Rs 748.127.2 Ordinance Of Detec Of August 25, 2000 On Personnel Maintenance Of Aircraft (Opea)

Original Language Title: RS 748.127.2 Ordonnance du DETEC du 25 août 2000 sur le personnel préposé à l’entretien des aéronefs (OPEA)

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748.127.2 Ordinance of the DETEC on personnel maintenance of aircraft (OPEA) August 25, 2000 (State on August 1, 2008) the federal Department of the environment, transport, energy and communication, having regard to the art. 6a and 57 of the Act of 21 December 1948 on the aviation (LA), having regard to art. 138a of the order of 14 November 1973 on aviation (groups), stop: Chapter 1 scope and definitions article 1Champ of application and applicable law this order rule the establishment of licences and personal authorizations to persons that perform, control and certify the work maintenance on aircraft or elements of aircraft or applying special processes.
It applies unless the binding version for the Switzerland one of the the following regulations is applicable pursuant to Chapter 3 of the annex to the agreement between the Swiss Confederation and the European Community on air transport concluded on June 21, 1999: a. Regulation (EC) No 1592/2002; b. Regulation (EC) No 2042/2003.

It applies to persons who are holders of a licence or authorization a personal Swiss enabling them to carry out the activities provided for in art. 1, provided that they exercise: a. in Switzerland or at the Basel-Mulhouse Airport; b. overseas, to the extent that no stricter foreign prescription is applicable.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).
RS 0.748.127.192.68. The binding version for the Switzerland is mentioned in the annex to this agreement and may be accessed or obtained from the Foca. Address: Federal Office of civil aviation, 3003 Berne (www.bazl.admin.ch).

S. 2 repealed by the c. of o. of the DETEC on July 14, 2008, with effect from August 1, 2008 (RO 2008 3611).

S. 3 for the purposes of this order, means: a. certifying staff: maintenance personnel authorized by the federal Office of civil aviation (FOCA) to issue certificates of release to service; b. components: engines, propellers, parts, assemblies, components, and equipment of aircraft, including those of relief; for helicopters, jettisonable external loads used exclusively for the carriage of equipment are not considered as elements of aircraft; c. personal leave: document issued by the Foca, which the holder is entitled to certify maintenance work for some components or certain activities; d. maintenance: control, review, modification, Exchange and repair works carried out on aircraft and aircraft components; e. maintenance complex and maintenance non-complex : maintenance work within the meaning of the directives of the FOCA (technical communications, s. 29); f. certificate of release to service: document certifying that the maintenance work undertaken on an aircraft or an aircraft component were executed and completed in accordance with the critical maintenance data; g. maintenance data: all necessary information so that an aircraft or an aircraft component was kept in a State such as seaworthiness is ensured.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

Chapter 2 General provisions concerning licensing, and personal permissions Section 1 Obligation to require licensed art. 4 principle anyone wants, pursuant to this order, execute, monitor and certify maintenance work or apply independently of the specific processes must be licensed, established or recognized by the Foca, or a personal authorization established by it.
Non holders of a license or a personal authorization are allowed to perform maintenance work only if they are under the direct supervision of a person holding a Swiss licence, personal permission or a licence issued in accordance with annex III to Regulation (EC) No 2042/2003.
The art. 33 and 34 of the Ordinance of DETEC of 18 September 1995 on the airworthiness of aircraft (Z'ONAE) are reserved.

New expression according to the c. of o. of DETEC of July 14, 2008, in force since August 1, 2008 (RO 2008 3611). It was taken into account this change throughout the present text.
In accordance with Chapter 3 of the annex to the agreement on air transport (RS 0.748.127.192.68).
New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).
RS 748.215.1 new content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

S. 5 foreign licences anyone wishing to exercise sustained an activity for which a licence is required seeks FOCA recognition written its foreign authorization. This recognition is established for a duration of two years, provided that reciprocity is granted by the third State in question.
In duly justified cases, the FOCA may exceptionally authorise persons holding a licence or permission to temporarily engage in an activity for which a license is required, provided that these people have the knowledge and experience required.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

S. 6 types of licences and personal authorisation the FOCA delivers the following maintenance personnel licences: a. aircraft mechanic license; b.... v. specialist licence.

Instead of the specialist licence, the FOCA can personal authorization when the field of activity of the applicant extends only to certain items of aircraft or limited activities.
Licences and authorizations may be subject to conditions or restrictions.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).
Repealed by the c. of o. of the DETEC on July 14, 2008, with effect from August 1, 2008 (RO 2008 3611).

S. 7 registration licence or personal authorization will indicate aircraft, aircraft elements, or areas of activity to which it applies.
The FOCA issues guidance on possible entries (art. 29).

Section 2 Conditions for the granting or extension art. 8 personal fitness the FOCA may refuse to issue a licence or personal authorization if there is a danger that the applicant would compromise security in the exercise of his activity. It may require the proponent to provide additional information, including on his State of health or previous sanctions.

S. 9 prior training as a basis for obtaining a license or a personal authorization Swiss, the FOCA can recognize fully or partially licenses and foreign clearances or examinations passed abroad, provided that they at least meet the requirements of this order.
In the present case, including where the prior training of the applicant warrants, the FOCA may: a. allow a reduction in training time; b. order a review short; c. provide the applicant of the prescribed examination.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

Section 3 review of capacity art. 10 organization the FOCA determines the program, the place and the date of the examination.
It may authorize that a review is divided into partial exams. The review must be completed within a period of five years.
If this time limit is not observed, the FOCA determines which partial examinations must be repeated.

S. 11 registration registration for the examination will be sent to the FOCA or facility designated by that one.

S. 12 external experts the FOCA may secure the services of external experts to take the exams.
He may delegate partially or fully the competence to pass exams to qualified institutions.

S. 13 result the expert establishes a report on the conduct of the examination. It does achieve the FOCA in five days.
The tests were not passed can be repeated two times. The second and the third exam sessions are limited to the branches in which the candidate answered correctly less than 75% of the questions during the first test session.
The FOCA shall set a date at the end of which the candidate can represent in the review. This period is generally at least three months.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

S. 14Directives the FOCA lays down, in the form of a regulation to review guidelines on the Organization of examinations of capacity (technical communications, art. 29).

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

Section 4 validity of licence and the personal authorization art. 15 degree of experience enough the holder of a licence or personal permission is authorized to carry on the activity to which it is entitled as long as it has the knowledge and skills needed.
If it has more exercised his activity in a certain area for a prolonged period or if for other reasons, it is necessary to seriously doubt his knowledge and skills, the FOCA may require follow a course or a specialized course, or that it succeeds an appropriate examination.

S. 16 adequate skills


The holder of a licence or a personal authorization may carry on the activity to which it is entitled as long that abilities are impaired by disease or overtiredness, or if it is under the influence of alcoholic beverages, narcotics or medications.

S. 17 period of validity of the licence and personal authority licence and personal authorisation are valid for five years.
On request, they are extended for five years if their holder can prove that during the past two years, he has pursued the corresponding activity for six months at least.
The FOCA decides in the case of the renewal of the licences or personal permissions which the holder cannot prove that he has pursued the practical activity prescribed for the renewal.
It can bind the renewal of the license or the personal authorization on the condition that the candidate must have completed a course or a specialized course or have passed an appropriate examination.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

S. 18 withdrawal of the licence or personal permission and limitation of the scope of application under art. 92, the FOCA can decide the temporary or permanent withdrawal of a license or a personal authorization, or restrict the scope as well as the rights y related, particularly when the holder: a. no longer fulfils the conditions for the granting of these documents; b. has violated serious or repeated manner the provisions defining; c. refuses to hand over to the FOCA documents required to monitor the implementation of these requirements.

Section 5 processes individuals article 19. the FOCA determines the specific processes for which a specialist licence (art. 26) or a personal permission recognized by him is necessary. It may set certain conditions for the granting of the licence or authorization.
The FOCA provides guidance on specific processes (technical communications, art. 29).

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

Chapter 3 special provisions concerning licensing, and personal permissions Section 1 Licence, aircraft s. mechanic 20 conditions for granting the person seeking an aircraft mechanic license must meet the requirements of art. 8 and 9 and: a. be aged 21 years at least; b. establish that they have completed an apprenticeship or received equivalent training in a field relevant to the activity of aircraft mechanic; v. to prove that it exercised for three years an activity in the maintenance of aircraft, both in the field asked for, or that it has participated in a course recognized by the office and worked for two years for maintenance of the aircraft in the area applied for; in both cases, the last practical activity should not go more than twelve months; d. have passed the examination of capacity; e. have the knowledge in foreign languages needed to understand the maintenance data;

The FOCA decides in this case if the activity within a construction company or on military aircraft can be attributed on the required practical work.

Introduced by the c. of o. of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

S. 21 review of capacity the capacity review includes a theoretical examination and a practical test covering: a. the requirements of air law relating to the maintenance of the aircraft; b. knowledge of materials and standards; v. General knowledge of aircraft; d. knowledge of the elements and systems of aircraft in the areas requested by the applicant; e. the use of the maintenance data; f. working and control procedures including knowledge of the administrative work required; g. knowledge of the language, English, insofar as it is necessary for the understanding of the maintenance data.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).
New expression according to the c. of o. of DETEC of July 14, 2008, in force since August 1, 2008 (RO 2008 3611). It was taken into account this change throughout the present text.

S. 22 rights of the holder of an aircraft mechanic license is entitled: a. to execute, check and certify independently of non complex aircraft maintenance enrolled in licensed; b. to run, monitor and certify maintenance work complex under the supervision of a duly authorized maintenance organization.

The FOCA may authorize case by case the holder of a licence for aircraft mechanic to perform and certify independently some complex maintenance work on aircraft registered in its licence.
Subject to complementary to the organ of the aerodrome requirements, the licensee of an aircraft mechanic is also entitled: a. to circulate to the ground with an aircraft provided that it has been initiated to this operation and the aerodrome procedures; b. to come into contact by radiotelephone with the bodies of air traffic, provided services that he was initiated to the procedure used for radiotelephony communications and that he knows the conventional traffic expressions ground.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).
New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

Section 2...

S. 23-25 Section 3 Licence specialist or personal authorization art. 26 eligibility the person seeking a specialist licence or a personal authorization must meet the requirements of art. 8 and 9 and: a. be aged 21 years at least; b. establish that they have completed an apprenticeship or received equivalent training in a field relevant to the field of activity it seeks; c. prove that it exercised for two years its activity specialized in maintenance of aircraft or elements of aircraft, including one year at least in the field of activity applied for; the last practical activity should not go back more than twelve months; d. have passed the examination of capacity or produce a personal authorization issued by a specialized organization recognized by the FOCA; e. have the knowledge in foreign languages needed to understand the maintenance data.

In the present case, the FOCA can partially waive any of the conditions listed in the al. 1, let. (c), provided that the applicant provide evidence of equivalent deemed practical training.

Introduced by the c. of o. of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

S. 27 examination of capacity of capacity includes a theoretical examination and a practical test covering: a. requirements of air law for the maintenance of aircraft and components; b. the use of the maintenance data; c. the requirements of airworthiness for the area concerned; d. knowledge of materials and standards as well as elements and systems of aircraft relevant to the domain concerned; e. the working and control procedures including knowledge of the administrative work necessary; f. knowledge of the language, English, insofar as it is necessary for the understanding of the maintenance data.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

S. 28 rights of the holder of a license of specialist or personal authorization is entitled to areas of activity included in its licence or authorization, execute, control or certify maintenance on aircraft and components work.
Art. 22, al. 3, shall apply by analogy to the movement of the aircraft on the ground.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).

Chapter 4 Communications techniques art. 29. the FOCA may enact in the form of technical communications guidelines and complementary communications on maintenance personnel.
He published technical communications a copy of technical papers can be obtained from the FOCA against payment.

New content according to chapter I of O of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).
Address: Federal Office of federal aviation, 3003 Berne (ww.bazl.admin.ch).

Chapter 5 provisions finals s. 30 the law in force the order of 8 July 1985 on aircraft maintenance personnel is repealed.

[RO 1985 1548, 1993 2311, 1995 123 4892 art. 9]

S. 31 transitional provisions following the entry into force of this order, the licence currently valid for aircraft maintenance personnel will be renewed according to the provisions of art. 17. the extension of a national licence of licence based on Regulation JAR-66 is governed by the OJAR-66.

[RO 2000 2407]

S. Transitional 31aDispositions of the amendment of July 14, 2008 the aircraft controller licences issued under the former law retain their validity beyond the entry into force of the amendment of July 14, 2008, of this order.
The FOCA can renew the licences therefore that the requirements of art. 17 are met.

Introduced by the c. of o. of the DETEC on July 14, 2008, in force since August 1, 2008 (RO 2008 3611).


S. 32 entry into force this order comes into force on October 1, 2000.

Schedule repealed by chapter II of the O of the DETEC on July 14, 2008, with effect from August 1, 2008 (RO 2008 3611).

Status as of August 1, 2008