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RS 510.755 Order of 1er March 2006 concerning military navigation (ONM)

Original Language Title: RS 510.755 Ordonnance du 1er mars 2006 concernant la navigation militaire (ONM)

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510.755

Military Navigation Order

(ONM)

Of 1 Er March 2006 (Status on February 15, 2016)

The Swiss Federal Council,

Having regard to art. 27, para. 4, and 56, para. 1, of the Federal Act of 3 October 1975 on Inland Navigation (LNI) 1 , given art. 150, para. 1, of the Federal Act of 3 February 1995 on the military and military administration 2 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

This order provides for military navigation exceptions to civil traffic rules, in particular the admission of military vessels, the training and admission of their drivers and special traffic measures.

Art. 2 Scope of application

1 This Order applies to the use of military vessels, military amphibious vehicles and other amphibious military means and immersion in military service, pre-military and off-duty military activities on Public waters within the territorial limits or in the Swiss area of performance.

2 In addition, the requirements for civil navigation shall apply.

Art. 3 Definitions

For the purposes of this order:

A. 1
Military vessels: vessels that have been purchased, leased, leased, borrowed or requisitioned for the ship;
B.
Drivers of military vessels: any person who has a military licence for boat drivers that is used in a service or non-service military activity;
C. 2
Civil driver's licence for boat drivers: the cantonal or federal driving licence for boat drivers.

1 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).
2 Introduced by c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. 4 Jurisdiction

1 The Office for Road Traffic and Navigation of the Army (OCRNA) is responsible for:

A.
Monitoring the application of this order within the Department of Defence, the Protection of Population and Sport (DDPS);
B.
Type-approval, registration and periodic monitoring of military vessels;
C. 1
The admission of military vessel operators and military experts to examinations;
D. 2
The granting and withdrawal of the military navigation permit, the military driver's licence for vessel operators and the permit of military experts to conduct examinations;
E.
The representation of the RFSP as a navigation service to the Association of Navigation Services and the Federal Transportation Agency (OFT);
F. 3
The issuance of official radar patents and official authorizations to navigate the radar.

2 The Swiss Army Engineering and Rescue Application Training is responsible for: 4

A.
Training and continuing training of military vessel operators;
B. 5
Provision of specialized staff required for training and review, as well as review experts, in accordance with the OCRNA;
C.
Specialized advice and control in the context of pre-military activities and military activities outside the service.

3 The Army Logistics Base (BLA) is responsible for:

A.
The operational readiness and operational safety of military vessels;
B.
Periodic inspection of military vessels in accordance with the OCRNA guidelines.

4 The armasuisse is responsible for:

A.
Acquisition of military vessels;
B.
The supervision of military bodies in technical matters.

5 The responsible troop commander shall ensure the application of this order and the civilian requirements in the context of military service activities.

5bis Responsible military training shall ensure the application of this order and the civilian requirements in the context of pre-military activities and military activities outside the service. 6

6 Military police ensure the safety of military navigation. In particular, it is responsible for:

A.
The enforcement of traffic police controls;
B.
Findings in boating accidents.

1 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).
2 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 (RO 2016 393).
3 Introduced by c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).
4 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).
5 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).
6 Introduced by ch. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Section 2 Military Boats

Art. 5 Receive by Type

Military vessels may be built or equipped in derogation from civilian requirements when required by military activity. In this case, the OCRNA will issue the type-approval, in agreement with the OFT.

Art. 6 Registration

1 The OCRNA registers military vessels and issues the military navigation permit and the military registration plate.

2 The following are exempt from the registration requirement:

A.
Bins;
B.
Elements of self-propelled bridges;
C.
Ringing devices on floating platforms;
D. 1
Boats powered by an engine that, below the surface, draw one or more people equipped with diving equipment (diving scooters).

1 Introduced by c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. 7 Permits

1 The NSRB may waive the registration of the engine number of motorized vessels in the navigation permit, provided logistical reasons so require.

1bis The traversal nacelles circulate without a navigation permit. The latter are kept at the logistics centre of the competent army. 1

2 The authorized load limit of military vessels shall be fixed in weight units or in number of persons. An equipped person is equivalent to a weight of 100 kg.


1 Introduced by ch. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. 8 Fires

1 Military vessels are equipped with steering lights, marking lights and flashing lights. At least one visible light fire from all sides must be installed. Fires shall not be fixed in a fixed manner.

2 L' al. 1 also applies to bins, self-propelled bridge elements and other similar floating objects.

Art. Usage

1 Military vessels cannot be used for private racing.

2 Civilians are not allowed to take a seat on military vessels. The exception is civilians who:

A.
Participate in a military exercise, a troop service activity, or a military event outside the service;
B.
Must be transported as a visitor during a military exercise, an open house, a flag or standard surrender, a promotion ceremony, or a military event outside the service;
C.
Attend military guided tours or must be transported as part of the troop commitments authorized in accordance with the order of 21 August 2013 concerning the support of civilian activities and activities outside the service with military means 1 ;
D.
Must be transported for other reasons inherent in the service or for military reasons;
E.
Are transported in an emergency or to help. 2

1 RS 513.74
2 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Section 3 Conduct of military vessels

Art. 10 Instruction

1 The military and the young pontmakers who are expected to entrust the conduct of military vessels are trained as motorboat drivers in schools and military courts, as well as during courses organised at The opportunity for preliminary activities.

2 Specialized education is provided to them by specialized staff. It may be given, in part, collectively.

Art. 11 Review

1 Aspirants of military vessels pass the examinations to military experts on examinations. 1

2 Reviews are conducted in accordance with the regulations applicable to civilian reviews. They may also cover specific technical aspects of military vessels.


1 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. 12 1 Permits

1 Any person who conducts military vessels during military service or during military activities outside the service shall be held in possession of a military driver's licence for vessel operators.

2 Members obtain a military driver's licence for boat drivers if they pass the examination and meet the physical, intellectual and military requirements to safely operate a vessel.

3 A military driver's licence for boat drivers is not necessary for military personnel and driving instructors who conduct military vessels during military service or during military activities outside the service With a civilian driver's licence for the corresponding licence category.

4 Persons to whom the civilian driver's licence for a vessel operator has been withdrawn are not permitted to operate vessels during military service or during military activities outside the service.

5 For members of the police, the cantonal driving licence of the corresponding category is sufficient to carry out their service activities. Upon completion of the additional training, the command of the Engineering and Rescue Training will issue the driver's authorization for a period of five years.


1 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. 13 Categories

1 A military driver's licence for vessel operators shall be issued for the following categories: 1

A.
Category I: Boats with outboard motor;
B.
Category II: Boats of a length not exceeding 15 m in which the engine is installed in a machinery space;
C.
Category III: Boats greater than 15 m in length, the engine of which is installed in a machinery space;
D.
Category IV: Engineering Bacs;
E.
Category V: Bateau of a particular type of construction;
F. 2
...

1bis The conduct of radar vessels involves obtaining an official radar patency. It is established as an additional Category VI permit. 3

2 The NCRO may divide the categories and expand or restrict the authority to operate a particular type of vessel.


1 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).
2 Repealed by c. I of the O of 13 Jan 2016, with effect from 15 Feb 2016 ( RO 2016 393 ).
3 Introduced by ch. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. 14 Conditions and restrictions, withdrawal of permit

1 The OCRNA sets the conditions and restrictions.

2 He withdraws the member's military driver's licence for boat drivers:

A.
Where a ground under s. 19 to 21 LNI justifies it;
B.
When the authorization to conduct a military driving has been withdrawn in accordance with s. 38 of the Order of 11 February 2004 on military traffic (CMO) 1 ;
C.
When it no longer meets the requirements for drivers of military vessels;
D.
In breach of military requirements relating to the consumption of alcohol or narcotics;
E.
When it no longer meets the requirements or conditions for the granting of a civil or military driver's licence for boatmasters;
F.
When it no longer meets the medical requirements. 2

3 The military driver's licence for boat drivers is withdrawn for all categories. The withdrawal of this permit may be the subject of a service complaint. 3


1 RS 510.710
2 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).
3 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. 15 Cantonal Permits

1 Upon request, the canton of domicile shall issue to the holder of a military driving licence for the drivers of vessels the corresponding cantonal permit, provided that all the conditions are fulfilled.

2 For pre-military activities and military activities outside the service, the holder of a Category A boat driver's licence may apply to the command of the Engineering and Rescue Training Issue a corresponding military driver's licence for boat drivers. Additional training can be ordered. 1


1 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. 16 1 Military experts in examinations

1 The issuance of the military expert permit to examinations is subject to the possession of the federal driver's licence for vessel operators.

2 OCRNA, in agreement with the OFT, lays down guidelines for training, continuing training and the examination of military experts.


1 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Section 4 Traffic measures

Art. 17 Derogations from civil requirements

1 In agreement with the competent authority and the OFT, the OCRNA may order derogations from civil prohibitions and restrictions for military purposes.

2 Permanent derogations relating to civil traffic bans and traffic restrictions shall be announced by means of the additional signal "authorised military navigation" in accordance with the Annex.

3 Where military requirements so require, the responsible troop commander may order, during the exercises, temporary derogations from the civil requirements relating to lighting, maximum speed and navigation in the areas Shoreline. It shall, in advance, request the agreement of the competent authorities.

Art. 18 Security measures

Where military exercises on water or in the riparian zone are likely to endanger persons who are foreign, the responsible troop commander shall inform the competent authority. It lays down the necessary security conditions and measures. In particular, it prohibits access to the danger zone and alerts foreign persons to exercises.

Art. 19 Signage

1 At night, the signals must be lit when civil navigation cannot be excluded.

2 The firing exercises from the boats are announced by red and white flags or balloons and, at night, by three red lights placed in a triangle.

Art. Requirements of civil authorities

The requirement of a traffic measure which falls within the competence of a civil authority shall be the subject of a request; the request shall be forwarded by the hierarchical means to the competent authority via the NCRNA.

Art. Use of the RFSP

The DDPS is competent to make use of cantonal decisions relating to traffic measures affecting military interests, provided that the action is admissible.

Section 5 Pre-service and non-service military activities

Art.

1 The army can support the recognized pioneer, navigation and shipwreck societies by lending them military equipment to the extent that they are used for pre-military activities or for military activities outside the service.

2 The delivery of the equipment is governed by the EMC. Military vessels maintain military registration.

3 Users shall be liable for damage in accordance with the EMC and shall conclude civil liability insurance for the use of military equipment outside the service.

4 The guidelines for civil navigation are applicable.

5 For competitions and demonstrations which have the character of a nautical event, authorisation by the competent civil authority must be required.

Section 6 Rental and requisition of civilian vessels

Art. Rental of civilian boats by the army

1 The BLA leases civilian vessels.

2 The leased civilian vessels retain the cantonal registration; they have a military distinctive sign.

3 The provisions of the rental agreement shall apply in respect of liability, use and compensation.

Art. 24 Seating of civilian boats by the army

1 The civilian vessels requisitioned retain the cantonal registration; they have a military distinctive sign.

2 The receipt, commitment and compensation shall be governed by the requisition decision.

3 The army's chief of staff shall issue the authorization to requisition. The BLA makes the decision to requisition.

Section 7 Accidents and damages

Art. 25

1 The responsible troop commander is responsible for the announcement of ship accidents and damage.

2 The DDPS Damages Centre is responsible for the settlement of claims and the decision of the first instance concerning recourse and participation in damages. Moreover, art. 80, 81, 83, 85 and 87 CMO 1 Are applicable by analogy. 2


1 RS 510.710
2 New content according to the c. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Section 8 Criminal provisions and final provisions

Art. 26 Criminal Provisions

The criminal provisions of the LNI or the military criminal law are applicable. In cases of minor gravity, the sanction is imposed in accordance with the provisions concerning disciplinary misconduct under military criminal law.

Art. 27 Repeal of the law in force

The Order of 29 November 1995 concerning military navigation 1 Is repealed.


1 [RO 1996 233]

Art. 28 Transitional provisions

1 Military inflatable boats purchased before 1 Er January 2001 must not be registered.

2 Military vessels with outboard motor, ferries, self-propelled bridge elements and other similar floating objects purchased prior to 1 Er January 2004 shall not be equipped with visual signals in accordance with the order of 8 November 1978 on inland navigation 1 Security and visibility are guaranteed by the military emergency fire.


Art. 28 A 1 Transitional provisions relating to the amendment of 13 January 2016

1 Upon request, the NCRNA will issue an official radar patency to ship operators who have successfully completed training in the use of vessel radars at 1 Er January 1995 or later.

2 The non-owner of the official radar patent or an official authorization to navigate the radar can direct the army's ships to the radar until December 31, 2018.


1 Introduced by ch. I of the O of 13 Jan 2016, in force since 15 Feb 2016 ( RO 2016 393 ).

Art. Entry into force

This order shall enter into force on 1 Er April 2006.

Annex

(art. 17)

1 The additional signal "Authorized Military Navigation" is exclusively for the use of military vessel operators. It has priority over civilian signals.

2 The background of the signal is yellow, the edge and the symbol are black.

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Status on February 15, 2016