¹ In technical terms, aircraft are classified by category according to the annex. ¹

² Aircraft assigned to the service of the military, customs or police of the Confederation and the cantons, or which the Federal Council expressly designated as such, shall be considered as State aircraft. ²

¹ Aircraft without occupants weighing more than 30 kg can only be used with the approval of the Federal Office of Civil Aviation (OFAC). ¹

² In order to reduce the nuisance and the danger to which persons and goods are exposed on the ground, the cantons are entitled to take measures concerning aircraft without occupants whose weight is less than 30 kg.

³ The Federal Department of the Environment, Transport, Energy and Communication (DETEC) lays down the detailed requirements. ²

¹ The operation of motorised aircraft with occupants which, by reason of their low weight, are excluded from the scope of Regulation (EC) No ^O 216/2008 ² (art. 4, para. 4 and annex II, let. E and f of the said Regulation), is prohibited.

² Not subject to this prohibition:

A.

Electric aircraft;

B.

Aerodynamic-powered aircraft with combustion engines;

C.

Combustion engine autogires.

³ The OFAC can also issue exceptional authorisations for research and development projects.

¹ The OFAC registered in the register of aircraft, helicopters and other rotary wing aircraft, motoplaners, gliders, free balloons with occupants and airships, when they:

A.

Fulfil the requirements, in particular with regard to property (Art. 4 and 5);

B.

Are intended to circulate with Swiss nationality and registration marks.

² The OFAC may authorise the registration in the service register of an aircraft which does not meet the property requirements if it is to be used for a long period of time by a Swiss airline company Business. ²

³ Swiss State aircraft may be registered in the register.

⁴ Registration may be refused when the aircraft clearly does not meet the applicable airworthiness requirements in Switzerland or the provisions on environmental protection.

⁵ ... ³

An aircraft meets the prescribed conditions (s. 52, para. 2, let. C, LNA ² ) If it is the exclusive property:

A.

Swiss citizens;

B.

Foreign nationals assimilated to Swiss citizens under international agreements ³ , if they have their residence in Switzerland and have the authorization to stay there for a period of time;

C.

Foreigners who have their residence in Switzerland and have the authorization to stay there for a certain period of time, and who use the aircraft primarily from Switzerland;

D.

Commercial companies or cooperative companies that have their registered office in Switzerland and are registered in the register of trade;

E.

Communities or institutions of Swiss public law;

F.

Associations established under Swiss law, provided that two-thirds of their members and their committee, as well as their president, are Swiss citizens or foreigners who are treated as Swiss citizens under agreements And have their home in Switzerland.

For the purposes of this order, the right to dispose based on fiduciary relationships is not considered to be property.

¹ The registration of an aircraft must be requested by the owner.

² On request must be attached:

A.

Acts accredited to the property of the applicant;

B.

For commercial corporations and cooperative corporations, evidence that they meet the requirements of s. 4, let. D;

C.

For associations, evidence that they meet the requirements of s. 4, let. F;

D.

If the owner is a foreigner within the meaning of s. 4, let. B, evidence that it meets the conditions of this provision;

E.

If the owner is a foreigner within the meaning of s. 4, let. C, proof that it meets the conditions of this provision and a written statement that the aircraft will be used primarily from Switzerland;

F.

For an imported aircraft:

1.

Proof that he is not registered in the State in which he was constructed or in the State in which a predecessor of the applicant had his domicile;

2.

Proof that it is not entered in the register of aircraft or in a corresponding register of the last State of registration; this evidence may be replaced by the written declaration of the person entitled in the foreign register of the Aircraft, by which it consents to the registration of the aircraft in the Swiss register;

G.

For an imported aircraft that has already been used, evidence that it has been maintained by regulation.

¹ The registration must contain at least the following particulars:

A.

Date of registration;

B.

Registration mark;

C.

Manufacturer;

D.

Type of aircraft;

E.

Manufacturing number;

F.

Name and address of the owner.

² The name and address of the operator of the aircraft may be registered next to the owner's name when the operator meets the requirements for registration, with the exception of the property.

¹ The OFAC shall issue a certificate of registration to the owner of the aircraft.

² ... ¹

The registered owner and, if registered, the operator of the aircraft must notify the OFAC in writing, within ten days, of any changes to the conditions set out in s. 4 to 7. The certificate of registration and the certificate of airworthiness will be attached to this declaration. ¹

¹ Aircraft registration is cancelled:

A.

At the request of the owner;

B. ¹

Ex officio when

-

A condition placed on registration is no longer fulfilled;

- ²

Proof of placement under customs procedure or temporary duty exemption is not produced;

-

The operator shall not pay a fee provided for in the order of 25 September 1989 on fees collected by the Federal Office for Civil Aviation ³ And set by a decision made in force;

-

The aircraft is destroyed.

² If the aircraft has been entered in the aircraft register, the registration may not be cancelled before the cancellation in that register. The flight papers of an aircraft that is to be registered ex officio are, however, already withdrawn prior to the cancellation.

³ Upon request, the OFAC shall issue a certificate of cancellation.

The OFAC enacts provisions on the nationality and registration of Swiss aircraft.

The provisions relating to airworthiness and admission procedure (ch. 15) shall apply unless the binding version for Switzerland of one of the following EC Regulations is applicable in accordance with c. 3 of the Annex to the Agreement between the Swiss Confederation and the European Community on Air Transport concluded on 21 June 1999 ² :

A.

Regulation (EC) n ^O 1592/2002;

B.

Regulation (EC) n ^O 2042/2003;

C.

Regulation (EC) n ^O 1702/2003.

¹ When an aircraft and its equipment are damaged during a review, the Confederation responds in accordance with the provisions of the Act of 14 March 1958 on liability ¹ .

² With the approval of the OFAC, the applicant may, at his or her risk, carry out the examination flights by a qualified pilot of his choice.

³ On each test flight, the liability to third parties on the ground must be covered.

¹ The OFAC certifies the airworthiness of aircraft registered in the airworthiness certificate, the restricted certificate of airworthiness or the flight authorization.

² For motor aircraft, the noise level shall be certified in the certificate of noise and the emission of noxious substances in the certificate of emission of noxious substances.

¹ Certificates of airworthiness, restricted airworthiness certificates and foreign flight authorizations may be recognized by the OFAC if they have been established: ³

A.

According to the provisions in force in Switzerland;

B.

According to international standards which are also mandatory for Switzerland, or

C.

According to foreign or international standards which meet at least the minimum requirements imposed in Switzerland and which are recognised by the OFAC.

² Foreign noise certificates and foreign certificates of harmful substances may be recognized by the OFAC if they have been established:

A.

According to standards that meet at least the minimum requirements imposed in Switzerland; or

B.

According to international standards which are also mandatory for Switzerland. ⁴

³ The supplementary examination shall be reserved for the purpose of checking whether the aircraft is seaworthy and whether it meets the requirements for limiting noise and the emission of harmful substances. ⁵

¹ A registered aircraft is admitted to traffic:

A.

If it is seaworthy;

B. ²

Meets the requirements for noise limitation and other emissions;

C. ³

Whether third-party civil liability claims on the ground and passengers are covered by the prescribed measure;

D. ⁴

If, for an imported aircraft, the evidence is provided that it has been placed under customs duty or temporarily benefits from the customs duty exemption.

² ... ⁵

³ Admission to traffic shall be attested by the granting of the airworthiness certificate, the restricted certificate of airworthiness or the flight authorisation. In such certificates or in their annexes, the OFAC may set conditions and operating restrictions. ⁶

⁴ In special cases, in particular during the admission procedure, the OFAC shall establish a provisional flight authorisation. Third-party civil liability claims on the ground and passengers must be covered in all cases. ⁷

⁵ ... ⁸

¹ Certificates of airworthiness, restricted airworthiness certificates and flight authorizations are in principle valid for an indefinite period. The OFAC may exceptionally limit their validity.

² In special cases, in particular during the admission procedure or for technical flights, the OFAC shall establish time-limited flight authorisations.

¹ The certificate of airworthiness, the restricted certificate of airworthiness and the flight authorization are withdrawn: ²

A. ³

If the aircraft is no longer seaworthy and the defect has not been repaired within a period specified by the OFAC;

B. ⁴

If the aircraft no longer meets the requirements for noise limitation and other emissions, and the defect has not been eliminated within a period specified by the OFAC;

C.

Whether the liability to third parties on the ground is not sufficiently covered;

D.

If, upon expiry of the customs clearance, customs clearance is not proven.

² The certificate of airworthiness may also be withdrawn:

A.

If the compulsory periodic inspection of airworthiness has not been carried out within the prescribed period; or

B.

If ownership reports are not clearly established. ⁵

³ The withdrawal is reserved according to Art. 92 of the Air Navigation Act ⁶ .

Within the limits set out in Art. 108 and 109 of the Aviation Act, the DETEC ² May lay down special rules and take other measures concerning aircraft of special categories or in the case of technical innovations. In doing so, it also takes into account the protection of nature, the landscape and the environment.

¹ The DETEC sets out the categories of aviation personnel who require a licence from the OFAC to carry on business.

² The OFAC may delegate the organisation of examinations and the establishment of licences to associations to exercise them. ¹

¹ The DETEC sets out the licensing requirements for aeronautical personnel, which include:

A.

The nature, scope and duration of the licences;

B.

The conditions for granting, refusing, renewing and withdrawing licences;

C.

The rules of procedure that should be observed in this respect;

D.

The rights and obligations of the incumbents;

E.

The conditions under which aviation personnel trained in military aviation can obtain civil licences;

F.

The recognition of foreign licences, examinations of fitness and medical examinations.

² The DETEC may issue aviation personnel requirements that do not require a licence to carry on business.

³ The DETEC, in agreement with the Federal Department of Defence, the protection of the population and sports, regulates the aeronautical medical service. The organization and expertise of the Institute of Aeronautical Medicine are regulated by an ordinance of the Federal Department of Defence, Population and Sports Protection, prepared in agreement with the DETEC. ¹

Training for aeronautical personnel in need of a formal licence is only permitted in a school, subject to the exceptions that the DETEC sets for certain categories. The operation of such a school requires an authorization from the OFAC.

¹ Authorisation to train aeronautical personnel shall be granted where the applicant proves that an operating organisation with qualified teachers, technical staff, installations, documentation and premises guarantees a Appropriate instruction.

² For the training of aircrew, the applicant must also prove that he has appropriate and maintained aircraft and that he has the right to use an appropriate aerodrome. ¹

^2bis In the case of the use of aircraft which are not registered in the Swiss service register, the OFAC shall issue the authorisation only with the agreement of the Directorate General of Customs and State of Registration. It shall require the declarations relating thereto. ²

³ The OFAC may provide guidance on the special requirements that certain types of training must meet.

⁴ The school's organization, training programs and operating regulations are subject to the approval of the OFAC.

⁵ Authorization is granted for a specified period of time and may be renewed upon request. It is not transferable.

¹ The OFAC oversees the operation of schools educating aviation personnel.

² School management is required to report annually to the OFAC on the teaching process. Extraordinary events must be announced immediately.

³ A special federal commission oversees the training, supported by the Confederation, of candidates likely to become military pilots, professional pilots or paratroopers. In carrying out its monitoring duties, the Commission shall be assisted by OFAC inspectors, air forces and, in the field of training military pilots and professional pilots, by external inspectors Designated by the OFAC. ¹

⁴ The OFAC oversees the other sectors of aviation training and development supported by the Confederation. ²

¹ The OFAC may temporarily or for an indefinite period revoke the authority to instruct aircraft personnel when the conditions required for the safe and regulatory operation of the school are no longer met or the direction of The school is in breach of the requirements or duties arising from the authorization.

² The OFAC may also order that teachers or technical staff of the school be suspended temporarily or for an indefinite period when these persons are in violation of the requirements, are in violation of their duties or are shown to be Incompetent, in particular by sending to examinations of pupils who are insufficiently prepared.

The DETEC lays down the traffic rules in force in Swiss airspace.

¹ The DETEC lays down operating rules in order to carry out or supplement international law.

² These operating rules apply in Switzerland and abroad to Swiss air transport operators and undertakings.

³ It may be possible to derogate from the rules of exploitation abroad if they clash with mandatory provisions of foreign law.

¹ The reporting system referred to in s. 77 to 77 E The goal is to improve aviation safety. It is based on Regulation (EU) n ^O 376/2014 ² .

² The other obligations to declare under federal law are reserved.

³ Regulation (EU) n ^O 376/2014 is also applicable to aircraft referred to in Annex II to Regulation (EC) No ^O 216/2008 ³ .

⁴ The events referred to in the Implementing Regulation (EU) 2015/1018 ⁴ Must be declared.

¹ OFAC is an internal reporting centre, which collects and evaluates the reporting of mandatory events and the voluntary reporting provided to it.

² Organizally, the processing centre is independent of the OFAC units responsible for monitoring activities.

³ It processes the reports of events in confidence.

⁴ The employees of the processing centre who are responsible for receiving and evaluating the reports of events are unbound, during the course of these activities, from their reporting and prosecution obligations.

The DETEC is the organization referred to in s. 16, para. 12, of the Regulation (EU) n ^O 376/2014 ² .

Aerial views and their dissemination shall be permitted subject to the legislation on the protection of military works.

It is prohibited to throw objects from an aircraft in flight, subject to the exceptions set out in the DETEC.

¹ Advertising by means of inscriptions and images on aircraft is permitted subject to the provisions of the federal legislation. ¹

² The marks of nationality and registration must in all cases remain easily recognisable.

³ ... ²

Any other form of advertising by means of aircraft, including the jet of flying sheets, celestial writing, use of loudspeakers, towing of banners, is prohibited.

Acrobatics demonstrations on aircraft require the approval of the OFAC. The authorization prescribes the required conditions.

Public aviation events are aviation events to which the public is invited, including demonstrations and competitions, as well as passenger flights outside aerodromes.

¹ Public aviation events require, subject to para. 2, an authorization from OFAC. Before authorizing major events, the Federal Office of the Environment should be heard ¹ .

² Do not require authorization:

A.

Public aviation events on aerodromes, if they are reduced to passenger flights and competitions between the members of an organisation established at that aerodrome, including invited guests;

B. ²

Public aviation events outside the aerodromes, if two or more free balloons participate;

C.

Public aviation events outside the aerodromes, if two or more helicopters participate, subject to the approval of the municipal authorities;

D. ³

...

¹ The request to authorize a public aviation event must be addressed to the OFAC no later than three weeks before the event.

² It must indicate:

A.

Location and date;

B.

The organizer;

C.

The responsible leader;

D.

The planned organization and aircraft;

E.

The program;

F.

A summary of the arrangements for the event, particularly with regard to spectator safety, traffic on the ground and in the air, and the health service.

³ In the case of events on aerodromes, a declaration of consent from the aerodrome operator must be attached to the application; if these are events on another site, a consent declaration must be filed. Its owners and a declaration by the competent cantonal authority that it does not object to the event.

⁴ In the case of a public aviation event outside an aerodrome, it is necessary to attach to the application:

A.

A map fragment at 1:25 000, where the intended field will be specifically indicated;

B.

A sketch of the terrain at 1:5000, which also revealed the obstacles to air navigation in the vicinity of this terrain.

The OFAC reviews the documentation and expertise in particular on the expected terrain.

¹ The OFAC shall grant the authorisation where the organiser has proved the existence of the additional cover of his liability to third parties on the ground, in accordance with the provisions of Art. 133, and determined that the other conditions are met.

^1bis The OFAC does not allow demonstrations in which motor aircraft carry out campaign landings at more than 1100 m altitude and outside the mountain landing places only if these events are intended to Commemorate an important anniversary for the mountain flight. ¹

^1ter It shall not authorise demonstrations in which motor aircraft carry out campaign landings on public bodies of water only if the competent cantonal authority has verified and confirmed the good compliance with the legislation on the Protection of water, fisheries, the environment and nature, and raises no objection due to other public interests. ²

² It lays down the conditions and obligations required for safety and noise reasons.

¹ In addition to the direction of the flight activity, the head responsible for the event has the following obligations:

A.

Reviewing the licences of the aircrew and the certificates of the aircraft used;

B.

Providing information to the personnel responsible for resolving the flight service in respect of this service and the security measures taken;

C.

Examine whether the aircraft used are mentioned in the authorization to organize the event;

D.

Ensure that the approved program is observed.

² On aerodromes, these rights and obligations are the responsibility of the aerodrome chief. The latter may entrust them, under his supervision, to the leader of the event.

The OFAC may have an expert monitor the event; its tasks shall be fixed in each particular case.

¹ The flights are said to be commercial:

A.

Where they give rise to remuneration in any form, which must cover more than the costs for the rental of the aircraft and the fuel and for airport and air navigation charges; and

B.

When an indeterminate circle of people can access it.

² Thefts by an undertaking holding an operating licence are presumed to be commercial. The assessment of the facts from the point of view of tax or customs legislation is reserved .

³ In the case of non-commercial flights giving rise to remuneration, passengers must be informed in advance of the private nature of the flight and the consequences arising from the insurance coverage.

The OFAC may withdraw the authorization:

A.

Whether the conditions governing the grant are no longer fulfilled;

B.

If requirements are violated in a serious or repeated manner; or

C. If obligations are not met.

¹ Line traffic refers to flights engaged in commercial transportation of persons or goods:

A.

When carried out for a minimum period according to frequency and regularity as part of an obvious systematic series; and

B.

For the carriage of persons, seats sold individually are made available to the public.

² The DETEC sets out performance requirements; it takes into account the evolution of international air traffic.

¹ The dealership is required to establish schedules and tariffs and submit them to the OFAC. It must make them accessible to the public in an appropriate manner. It is also required to ensure that the schedules and rates so made public are respected. The type and scope of the obligations to operate and transport are settled in the concession.

² The OFAC may, in the event of an emergency or modification of the situation, exempt the undertaking, on its duly substantiated request, from all its obligations or certain of its obligations, or grant it other facilities.

¹ The OFAC may at any time withdraw the grant without compensation if the concessionaire infringes its obligations in a serious or repeated manner (Art. 93).

² It may also withdraw the grant if the conditions for granting the grant are no longer fulfilled.

¹ Any operator of a Swiss aerodrome open to international commercial air traffic shall define in a security programme the measures it intends to take, depending on the seriousness of the threat, in order to prevent any action against aviation security Civil.

² The security program is subject to the approval of the OFAC.

³ Security measures include:

A.

Screening of passengers, unchecked baggage, checked baggage, cargo, mail-outs, and aircraft focused on security aspects;

B.

Other measures to ensure that no prohibited item that could be used to carry out unlawful acts against civil aviation security cannot be carried on board aircraft.

⁴ In agreement with the Federal Department of Justice and Police, the DETEC orders the security measures. It previously consulted the competent cantonal police, the airport operator and the air transport undertakings concerned.

¹ An air transport undertaking whose aircraft are assigned to international commercial traffic shall be required to ensure the safe operation of its aircraft, in accordance with the requirements laid down by the DETEC. The measures it takes must be described in a security program.

² The security program is subject to the approval of the OFAC.

¹ In so far as no specific provision is provided for in this section on security measures and in the performance requirements, the following shall apply:

A.

The directly applicable provisions of Annex 17 to the Convention of 7 December 1944 on international civil aviation ¹ That bind Switzerland; and

B.

The provisions of the European Community law applicable to Switzerland.

² For the rest, the current level of technology, as reflected in the recommendations relating to Annex 17 to the Convention on International Civil Aviation of 7 December 1944, is decisive.

^2bis Security guards shall take the necessary measures when the safety of passengers, crew or aircraft is threatened. They can use coercion and police measures according to the law of 20 March 2008 on the use of coercion ² And its implementing provisions. ³

³ The OFAC shall lay down the necessary requirements, in particular the national civil aviation security programme ⁴ .

¹ The DETEC, in agreement with the Federal Department of Justice and Police, issues requirements to clarify:

A.

The form of security measures;

B.

The terms of the competition for the services concerned;

C.

The allocation of costs between the OFAC, aerodrome operators and air carriers.

² In particular cases, the OFAC may, depending on the seriousness of the threat and in agreement with the Federal Police Office, order further measures and fix the distribution of costs; it shall consult the competent airport police beforehand and Operator of the aerodrome concerned.

³ The special powers conferred in special cases by the commander of a cantonal police are reserved (art. 100 ^Bis ).

¹ Security guards are assigned to Swiss aircraft used in international commercial air traffic in order to prevent unlawful acts of such a nature as to endanger security on board.

² Security guards may also be posted to the ground on foreign aerodromes.

³ Are employed as security guards:

A.

Members of the cantonal or municipal police forces;

B.

Members of Military Security;

C.

Border guards;

D.

Other persons trained by the Federal Police Office.

⁴ The OFAC exercises high surveillance over the assignment of security guards; it records the costs incurred by the security guards in its budget.

¹ In particular, security guards assume the following tasks and skills:

A.

On board, they shall monitor the behaviour of passengers and prevent any unlawful act which may endanger the safety of the aircraft;

B.

On the ground, they search passengers and carry-on baggage and monitor checked baggage and baggage identification to prevent the introduction of prohibited items that may be used to compromise civil aviation security;

C.

They take the necessary measures when the safety of passengers or aircraft is threatened. They can then use coercion and police measures. On foreign aerodromes, the applicable national law remains reserved.

² The Federal Office of Police in collaboration with the OFAC drafts guidelines specifying the duties of the security guards.

¹ Only one person who has completed a specific training program and who successfully completed the final exam can be employed as a security guard.

² The Federal Police Office:

A.

Defines the requirements to be met by security guards;

B.

Identifies the training program;

C.

Ensures that security guards are perfected;

D.

Organizes adequate training and development courses.

³ It can call on third parties, including air transport companies and police and army institutions, to organize the courses and to provide and maintain the course infrastructure.

¹ The Federal Police Office is responsible for the assignment of security guards and related administrative tasks.

² It sets the doctrine and tactics of intervention.

³ It establishes an agreement with the OFAC for the location, date and type of assignment on the basis of risk analysis and hazard assessment.

⁴ It shall inform the air transport undertakings concerned and order them in time to reserve the necessary seats.

¹ The Federal Police Office, in cooperation with air transport companies, provides the necessary equipment for the security guards.

² Equipment includes uniforms, weapons and auxiliary means.

¹ During training and assignments, security guards shall remain subject to the service requirements and the disciplinary requirements of their employer.

² In carrying out their duties, they are subordinate to the Federal Police Office.

³ On board the aircraft, they shall be subject to the authority of the aircraft commander.

The Federal Police Office is responsible for risk analysis and hazard assessment related to the assignment of security guards.

¹ The Federal Police Office shall, after consultation with the OFAC, ensure the maintenance and preservation of the weapons of the security guards.

² He or she may appeal to the airport police or other bodies designated by him, in particular for the preservation of the weapons of foreign security guards who are making a stopover in Switzerland.

¹ Airline companies may be called upon to participate:

A.

Training and development of security guards;

B.

The assignment and the administrative tasks arising therefrom;

C.

Risk analysis and hazard assessment.

² As such, they may be responsible for:

A.

Provide courses on specific topics for aviation in the context of training and development;

B.

To reserve, as directed by the Federal Police Office, seats for security guards;

C.

Provide the necessary aeronautical documents to the latter;

D.

Making specific equipment available for use in air transport;

E.

Provide the Federal Police Office with important safety information for risk analysis and hazard assessment.

³ The OFAC shall fix the obligations of air transport undertakings in connection with the security guards in the authorisation to operate.

¹ The OFAC reimburses for the posting of security guards:

A.

To the Federal Police Office and to the air transport undertakings the costs of the services provided in respect of:

1.

Training and development of security guards,

2.

The assignment of security guards and related administrative tasks,

3.

Risk analysis and hazard assessment;

B.

To the Federal Police Office and to third parties to whom the latter relies on the costs of providing and maintaining the infrastructure for the training and development of security guards;

C.

The salaries and salary costs of security guards during training and development, as well as during assignments;

D.

Security guards the costs of training and development and those related to their assignment;

E.

To the Federal Police Office and to air carriers the costs of the equipment of the security guards;

F.

To the Federal Office of the Police and to the police of the airport charges relating to the management of firearms by security guards.

² The Federal Office of the Police controls the costs of services provided by third parties and forwards them to the OFAC. The latter rule directly rules the invoices.

³ The Federal Office of the Police prepares all year for the OFAC certain statistical data such as personnel and equipment costs, the number of flights accompanied by security guards, duty stations and/or Work on board.

The responsibility of the Confederation for the damage that a security guard would unlawfully cause to a third party in the exercise of its activity shall be governed by the provisions of the Act of 14 March 1958 on liability ¹ .

¹ The minimum coverage under the civil liability of the operator of an aircraft to passengers is 250,000 Special Drawing Rights per passenger. In the non-commercial operation of an aircraft whose take-off weight is less than or equal to 2700 kg, the minimum coverage may be less than that sum, but it must be at least 113,100 special drawing rights by Passenger. ²

² In the event of a non-commercial operation of an aircraft without a passenger, the coverage under civil liability for passengers may be waived.

³ Art. 123, 124, para. 1, 126, para. 1 and 4, 128, let. A and c, 129, 131 and 132 shall apply mutatis mutandis to civil liability towards passengers.

¹ Transport against remuneration by aircraft as well as free transport by an air transport undertaking holding an authorisation to operate shall be governed by the special provisions on liability In the Air Transport Order of August 17, 2005 ¹ And by the conditions set out in Art. 106 and 108. ²

² Other transport by aircraft is governed by the provisions of Swiss law on obligations ³ On liability.