, equipment and equipment;
C.
Construction undertakings if they are authorised in accordance with their production organisation approval established pursuant to Regulation (EC) No O 1702/2003 6 Or art. 17, para. 1, let. B, ECA 7 .

1 RS 748.127.4
2 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
3 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
4 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ) .
5 RS 748.127.2
6 In accordance with c. 3 of the Annex to the Air Transport Agreement (RS 0.748.127.192.68 ) .
7 RS 748.127.5

Art. 33 Planers, gliders with retractable motor, airships and balloons

1 The complex maintenance work on gliders, gliders with retractable motor, airships and balloons can be performed or certified by:

A.
A maintenance organization within the meaning of the OOMA 1 ;
B.
Construction undertakings if they are authorised in accordance with their production organisation approval established pursuant to Regulation (EC) No O 1702/2003 2 Or art. 17, para. 1, let. B, ECA 3 ;
C. 4
Aircraft Maintenance Personnel:
1.
If it is authorised for that purpose in accordance with Annex III to Regulation (EC) No O 2042/2003 5 Or in accordance with OPEA 6 ; and
2.
If it has the necessary maintenance, tooling and equipment.

2 Non-complex maintenance work on gliders, gliders with retractable, dirigible and balloons can be performed or certified by:

A.
The operator, provided that the operator has the necessary technical knowledge, maintenance, equipment and facilities;
B.
Aircraft Maintenance Personnel:
1.
If it is authorised for that purpose in accordance with Annex III to Regulation (EC) No O 2042/2003 7 Or in accordance with OPEA 8 , and
2.
If it has the necessary maintenance, equipment and equipment;
C.
A maintenance organization within the meaning of the OOMA;
D.
Construction undertakings if they are authorised in accordance with their production organisation approval established pursuant to Regulation (EC) No O 1702/2003 or Art. 17, para. 1, let. B, ECA.

3 Art. 34, para. 4, applies mutatis mutandis.

1 RS 748.127.4
2 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ) .
3 RS 748.127.5
4 Introduced by c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
5 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ).
6 RS 748.127.2
7 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ) .
8 RS 748.127.2

Art. 34 Special situations

1 The OFAC may authorise a maintenance organisation approved in accordance with Regulation (EC) No O 2042/2003 1 To carry out and certify in accordance with this Regulation for maintenance work on aircraft not falling within the scope of Regulation (EC) No O 216/2008 2 , provided that the work is carried out and certified in accordance with a national annex, approved by the OFAC, of the specifications manual for the maintenance organisation (MOE/MOM) approved in accordance with Regulation (EC) No O 2042/2003. The OFAC may issue directives in technical communications provided for in Art. 50.

2 It may authorize the operator of a single-piston aircraft or a special category aircraft to carry out and personally certify certain non-complex maintenance work on its aircraft. It lays down guidelines on this subject (technical communications, art. 50).

3 In addition to maintenance personnel authorized for aircraft maintenance, it may authorize the operator of an aircraft classified in the special category "amateur" or a specialist designated by the "amateur" to carry out, monitor and attest personally Some maintenance work according to maintenance data. It sets out the scope and conditions of this entitlement. It can monitor maintenance work. 3

4 The operator may use other specialists in addition to maintenance personnel who are authorized to maintain an aircraft in the "historic" and "limited" subcategories. 4 The OFAC controls the skills of these individuals. It can enable them to carry out, monitor and certify certain maintenance work. It sets out the scope and conditions of this entitlement. It can monitor maintenance work or set additional conditions for this purpose.

5 The OFAC may withdraw or restrict the authorisation or authorisation to the person concerned if he finds deficiencies in the maintenance described in paras. 1 to 4.

1 In accordance with c. 3 of the Annex to the Ac. On air transport (RS 0.748.127.192.68 ) .
2 In accordance with c. 3 of the Air Transport Annex (RS 0.748.127.192.68 ) .
3 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
4 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).

Section 6 15 Maintenance of engines, propellers, aircraft parts and equipment

Art. 35

Art. 30 to 34 shall apply mutatis mutandis to approvals relating to the performance of maintenance work on engines, propellers, aircraft parts and equipment.

Section 7 16 Maintenance work abroad

Art. 36

1 Requirements for the conduct of maintenance work abroad on aircraft operating commercial flights shall be governed by the applicable requirements for the operation of aircraft in commercial air traffic.

2 Maintenance work on aircraft assigned to non-commercial traffic and on engines, propellers, aircraft parts and equipment to be fitted to such aircraft shall be carried out and certified abroad only by undertakings Construction or maintenance bodies recognised as such by the competent aeronautical authority.

3 If maintenance work is carried out by construction companies or foreign service organizations, the operator must require that:

A.
The relevant documents are used (s. 25);
B.
The required certificates and working reports shall be drawn up in accordance with the Swiss requirements (Art. 37 and 38).

4 The OFAC can monitor the maintenance work in question.

5 If it finds deficiencies in the maintenance work that has been carried out abroad, it may decide that:

A.
The aircraft concerned cannot be released into circulation or the engine, propeller, aircraft part or equipment concerned can be reused only when a Swiss maintenance organisation has performed the required maintenance work;
B.
The work in question will no longer be entrusted to the foreign service organization concerned.

6 The OFAC may, on a case-by-case basis, provide exemptions to paras. 2 and 3.

Section 8 Completion and certification of maintenance 17

Art. 1 Service Discount Certificate

1 At the end of the maintenance work performed on aircraft and engines, propellers, aircraft parts and equipment mounted thereon, especially after repair of technical failures, defects or abnormal solicitations, a Authorised person must certify the maintenance by means of a certificate of remission in service:

A.
For aeroplanes, helicopters, motoplaners: in the logbook or in an equivalent document;
B.
For balloons: in the logbook or in an equivalent document.

2 At the end of the maintenance work performed on engines, propellers, aircraft parts and equipment which are not intended for immediate assembly on an aircraft, a qualified person shall draw up a certificate of remission in service.

3 The certificate of release in service is established only if the maintenance work has been completed and completed in accordance with the determinative maintenance data (s. 25) and that only engines, propellers, aircraft parts and usable equipment have been fitted (art. 18 and 28).

4 The certificate of remission in service ceases to be valid:

A.
If a technical failure, defect or abnormal solicitation occurs, that is likely to compromise the airworthiness;
B.
New maintenance work is due to expire;
C.
Six months after the last flight of an aircraft, helicopter or motoplaner, if the required maintenance was not provided during the capital flight;
D.
An engine, propeller, aircraft room or equipment that is not intended for immediate assembly has not been stored properly or maintained to the extent necessary.

5 The certificate of return to service shall not be issued in the event of a known non-compliance which seriously endangits the safety of the flight.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 38 Working Reports

1 The OFAC may require that a work report be issued to the OFAC upon completion of the complex maintenance work performed as a result of an accident, technical failure or abnormal solicitation of the aircraft. 1

2 In other cases, the OFAC enacts additional directives on the preparation of working reports and on the form and retention of reports (technical communications, art. 50).

1 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).

Art. 39 Aircraft Weighing

1 The aircraft is weighed if its weight and balance cannot be accurately calculated at the end of the maintenance work.

2 The OFAC may order the weighing of the aircraft, regardless of the maintenance work. 1

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 40 1 Control Theft

1 A control flight shall be carried out if the operation of an aircraft, engines, propellers, aircraft parts or equipment on which maintenance work has been performed cannot be controlled by ground testing.

2 Special instructions from the OFAC or the holder of the type certificate are reserved.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Section 9 18 Flight from damaged aircraft

Art.

1 If the airworthiness of an aircraft is compromised as a result of damage, technical malfunctions, abnormal solicitations or other reasons and it is impossible to make the necessary repairs on site, the OFAC may issue a Flight authorization, provided that there is no evidence that the flight is safe.

2 The OFAC can link the flight authorisation to conditions, in particular it can define flight conditions.

3 It may issue directives (technical communications, art. 50).

Chapter 7 19 Amendments

Art. 1 Obligation to submit for approval

1 The modifications made to aircraft and their engines, propellers, parts and equipment are subject to the approval of the OFAC.

2 The necessary documents are submitted to the OFAC prior to the commencement of the modification work.

3 Repairs that are not performed in routine maintenance and that require design work are considered to be modifications.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 43 1 Airworthiness requirements, other requirements and procedures

1 The following provisions apply mutatis mutandis to the definition of airworthiness requirements, other requirements and procedures for modifications:

A.
Art. 9, para. 1 Bis , and 10, para. 1, in the case of standard category aircraft, including engines, propellers, parts and equipment;
B.
Art. 9, para. 2, and 10, para. 2, in the case of special category aircraft, including engines, propellers, parts and equipment.

2 The OFAC shall in all cases be the competent authority for authorisation.

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).

Art. 44 1 Approval and recognition of changes

1 The OFAC distinguishes between minor and major modifications of the type. 2

2 It decides on a case by case basis the documents required in case of modification of the type.

3 In the event of a major change of the type, it certifies that the airworthiness requirements are met:

A.
In an extended type certificate, if the applicant is the holder of the type certificate;
B.
In an additional type certificate, if the applicant is not the holder of the type certificate.

4 The OFAC approves on a case-by-case basis minor changes if the airworthiness requirements are met.

5 It can recognize extended or extended certificates of type and approvals of minor modifications issued by a foreign aeronautical authority.

6 It lays down guidelines in the form of technical communications (Art. 50) concerning:

A.
The distinction between minor and major modifications of the type;
B.
The corresponding procedures;
C.
Documents required in the event of a change in type. 3

1 New content according to the c. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 New content according to the c. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
3 Introduced by ch. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).

Art. 45 To 47 1

1 Repealed by c. I of the O du DETEC of 14 Jul. 2008, with effect from 1 Er August 2008 ( RO 2008 3629 ).

Art. 48 Empowerment to make changes

1 Art. 30 to 40 shall apply mutatis mutandis to the clearance to be carried out and to the certification of their performance.

2 ... 1

1 Repealed by c. I of the O du DETEC of 14 Jul. 2008, with effect from 1 Er August 2008 ( RO 2008 3629 ).

Chapter 8 20 Certificate of Airworthiness for Export

Art.

Upon request, the OFAC shall establish certificates of airworthiness for the export of aircraft, engines or propellers:

A.
If an official examination has found that the aircraft, engine or propeller is in accordance with the type certificate or type documents; and
B.
Whether the maintenance required to maintain airworthiness or fitness for employment has been performed.

Chapter 9 21 Publications and Duty to Inform

Art. 50 Technical Communications

1 The OFAC acts in the form of technical communications of the directives and communications on the design, certification, construction and maintenance of aircraft, engines, propellers, aircraft parts and equipment.

2 It publishes technical communications 1 .

3 A copy of the technical communications may be obtained from the OFAC against payment.

1 Address: Federal Office of Civil Aviation, 3003 Berne.

Art. Airworthiness Instructions

The OFAC publishes the applicable airworthiness directives and provides a regularly updated list of airworthiness directives.

Art. A Duty to Inform

The operator shall regularly inform the publication of the latest airworthiness directives relating to aircraft as well as engines, propellers, aircraft parts and aircraft equipment.

Chapter 10 22 Removing certificates and authorizations

Art.

Under s. 92 LA, OFAC may withdraw certificates, authorisations and licences, or limit their scope, if the conditions prevailing at the time of granting are no longer fulfilled.

Chapter 10 A 23 Criminal provision

Art. A

Any person who contravens any of the obligations under s. 19, 20, 22 and 29, para. 1, is punished in accordance with art. 91, para. 1, let. I, LA.

Chapter 11 24 Final provisions

Art. Repeal of the law in force

The Order of 8 July 1985 concerning the admission and maintenance of aircraft 1 Is repealed.

1 [RO 1985 1567, 1993 2322, 1994 3076 art. 22 hp. 2, 1995 125]

Art. Amendment of the law in force

... 1

1 The mod. Can be consulted at the RO 1995 4897.

Art. A 1 Transitional Provision of the Amendment of 8 August 2005

Certificates of insurance referred to in s. 22, para. 1, let. D, must be adapted to the new requirements by 30 June 2006.

1 Introduced by ch. I of the O du DETEC of 8 August 2005, in force since 5 7. 2005 ( RO 2005 4197 ).

Art. B 1 Transitional provisions relating to the amendment of 14 July 2008

1 Aircraft classified as standard under s. 8, para. 1, let. A, of the version of 18 September 1995 2 Of this order remain classified in the standard category.

2 Responsible persons within the meaning of s. 34, para. 4 of the version dated 18 September 1995 of this Order authorized to maintain aircraft in the "historic" sub-category shall retain their prerogatives in the matter until 31 December 2010.

1 Introduced by ch. I of the O du DETEC of 14 Jul. 2008, effective from 1 Er August 2008 ( RO 2008 3629 ).
2 RO 1995 4897

Art. C 1 Transitional Provision for Amendment of 1 Er February 2013

The clearances referred to in s. 34, para. 3, as of 14 July 2008 2 Are valid until 31 December 2014.

1 Introduced by ch. I of the O du DETEC of 16 January 2013, in force since 1 Er Feb 2013 ( RO 2013 309 ).
2 RO 2008 3629

Art. Entry into force

This order shall enter into force on 1 Er January 1996.

Annex 1

1 Repealed by c. II of the O du DETEC of 14 Jul. 2008, with effect from 1 Er August 2008 ( RO 2008 3629 ).

Status on 15 July 2015

Annex 1 1

(art. 3, para. 3 and 4, let. (a)

Ecolight subcategory

1 Introduced by c. II of the O du DETEC of 24 June 2015, in force since 15 jul. 2015 ( RO 2015 2181 ). The text of the Annex is not published in the RO. It can be viewed free of charge at www.bazl.admin.ch > Professional space > Aircraft > Design, construction and type certificate

Status on 15 July 2015

Annex 2 1

(art. 3, para. 3 and 4, let. (b)

Ultra-light subcategory

1 Introduced by c. II of the O du DETEC of 24 June 2015, in force since 15 jul. 2015 ( RO 2015 2181 ). The text of the Annex is not published in the RO. It can be viewed free of charge at www.bazl.admin.ch > Professional space > Aircraft > Design, construction and type certificate

Status on 15 July 2015

Annex 3 1

(art. 3, para. 3 and 4, let. (c)

History/Historic Subcategory

1 Introduced by c. II of the O du DETEC of 24 June 2015, in force since 15 jul. 2015 ( RO 2015 2181 ). The text of the Annex is not published in the RO. It can be viewed free of charge at www.bazl.admin.ch > Professional space > Aircraft > Design, construction and type certificate

Status on 15 July 2015

Annex 4 1

(art. 3, para. 3 and 4, let. (d)

Amateur subcategory

1 Introduced by c. II of the O du DETEC of 24 June 2015, in force since 15 jul. 2015 ( RO 2015 2181 ). The text of the Annex is not published in the RO. It can be viewed free of charge at www.bazl.admin.ch > Professional space > Aircraft > Design, construction and type certificate

Status on 15 July 2015

Annex 5 1

(art. 3, para. 3 and 4, let. (e)

Sub-category Limited/Limited

1 Introduced by c. II of the O du DETEC of 24 June 2015, in force since 15 jul. 2015 ( RO 2015 2181 ). The text of the Annex is not published in the RO. It can be viewed free of charge at www.bazl.admin.ch > Professional space > Aircraft > Design, construction and type certificate

Status on 15 July 2015

Annex 6 1

(art. 3, para. 3 and 4, let. (f)

Experimental subcategory

1 Introduced by c. II of the O du DETEC of 24 June 2015, in force since 15 jul. 2015 ( RO 2015 2181 ). The text of the Annex is not published in the RO. It can be viewed free of charge at www.bazl.admin.ch > Professional space > Aircraft > Design, construction and type certificate

Status on 15 July 2015

Annex 7 1

(art. 3, para. 3 and 4, let. (g)

Restricted/Restricted Subcategory

1 Introduced by c. II of the O du DETEC of 24 June 2015, in force since 15 jul. 2015 ( RO 2015 2181 ). The text of the Annex is not published in the RO. It can be viewed free of charge at www.bazl.admin.ch > Professional space > Aircraft > Design, construction and type certificate

Status on 15 July 2015