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RS 748.121.11 Order of the DETEC of 20 May 2015 concerning air rules applicable to aircraft (ORA)

Original Language Title: RS 748.121.11 Ordonnance du DETEC du 20 mai 2015 concernant les règles de l’air applicables aux aéronefs (ORA)

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748.121.11

DETEC's Air Rules for Aircraft Order

(ORA)

On 20 May 2015 (State on 15 July 2015)

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

See art. 75 of the Order of 14 November 1973 on Aviation 1 , pursuant to the Implementing Regulation (EU) n O 923/2012 2 In the version that binds Switzerland under the c. 5 of the Annex to the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on Air Transport 3 ,

Stops:

Chapter 1 General provisions

Art. 1 Relationship to European law

Air rules applicable to aircraft shall be governed by:

A.
First, by the Implementing Regulation (EU) n O 923/2012;
B.
As a supplement to this order.
Art. 2 Territorial scope of application

Air rules within the meaning of this Ordinance shall apply in Swiss airspace.

Art. 3 Special situations

1 This order shall not apply to military aircraft, which shall be subject to the requirements of the command of the Air Force in accordance with the Federal Office for Civil Aviation (OFAC) and within the limits of s. 107 of the Federal Aviation Act of 21 December 1948 1 .

2 With the exception of art. 9, this order does not apply to kites, ascent parachutes, captive balloons and aircraft without occupants, which are subject to the order of November 24, 1994, on special category aircraft 2 .

3 Slope gliders and electric-powered slope gliders are subject to the air rules applicable to gliders, unless the order of November 24, 1994, on special category aircraft provides otherwise.

4 The motoplaners of which the engine is running are subject to the air rules applicable to aircraft, the motoplaners whose engine is stationary are subject to the rules of the air applicable to gliders.


Art. 4 Competent authority

OFAC is the competent authority within the meaning of s. 2, c. 55, of the Implementing Regulation (EU) n O 923/2012.

Art. 5 Use of airspace classes

The arrangements for the use of the airspace classes in Switzerland are set out in Appendix 1.

Art. 6 Return to Rules SERA

The provisions of the Annex to the Regulations (EU) n O 923/2012 to which this order refers are designated by the abbreviation "SERA" 1 Followed by a number.


1 WILL = European Rules of the Air (standard European air rules)

Chapter 2 General Air Rules

Section 1 Miscellaneous provisions

Art. 7 Noise Control

It is prohibited to cause more noise with aircraft than that resulting from respectful behaviour and proper employment.

Art. 8 Aerial acrobatics

1 The flights of acrobatics in the air spaces of classes C and D or above aerodromes require authorisation.

2 The authorisation shall be issued by the competent body for the control of air traffic or, if it fails, by the chief aerodrome.

3 The authorisation shall be issued if, in view of the traffic conditions, air safety is not compromised.

4 Flights of acrobatics are prohibited above the densely populated areas, as well as at night.

5 The flights of acrobatics will not be performed:

A.
Less than 500 m above the ground for aeroplanes or helicopters;
B.
Less than 300 m above the ground with respect to gliders.

6 The OFAC may authorise derogations from the minimum flight heights if training in anticipation of competitions or aerial demonstrations requires it. In this respect it lays down the conditions required in the interests of security.

Art. Width and spreading

1 Objects or liquids may be dropped or applied from an aircraft in flight only with the approval of the OFAC.

2 May be dropped without permission:

A.
Ballast, in the form of water or fine sand;
B.
In the event of an emergency: the fuel or dangerous objects, if possible at a specific location in agreement with the competent body of air traffic control;
C.
Objects or substances intended for relief operations;
D.
Above an aerodrome: towing cables and drop-off trucks;
E.
For parachute jumps: drift indicators;
F.
For landing: fumigants;
G.
In air competitions: despatches.
Art. 10 Restricted Areas and Hazardous Areas

The OFAC may establish the following areas to ensure air safety:

A.
Restricted areas within the meaning of SERA.3145;
B.
Dangerous areas within the meaning of s. 2, c. 65, of the Implementing Regulation (EU) n O 923/2012.
Art. 10 A 1 Restrictions on the operation of certain aircraft at national airports

The operation of electric cars and power-driven aircraft with aerodynamic controls is prohibited at the Geneva and Zurich airports.


1 Introduced by ch. I of the O du DETEC of June 24, 2015, in force since 15 jul. 2015 ( RO 2015 2177 ).

Section 2 Prevention of collisions

Art. 11 Training Flights

In the case of training flights, only the conditions set out in Rule SERA.3135 apply.

Art. 12 Aircraft close to face along a slope

When two aircraft operate along a slope and are close to face, or near face, approximately equal to the same height, the aircraft that has the slope on its left side must move to the right. It is forbidden to pass below or above the other aircraft.

Art. 13 Overflow glider along a slope

A glider operating along a slope shall not exceed another glider flying approximately the same height.

Art. 14 Volts of gliders

1 The pilot of a glider meeting another glider who runs voltes in a descent will move out to the right.

2 The pilot of a glider who enters an ancestry where another glider is already evolving must perform his or her voltes in the same direction as the first.

3 When two or more gliders operate along the same slope, pilots are prohibited from flying or turning against the slope.

Art. 15 Flight information area

1 A flight information area (FIZ 1 ) Is an airspace defined around an aerodrome within which a flight information service and an alert service are provided by an aerodrome flight information service (AFIS 2 ).

2 AFIS is a service providing aircraft commanders with useful information to ensure the safe and efficient operation of flights in the vicinity of the aerodrome as well as on runways and traffic lanes.

3 A radio contact with the AFIS must be provided on an ongoing basis within a FIZ.

4 For the rest, the rules of the airspace class in which the FIZ is located are applicable.


1 FIZ = Flight Information Zone
2 AFIS = Aerodrome Flight Information Service

Section 3 Flight Plan, Flight Announcement and Passes for Distance Flights

Art. 16 Flight Plan Depot

1 The obligation to file a flight plan is governed by the SERA.4001 rule.

2 No flight plan shall be required for cross-border glider or balloon flights where the foreign countries concerned do not require the filing of a flight plan (Rule SERA.4001 let. B, c. 5). Countries that do not require the filing of a flight plan are published in the Aeronautical Information Publication 1 .

3 In order to facilitate the search and rescue task, flight plans may be filed for flights operated under visual flight rules that are not subject to the requirement to file a flight plan.


1 The publication of aeronautical information may be obtained against payment from Skyguide (aipversand@skyguide.ch) and consulted free of charge at OFAC, 3003 Berne.

Art. 17 Flight Plan Content

1 A flight plan must include the data to be provided in accordance with the form 1 ICAO Flight Plan 2 Standard.

2 A simplified flight plan within the meaning of Rule SERA.4001, let. A, which relates only to the part of the flight for which an ATC authorization 3 May be filed by radio at the same time as the authorization is requested.

3 The term "aerodrome" in the flight plan may also refer to landing grounds used by aircraft in the particular field of use, such as helicopters or balloons.


1 The standard form is included in the Aeronautical Information Publication. The latter can be obtained against payment from Skyguide (aipversand@skyguide.ch) and consulted free of charge at the Federal Office for Civil Aviation (OFAC), 3003 Berne.
2 ICAO = International Civil Aviation Organization
3 ATC = Air Traffic Control (air traffic control)

Art. 18 Announcement of flights

An aerodrome operator may require that scheduled takeoffs be announced in writing if required by local monitoring.

Art. 19 Form for distance flight

In the case of cross-border glider or balloon flights for which the filing of a flight plan is not compulsory (art. 16, para. 2), the distance flight form 1 Published by the OFAC must be duly completed and carried on board.


1 The distance flight form can be obtained from the OFAC, 3003 Berne.

Section 4 Air Navigation Services

Art. Air Traffic Control Service

1 The air traffic control service should be used for the following flights:

A.
Flight to instruments subject to paras. 3 and 4;
B.
Flights in accordance with Rule SERA.8001, let. B, c and d.

2 By way of derogation from the separation requirements laid down in Rule SERA.8005, the air traffic control body may, on an exceptional basis, issue clearance at the request of an aircraft in a Class D or E airspace, to Condition that:

A.
This aircraft maintains its own separation in a specific part of the flight below 3050 m (10,000 ft) during the ascent or descent phase, day and in flight weather conditions; and
B.
The other aircraft approves clearance.

3 The OFAC may authorize an aerodrome operator to apply an approach procedure to instruments without the use of air traffic control if the required safety evidence is provided.

4 It may also authorise the application, outside of aerodromes, of flight procedures to instruments without recourse to the air traffic control service.

Art. Position records

1 The required information shall be sent ex officio to the competent body of air traffic control at the time of the passage at each point of account declared mandatory in the publication of aeronautical information 1 , unless the air traffic control body expressly stated otherwise.

2 Where such reporting points are not specified, statements of position shall be given in accordance with the instructions of the competent body of air traffic control.


1 The publication of aeronautical information may be obtained against payment from Skyguide (aipversand@skyguide.ch) and consulted free of charge at OFAC, 3003 Berne.

Art. Disruption of communications

1 In the event of a failure of radio equipment during a controlled flight under visual flight conditions, it is necessary to:

A.
Continue the flight in accordance with the latest clearance received;
B.
Land on the first appropriate aerodrome that is present;
C.
Announce the arrival to the competent body of air traffic control using the quickest means of communication.

2 In the event of a failure of the radio equipment during a flight in flight weather conditions to the instruments, it is necessary to:

A.
Continue the flight in accordance with the current flight plan;
B.
Start the descent over the navigation aid at the destination aerodrome, at the planned approach time which has been communicated and confirmed at the last place. If such an hour has not been communicated or confirmed, it should be kept as close as possible to the estimated time of arrival according to the flight plan in force;
C.
Follow the normal instrument approach procedure as specified for the aerodrome in question;
D.
Land within 30 minutes of the scheduled arrival time according to the current flight plan.

3 If the clearance of the levels concerns only part of the road, the aircraft will be maintained at the latest levels communicated and confirmed to the points specified in the clearance. Thereafter, it will be maintained at the cruising levels specified in the submitted flight plan.

4 The 7600 SSR code must be enabled in A mode.

5 Specific local procedures in the publication of aeronautical information 1 Are reserved.


1 The publication of aeronautical information may be obtained against payment from Skyguide (aipversand@skyguide.ch) and consulted free of charge at OFAC, 3003 Berne.

Chapter 3 Flight Rules

Section 1 Applicable Minimums

Art. General provisions

1 From day to day flights in accordance with visual flight rules shall be carried out in such a way that the visibility and distance minima in relation to the clouds referred to in Rule SERA.5001 are respected.

2 Class G airspace extends from the ground to 600 m above the ground.

3 In Class G airspace, the flight out of the clouds is carried out in permanent view of the ground.

4 Flight visibility in Class G airspace is in principle at 5000 m. Flight visibilities reduced, at most, to 1500 m may be authorized for flights operated:

A.
At speeds of 140 kts IAS 1 , or less, to leave the possibility of seeing any other aircraft or obstacle in time to avoid a collision; or
B.
In circumstances where the probability of meeting other aircraft would normally be low, for example in areas with low traffic density and low-level aerial work.

5 Helicopters can fly with a flight visibility of at least 800 m if they fly at a speed that allows to see any other aircraft or obstacle in time to avoid a collision. Theft of airborne visibilities less than 800 m is permitted in special cases such as medical flights, search and rescue flights, and fire-fighting flights.

6 Day and night limits shall be fixed in the publication of aeronautical information 2 .

7 The operation of helicopters in special cases such as medical flights, search and rescue flights and fire fighting flights may derogate from the conditions set out in Rule SERA.5010, let. A and b.


1 IAS = Indicated Airspeed (specified speed)
2 The publication of aeronautical information may be obtained against payment from Skyguide (aipversand@skyguide.ch) and consulted free of charge at OFAC, 3003 Berne.

Art. 24 Decollations of helicopters and balloons by ground fog or high fog

1 When minima cannot be met due to ground fog or high fog, the take-off of helicopters and balloons is permitted if:

A.
Visual flight weather conditions prevail over the fog layer; and
B.
The lower limit of the fog layer is not more than 200 m above the take-off position and the layer itself does not have a thickness greater than 300 m.

2 OFAC sets out specific departure procedures for these cases.

Art. 25 Flying into clouds in glider

1 Flights in glider clouds are governed by the following rules:

A.
They are allowed only in cumulus and cumulonimbus, but never in compact banks of clouds;
B.
Clouds should not affect any nearby obstacles;
C.
The vertical distance between the cloud base and the highest ground barrier shall be at least 300 m.

2 A flight in the clouds can only begin if it has been authorised by the competent body of air traffic control.

Art. 26 Sailing flying zones

1 Gliding areas shall be fixed in the publication of aeronautical information 1 They are published as restricted areas.

2 Within these gliding areas, in the E-class airspace, gliders observe, by way of derogation from art. 23, para. 1, the following minimum distances:

A.
A vertical distance from the clouds of at least 50 m;
B.
A horizontal distance from the clouds of at least 100 m.

3 The rules for gliding areas do not apply to:

A.
Within active control zones (CTR 2 );
B.
In terminal control regions (TMA 3 );
C.
In Class G airspace;
D.
In other restricted or dangerous areas.

4 The area of terminal control is a portion of a control region established, in principle, at the interchange of TTYs 4 Around one or more important aerodromes.

5 Instrument flights are prohibited within the headscarf areas.


1 The publication of aeronautical information may be obtained against payment from Skyguide (aipversand@skyguide.ch) and consulted free of charge at OFAC, 3003 Berne.
2 CTR = Control Zone
3 TMA = Control Area
4 ATS = Air Traffic Service (air traffic service)

Art. 27 Night flights according to visual flight rules

1 A flight plan shall be filed in accordance with the rule SERA.4001 in the case of a night flight according to the rules of flight to view beyond the vicinity of an aerodrome. This obligation does not apply to flights referred to in s. 4, para. 1 of the Regulation (EU) n O 923/2012 which are performed at night in the class E and G airspace.

2 Flights under visual flight rules may only be flown at night from and to aerodromes equipped and authorized for this purpose. The OFAC may, in special cases and under the conditions set out in paras. 3 and 4, to authorise derogations from this restriction. The latter is not applicable to search and rescue, police, training and emergency transport by helicopter, as well as to balloon flights.

3 The following minimum values apply to overnight flights according to visual flight rules:

A.
Flight visibility: 8 km;
B.
Horizontal distance from cloud: 1.5 km;
C.
Vertical distance from cloud: 300 m.

4 A derogation from the minimum prescribed in para. 3 is also accepted if the aerodrome and the aircraft are constantly in sight to each other and if the competent body of air traffic control has given the authorisation, or, if it is lacking, with the authorisation of the aerodrome chief.

5 Derogations from these conditions may be permitted for helicopters in special cases such as medical flights, search and rescue, and fire fighting.

6 In flight at night in accordance with visual flight rules, the aircraft establishes and maintains bilateral communication on the appropriate radio channel of the air traffic service, provided it is available.

7 In accordance with the SERA.5010 rule, special VFR flights may be permitted within a control zone.

Art. 28 Minimum Flight Height

1 The minimum heights referred to in Rule SERA.5005, let. F, apply to flights according to overnight flight rules.

2 To the extent necessary, flights below minimum heights shall be permitted only:

A.
On search, rescue or police flights;
B.
For take-off and landing requirements;
C.
In aircraft emergency landing exercises outside heavily populated areas provided that an instructor or pilot authorized to lead an initiation is present on board;
D.
On helicopter flights for training purposes outside heavily populated areas and, with the permission of the aerodrome manager, for training purposes at or near an aerodrome;
E.
On free balloon flights for training purposes, provided that an instructor is present on board; or
F.
With a special authorization from the OFAC.

3 The minimum height for glider glider flights is 60 m above the ground. A sufficient lateral safety gauge shall be maintained in relation to the slope.

Section 2 Transponder port

Art.

1 Motorized aircraft flying in accordance with the flight rules shall prevail and use, in the following cases, a Level 2 mode transponder at least responding to the need for basic supervision with the management of the SI code:

A.
In the case of flight in the airspace of classes C or D;
B.
At an altitude not less than 7000 ft in the case of flight in the airspace of Class E;
C.
In all classes of airspace in case of flight by night according to the rules of visual flight.

2 Once a transponder is embedded, it must also be used outside the airspace referred to in para. 1.

3 By way of derogation from paras. 1 and 2, the competent body of air traffic control may issue a notice requiring the transponder to be extinguished.

4 In addition, in the compulsory areas for transponder defined by the OFAC under the Implementing Regulation (EU) n O 923/2012, the emport and the use of a mode S transponder satisfying the requirements set out in para. 1 are mandatory.

5 The codes to be used are published in the Aeronautical Information Publication. 1

6 Aircraft operators shall ensure that the data transmitted by the mode S transponder is accurate, complete and up-to-date. This also applies to data transmitted on a voluntary basis.


1 The publication of aeronautical information may be obtained against payment from Skyguide (aipversand@skyguide.ch) and consulted free of charge at OFAC, 3003 Berne.

Chapter 4 Instrument Flight Rules

Art. Minimum Flight Height

1 The following minimum flight heights apply to instrument flights:

A.
Above the mountainous regions greater than 3050 m/mer: at least 600 m above the highest obstacle located within an 8 km radius of the aircraft's estimated position;
B.
At least 300 m above the highest obstacle located within an 8 km radius of the aircraft's estimated position.

2 It is permissible to depart from the minimum flight heights for take-off and landing requirements.

Art. Transponder

1 Motorized aircraft flying in accordance with instrument flight rules prevail and use a Level 2 mode transponder at least responding to the need for basic surveillance with the management of the SI code.

2 The competent air traffic control body may issue a notice requiring the transponder to be extinguished.

3 Aircraft operators shall ensure that the data transmitted by the mode S transponder is accurate, complete and up-to-date. This also applies to data transmitted on a voluntary basis.

Chapter 5 Final provisions

Art. 32 Repeal and modification of other acts

1 The order of the DETEC of 4 May 1981 concerning air rules applicable to aircraft 1 Is repealed.

2 The amendment of other Acts is set out in Appendix 2.


1 RO 1981 1066, 1985 1908 c. II, 1989 560, 1992 548, 1993 1377, 1994 3076 art. 22 hp. 1, 1996 2802, 1997 905, 2001 511, 2006 4279 4701, 2008 639, 2011 1153

Art. 33 Transitional Provision

By way of derogation from art. 29, the A/C mode transponders already installed on board aircraft as of the date of entry into force of this order shall remain usable for flights under visual flight rules until 31 March 2016 regardless of the class of airspace. However, if such transponders are exchanged, they must be replaced by transponders such as those specified in Art. 29, para. 1, in the event that they are used in air spaces subject to an obligation to carry and use transponder in accordance with Art. 29.

Art. 34 Entry into force
This Order comes into force on June 15, 2015.

Appendix 1

(art. 5)

Use of airspace classes in Switzerland

Class

Main areas of use

Additional usage

A

Not used in Switzerland

B

Not used in Switzerland

C

-
Airspace above FL 195 1
-
Terminal control regions with high traffic according to instrument flight rules
-
Jura-FL 100 to the FL 195
-
Air routes in the Alps
-
Alps:
-
During operating hours MIL FL 130 to the FL 195
Outside the operating hours MIL FL 150 to the FL 195

According to the aircraft map 1:500 000 2 And the publication of aeronautical information 3

D

-
Other terminal control regions (TMA) with traffic according to instrument flight rules
-
Control Fields (CTR)

In accordance with the 1:500 000 aeronautical map and the publication of aeronautical information

E

-
Outside Class G, D, and C spaces

In accordance with the 1:500 000 aeronautical map and the publication of aeronautical information

F

Not used in Switzerland

G

-
Soil up to 600 m AGL 4

In accordance with the 1:500 000 aeronautical map and the publication of aeronautical information


1 FL = Flight Level (flight level)
2 The publication may be obtained against payment from the Federal Office of Topography, 3084 Wabern, and consulted free of charge at OFAC, 3003 Berne .
3 The publication of aeronautical information may be obtained against payment from Skyguide (aipversand@skyguide.ch) and consulted free of charge at OFAC, 3003 Berne.
4 AGL = Above Ground Level (above ground)


Status on 15 July 2015

Appendix 2

(art. 32, para. 2)

Amendment of another Act

... 1


1 The mod. Can be viewed at RO 2015 1643 .


Status on 15 July 2015