Rs 748.01 Order Of 14 November 1973 On Aviation (Fsvo)

Original Language Title: RS 748.01 Ordonnance du 14 novembre 1973 sur l’aviation (OSAv)

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748.01 order on aviation (Fsvo) of November 14, 1973 (status 1 April 2016) the Swiss federal Council, given the Federal law of December 21, 1948 on aviation (aviation, THE Act), stop: 1 aircraft 11...

Art. 1-12 classification art. 2. under the technical aspect, aircraft are categorized according to schedule.
Are regarded as State aircraft aircraft assigned to the service of the army, the customs or the police of the Confederation and the cantons, or as the federal Council has expressly designated as such.

Introduced by section I of O from 23 nov. 1994, in force since Jan. 1. 1995 (1994 3028 RO).
Formerly al. 1 12aaeronefs without occupants art. 2A aircraft without occupants whose weight is greater than 30 kg can be used only with the approval of the federal Office of civil aviation (FOCA).
To reduce the nuisance and the danger that people and property are exposed to the ground, the cantons are entitled to take measures concerning aircraft without occupants whose weight is less than 30 kg.
The federal Department of the environment, transport, energy and communications (DETEC) enacts the requirements of retail.

New content according to chapter I of the O from 4 July. 2007, in force since August 1, 2007 (RO 2007 3645).
New content according to chapter I of the O from 4 July. 2007, in force since August 1, 2007 (RO 2007 3645).

12bInterdiction of certain aircraft with occupants art. 2B operating aircraft powered with occupants who, due to their low weight, are excluded from the scope of the Regulation (EC) 216/2008 n (art. 4, para. 4 and annex II, let. e and f of the regulation), is prohibited.
Are not subject to this prohibition: a. electric aircraft; b. aircraft aerodynamic controls to combustion engine; c. gyroplanes to combustion engine.

FOCA may also issue special permissions for projects of research and development.

New content according to section I of the Sept. 12 O. 2014, in effect since Oct. 1. 2014 (2014 3009 RO).
Regulation (EC) n 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing directive 91/670/EEC of the Council, the Regulation (EC) n 1592/2002 and directive 2004/36/EC, in the version that binds the Switzerland under point 3 of the annex to the agreement of 21 June 1999 between the Swiss Confederation and the European Community on air transport (RS 0.748.127.192.68).

Registry number Article 13 3Registration the OFAC registered number planes, helicopters and other aircraft rotorcraft, gliders, gliders, airships and free balloons with passengers, when they: a. are eligible, including with respect to the property (arts. 4 and 5); (b) are intended to circulate with Swiss registration and nationality marks.

FOCA may authorize the registration number of an aircraft that does not meet the requirements of property if it will be used for a long period by a Swiss company of commercial air transport.
Swiss State aircraft may be entered in the register number.
Registration may be refused when the aircraft does not respond clearly to the airworthiness requirements applicable in Switzerland or the provisions on the protection of the environment.


New content according to section I of O of March 14, 1994, in force since April 1. 1994 (1994 735 RO).
New content according to chapter I of O on May 29, 1996, in force since July 1. 1996 (RO 1996 1536).
Repealed by no I of O from 23 nov. 1994, with effect from Jan 1. 1995 (1994 3028 RO).

Art. 4Conditions ownership an aircraft meets the prescribed conditions (art. 52, para. 2, let. c, LNA) is the exclusive property: a. Swiss citizens; b. foreigners assimilated to Swiss citizens under international agreements, if they have their domicile in Switzerland and are allowed to stay there for some time; (c) foreigners who have their domicile in Switzerland and have the permission to stay there for a while , and who use the aircraft mainly to starting in the Switzerland; d. commercial companies or cooperative societies which have their headquarters in Switzerland and who are registered in the register of commerce; e. communities or institutions under Swiss public law; f. associations incorporated under Swiss law, for as much as two-thirds of their members and their Committee, and their president are Swiss citizens or foreigners who are assimilated to Swiss citizens under international agreements and have their domicile in Switzerland.

New content according to section I of O of March 14, 1994, in force since April 1. 1994 (1994 735 RO).
Currently: THE.
A list of these agreements can be consulted from the federal Office of civil aviation.

Art. Fiduciary 5Rapports in the sense of this order, the right of self-determination based on a fiduciary relationship is not considered to be property.

New content according to section I of O of March 14, 1994, in force since April 1. 1994 (1994 735 RO).

Art. 6Demande of registration registration of an aircraft must be requested by the owner.
The request must be attached: a. documents accrediting the ownership of the applicant; b. for commercial companies and cooperatives, proof that they meet the conditions of art. 4, let. d; c. for associations, the proof that they meet the conditions of art. 4, let. f; d. If the owner is a foreigner in the sense of art. 4, let. b, prove that he meets the conditions of this provision; e. If the owner is a foreigner in the sense of art. 4, let. c, prove that he meets the conditions of that provision and a written statement that the aircraft will be mainly used to starting in the Switzerland; f. for an aircraft imported: 1. the evidence that he is registered or in the State where it was built or in the State where a predecessor of the applicant had his home; 2. the evidence that he is not registered in the registry of the aircraft or in a corresponding register of the last State of registration; This evidence can be replaced by the written statement of the right part of the foreign aircraft register, whereby he agrees to the registration of the aircraft in the Swiss registry;

g. for any aircraft that has already been used, the evidence that it has been maintained regulatory.

New content according to section I of O of March 14, 1994, in force since April 1. 1994 (1994 735 RO).

Art. 7 repealed by no I of O of March 14, 1994, with effect from Apr 1. 1994 (1994 735 RO).

Art. 8 content registration registration must contain at least the following: a. date of the registration; b. registration mark; c. constructor; d. type of aircraft; e. serial number; (f) name and address of the owner.

The name and address of the operator of an aircraft may be registered beside those of the owner when the operator fulfils the conditions required for registration, with the exception of the property.

Art. 9 certificate of registration the FOCA delivers a certificate of registration to the owner of the aircraft.


Repealed by no I of O of Jan. 27. 1988, with effect from April 1. 1988 (1988 534 RO).

Art. 10 changes the registered owner and, if it is registered, the aircraft operator must announce in writing to OFAC, within 10 days, any change to the conditions set out in art. 4 to 7. The registration certificate and the certificate of airworthiness will be attached to this statement.

New content of the sentence according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).

Art. 11 radiation registration of an aircraft is cancelled: a. at the request of the owner; b. Office when - a registration condition is no longer fulfilled; - the evidence of the placement under customs or the temporary duty-free; - the operator does not pay a tax provided for by the Ordinance of 25 September 1989 on the taxes collected by the federal Office of civil aviation and fixed by a decision which has become; - the aircraft was destroyed.

If the aircraft has been registered in the register of aircraft, registration may be removed prior to radiation in this register. However, the papers of an aircraft which must be exmatricule of office have already withdrawn before the write-off.
On request, the FOCA delivers a certificate of radiation.

New content according to section I of the October 24 O. 1990, in force since Dec. 1. 1990 (1990 1719 RO).
New content according to chapter 36 of Schedule 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).
[RO 1989 2216, 1993 2749 1995 5219, 1997 2779 ch. II-53, 2003-1195, 2005 2695 ch. II 5. RO 2007 5101 art. [52]. see currently O Sept. 28. 2007 on the salaries of the federal Office of civil aviation (RS 748.112.11).

14 marks of nationality and of registration art. 12. the OFAC issues regulations on nationality and registration of aircraft Swiss brands.

15 airworthiness and admission to the movement art. 13Prise into account of international law


Airworthiness and the admission procedure (c.15) provisions apply unless the binding version for the Switzerland of one of THE following regulations is applicable in accordance with point 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) 1592/2002 n; b. Regulation (EC) 2042/2003 n; c. Regulation (EC) 1702/2003 n.

New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
RS 0.748.127.192.68. The binding version for the Switzerland is referred to in the annex to this agreement and can be consulted or obtained from OFAC. Address: Federal Office of civil aviation, 3003 Bern (www.bazl.admin.ch).

Art. 14 repealed by section I of O on June 18, 2008, with effect from August 1, 2008 (RO 2008 3607).

Art. 15 liability the exams when an aircraft and its equipment suffer damage during an examination, the Confederation answers according to the provisions of the law of 14 March 1958 on the responsibility.
With the approval of the FOCA, the applicant may at its own risk to proceed with flights of review by a driver called his choice.
During each flight review, liability to third parties on the ground must be covered.

RS 170.32 art. 16Certificat of airworthiness, restricted certificate of airworthiness, flight release, noise certificate and certificate of emission of substances harmful the OFAC certify the airworthiness of aircraft registered in the certificate of airworthiness, restricted certificate of airworthiness or permit to fly.
For aircraft engine, the noise level is attested in the noise certificate, and the emission of harmful substances in the certificate of emission of harmful substances.

New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).

Art. 17Certificats of airworthiness, certificates of airworthiness, restricted, flight clearances, certificates and noise emission of harmful substances abroad issued certificates of airworthiness, restricted certificates of airworthiness and flight permits foreign can be recognized by the FOCA if they have been established: a. According to the provisions in force in Switzerland; b. According to international standards that are mandatory for the Switzerland ouc. According to foreign or international standards at least to the minimum requirements imposed in Switzerland and are recognized by the FOCA.

Foreign certificates of noise and emissions of harmful substances foreign certificates can be recognized by the FOCA if they have been established: a. According to standards at least to the minimum requirements imposed in Switzerland; forgotten the source. According to the international standards which are mandatory for the Switzerland.

Is reserved the additional examination to check if the aircraft is airworthy and if he meets the requirements for limiting noise and the emission of harmful substances.

New content according to section I of the O Dec. 6. 1982, in force since Jan. 1. 1983 (1982 2277 RO).
New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
New content according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).
New content according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).

Art. 18 admitted to a registered aircraft traffic is admitted to circulation: a. If it is in airworthy condition; b. If it meets the requirements for limitation of noise and other emissions; c. If the claims liability of third parties on the ground and passengers are covered to the extent prescribed; d. If, for an imported aircraft evidence is provided that he underwent placement under customs regime or that he enjoys temporarily the duty-free.


Admission to the circulation is attested by the award of the certificate of airworthiness, restricted airworthiness or permit to fly certificate. In these certificates or their annexes, the FOCA can set conditions and operating restrictions.
In special cases, particularly during the admission procedure, the FOCA establishes interim flight authorization. Claims liability of third parties on the ground and passengers must be covered in all cases.


New content according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).
New content according to section I of O on March 5, 1984, in force since April 1. 1984 (1984 318 RO).
New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
New content according to chapter 36 of Schedule 4 to the O from 1 nov. 2006 on customs, in force since May 1, 2007 (RO 2007 1469).
Repealed by no I of O from 23 nov. 1994, with effect from Jan 1. 1995 (1994 3028 RO).
New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
Repealed by no I of O on August 25, 1976, with effect from Jan 1. 1977 (1976 1921 RO).

Art. 19duree of validity of the certificate of airworthiness, restricted airworthiness and the flight authorization certificate certificates of airworthiness, restricted certificates of airworthiness and flight permits are in principle valid for an indefinite period. The FOCA may exceptionally limit their validity.
In special cases, particularly during the procedure of admission or for technical flights, OFAC sets permits to fly to limited validity.

New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).

Art. 20 withdrawal of the certificate of airworthiness, certificate of restricted airworthiness and flight authorisation the certificate of airworthiness, restricted certificate of airworthiness and the permit to fly are removed: a. If the aircraft is no longer seaworthy and if the defect was repaired within a deadline set by OFAC; (b) if the aircraft no longer meets the requirements for limitation of noise and other emissions , and if the defect has not been eliminated within a deadline set by OFAC; c. liability to third parties on the ground is more sufficiently covered; d. If, at the expiry of the franchise of the customs, customs clearance is not proven.

The airworthiness certificate can also be removed: a. If mandatory periodic verification of airworthiness has not been completed within the allotted time; forgotten the source. If the property relations are not clearly established.

Is for withdrawal pursuant to art. 92 of the air navigation Act.

New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
New content according to section I of the O Dec. 6. 1982, in force since Jan. 1. 1983 (1982 2277 RO).
New content according to section I of O on March 5, 1984, in force since April 1. 1984 (1984 318 RO).
New content according to chapter I of the O on June 18, 2008, in force since August 1, 2008 (RO 2008 3607).
Currently "aviation Act".

16 special rules and other measures art. 21 within the limits set in art. 108 and 109 of the aviation Act, DETEC can enact specific rules and other measures concerning aircraft of special categories or in case of technical innovations. In doing so, it also takes account of the imperatives of the protection of nature, the landscape and the environment.

New content according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).
New expression according to section I of the O from 4 July. 2007, in force since August 1, 2007 (RO 2007 3645). This mod has been taken throughout the text.

2 gear ballistic art. 22 repealed by no I of O from 23 nov. 1994, with effect from Jan 1. 1995 (1994 3028 RO).

Art. 23. under the technical aspect, the ballistic are categorized according to schedule.
Small ballistic gear, such as Fireworks or rockets models, as well as antigreles projectiles can be used or released if they do not compromise the safety of aviation. For other reasons, the Confederation and the cantons may impose additional restrictions.
The other ballistic, including rockets with or without occupants, may be used or released only with the authorization of the FOCA. The FOCA can set admission and operating conditions.
Antigreles projectiles must penetrate in the airspace of class C and D nor in the sector of the ATS airspace class E roads. The air traffic control body may permit exceptions.

New content according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).

3 aviation personnel 31 license art. 24. the DETEC fixed categories of aeronautical personnel who need an OFAC license to operate.
The FOCA may delegate the Organization of reviews and the establishment of licensing associations own to exercise.


Introduced by section I of the O of Jan. 27. 1988, in force since April 1. 1988 (1988 534 RO).

32 provisions art. 25. the DETEC enacts regulations on licensing of aviation personnel, which regulate including: a. the nature, the scope and the period of validity of the licences; b. the conditions for granting, refusal, renewal and withdrawal of licenses; c. rules of procedure there is noted in this respect; (d) the rights and obligations of holders; e. the conditions under which aviation personnel trained in military aviation can get civil licenses; f. recognition licenses, examinations of aptitude and foreign medical examinations.

DETEC may issue prescriptions on aviation personnel that needs no license to operate.
The DETEC, in agreement with the federal Department of defence, protection of the population and sports, rule the aerospace medical service. The Organization and competence of the Institute of aviation medicine are regulated by an order of the federal Department of defence, protection of the population and sports, developed in accordance with the DETEC.

New content according to chapter I of the O from 4 Apr. 2001, in force since April 1. 2001 (RO 2001 1067).

33 training of aviation personnel art. 26 permission compulsory training of aviation personnel needing an official license is permitted as part of a school, subject to the exceptions as DETEC laid down for certain categories. The operation of such a school requires permission of the FOCA.

Art. 27 approval approval to instruct the aeronautical personnel licensing terms is granted when the applicant proves that an operating organization with qualified teachers, technical staff, facilities, documentation and premises guarantee an appropriate statement.
For aircrew training, the applicant must also prove that it has appropriate and maintained regulatory aircraft and that he has the right to use an appropriate aerodrome.
In case of use of aircraft which are not registered in the Swiss number register, OFAC issues the authorization only with the agreement of the Directorate-General of customs and the State of registry. It requires declarations are related.
The FOCA may give directions on special requirements to satisfy certain kinds of instruction.
The Organization, educational programs and school operating rules are subject to approval by FOCA.
Permission is granted for a specified period and may be renewed on request. It is not transferable.

New content according to section I of the Sept. 10 O. 2003, in force since Sept. 15. 2003 (RO 2003 3384).
Introduced by the I of O ch. 10 sept. 2003, in force since Sept. 15. 2003 (RO 2003 3384).

Art. 28 monitoring the OFAC monitors the operation of schools teaching aeronautical personnel.
School management to annually report to the FOCA on the market education. Extraordinary events must be immediately announced.
A special federal commission monitors the training, supported by the Confederation, likely to become candidates pilot military, pilots professional or Scouts-paratroopers. In the exercise of its tasks of monitoring, the commission is assisted by inspectors of the FOCA, the air force as well as, in the area of training of military pilots and professional pilots, by external inspectors designated by OFAC.
OFAC watch other areas of training and aeronautical development supported by the Confederation.

Introduced by section I of O from 23 nov. 1994 (1994 3028 RO). New content according to section I of the October 28 O. 1998, in force since Nov. 15. 1998 (RO 1998 2570).
Introduced by section I of O from 23 nov. 1994, in force since Jan. 1. 1995 (1994 3028 RO).

Art. 29 withdrawal of approval the FOCA can Deauthorize temporarily or for an indefinite period to educate aviation personnel when the requirements for a safe and regulatory school operations are no longer met or the school management violated prescriptions or assignments arising from the authorization.
The FOCA may further order that teachers technical personnel of the school be suspended temporarily or for an indefinite period when these people are breaking regulations, contravene their homework or proved unsuitable, including by sending in insufficiently prepared students reviews.

34 protection of health of the crew of the aircraft 341 provisions general art. 30Champ application and right applicable this number (34) regulates the protection of the health of the crew members of the aircraft operated by air transport companies based in Switzerland and having the obligation to hold a permit for commercial air transport of people and goods.
It transposes the binding version for the Switzerland of the directive 2000/79/EC in accordance with section 1 of the annex to the agreement of 21 June 1999 on air transport.

New content according to section I of the Sept. 18 O. 2009, in force since Oct. 15. 2009 (2009 5027 RO).
RS 0.748.127.192.68. The binding version for the Switzerland is referred to in section 1 of the annex to this agreement and can be consulted or obtained from OFAC. Address: Federal Office of civil aviation, 3003 Bern (www.bazl.admin.ch).

Art. 31Information and training information and training of the crew members are governed by art. 5 order 3 of 18 August 1993 on the law on labour (Hygiene, OLT 3).

New content according to section I of the Sept. 18 O. 2009, in force since Oct. 15. 2009 (2009 5027 RO).
SR 822.113 art. 32Consultation consultation of the members of the crew or their representatives is governed by art. OLT 6 3.

New content according to section I of the Sept. 18 O. 2009, in force since Oct. 15. 2009 (2009 5027 RO).
SR 822.113 art. Health 33Examen any crew member has a free health examination prior to hiring her.
Crew members benefit from free health examination referred to in clause 4, no. 1, let. a, of the annex to the directive n 2000/79/EC as follows:. members of flight crew: at the intervals provided for in Regulation JAR - FCL 3; b. other crew members: at the following intervals: 1. up to the age of 41: every five years, 2 of the age of 42 at the age of 50 years: every two years, 3. starting at the age of 51 : every year.

They have an annual review if they suffer from health problems related to the aeronautical activity.
The air transport company shall meet the examination of health costs.

New content according to section I of the Sept. 18 O. 2009, in force since Oct. 15. 2009 (2009 5027 RO).
In accordance with the binding version for the Switzerland of no 1 of the annex to the agreement of 21 June 1999 on air transport (RS 0.748.127.192.68).
The JAR - FCL 3 R is not published to the RO or translated. It can be found at the federal Office of civil aviation (FOCA), 3003 Bern (www.bazl.admin.ch) or obtained against payment with the Joint Aviation Authorities.

342 health protection during maternity art. 34applicabilite of protection requirements during maternity pregnant women can assert their right to special measures of protection once they have notified the company of their State.
At the request of the company, they produce a medical certificate.

New content according to section I of the Sept. 18 O. 2009, in force since Oct. 15. 2009 (2009 5027 RO).

Art. 35Occupation during the occupation of pregnant women, some new mothers maternity and nursing mothers is governed by art. 35, al. 1, and 35, art. 1 to 3, of the Act of 13 March 1964 on labour.

New content according to section I of the Sept. 18 O. 2009, in force since Oct. 15. 2009 (2009 5027 RO).
RS 822.11 art. 36deplacement of the schedule and payment of wages pregnant women and nursing mothers are released from the flight service are entitled to 80% of their salary when the business of air transport can offer equivalent ground work.
The following apply to pregnant women and nursing mothers running a job equivalent to the floor: a. Act of 13 March 1964 on labour; b. Ordinance 1 of 10 May 2000 on the Labour Act; c. OLT 3; d. requirements enacted by the federal Department of the economy under art. 62, al. 4, 1 of 10 May 2000 the Labour Act Ordinance.

New content according to section I of the Sept. 18 O. 2009, in force since Oct. 15. 2009 (2009 5027 RO).
RS 822.11 RS 822.111 RS 822.113 343 crew members with family responsibilities art. 37. the occupation of the crew members with family responsibilities is governed by: a. art. 36, al. 1, of the Act of 13 March 1964 on labour, for permitting the operation of the flights; ETB. art. 36, al. 3, of the Act of 13 March 1964 on labour.

New content according to section I of the Sept. 18 O. 2009, in force since Oct. 15. 2009 (2009 5027 RO).
RS 822.11 4...

Art. 38 to 74 formerly before art. 30. repealed by section I of O from 23 nov. 1994, with effect from Jan 1. 1995 (1994 3028 RO).

5 traffic, operations and maintenance


51regles of circulation and Art. operating rules 75 traffic rules the DETEC enacts the traffic rules in force in Swiss airspace.

Art. 76 operating rules the DETEC sets operational rules to run or supplement international law.
These operating rules apply in Switzerland and abroad to operators and Swiss air transport companies.
It can be derogated from abroad operating rules if they face mandatory provisions of foreign law.

52 system of accounts of events in aviation art. 77Principes the reporting referred to the art system. 77 at 77th is intended to improve aviation safety. It is based on the Regulation (EU) n 376/2014.
Are reserved other obligations to report planned by federal law.
Regulation (EU) n 376/2014 is also applicable to aircraft referred to in annex II of Regulation (EC) 216/2008 n.
The events referred to in the regulations (EU) 2015/1018 must be reported.

New content according to section I of the O on Feb 17. 2016, in force since April 1. 2016 (2016 739 RO).
Regulation (EU) n 376/2014 of the European Parliament and of the Council of April 3, 2014 for reports, analysis and monitoring of events in civil aviation, amending the regulations (EU) n. 996/2010 of the European Parliament and of the Council and repealing directive 2003/42/EC of the European Parliament and of the Council and the regulations of the Commission (EC) n 1321/2007 and (EC) n 1330/2007 in the version that binds the Switzerland under annex, point 3, of the agreement on air transport (cf. art. 13 page footnote).
Regulation (EC) n 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing directive 91/670/EEC of the Council, the Regulation (EC) n 1592/2002 and directive 2004/36/EC, in the version that binds the Switzerland under Schedule , point 3, of the agreement on air transport (cf. art. 13 page footnote).
Implementing Regulation (EU) 2015/1018 of the Commission on June 29, 2015, establishing a list ranking events in civil aviation to be necessarily notified according to Regulation (EU) n 376/2014 of the European Parliament and the Council, in the version that binds the Switzerland under annex, point 3, of the agreement on air transport (cf. art. 13 page footnote).

Art. 77A to 77 c repealed by section I of the O on Feb 17. 2016, with effect from April 1. 2016 (2016 739 RO).

Art. 77dCentre of treatment the OFAC designates a Center internal reviews, which collects and assesses reports of mandatory events and voluntary reports provided.
Organizationally, the treatment centre is independent of oversight units of FOCA.
He treats reviews of events in a confidential manner.
Employees of the treatment centre to receive and to assess reports of events are unbound, during the exercise of these activities, of their reporting obligations and pursuit.

Introduced by section I of O on March 9, 2007, in force since April 1. 2007 (2007 917 RO).

Art. 77edifferends relating to the protection of sources the DETEC is the body referred to in art. 16, by. 12, of Regulation (EU) n 376/2014.

Introduced by chapter I of the March 9, 2007 (RO 2007 917) O. New content according to section I of the O on Feb 17. 2016, in force since April 1. 2016 (2016 739 RO).
CF. footnote page about art. 77, al. 1 art. 77F et77g introduced by chapter I of the March 9, 2007 (RO 2007 917) O. Repealed by section I of the O on Feb 17. 2016, with effect from April 1. 2016 (2016 739 RO).

Art. 78 repealed by no I of O on March 9, 2007, with effect from Apr 1. 2007 (2007 917 RO).

53...

Art. 79 54 shooting aerial art. 80. the aerial shooting and dissemination are allowed subject to the legislation on the protection of military works.

55 jet objects art. 81. it is prohibited to throw objects from an aircraft in flight, subject to the exceptions laid down by DETEC.

56 advertising art. 82. on aircraft advertising through inscriptions and images placed on aircraft is permitted subject to the provisions of the federal legislation.
In all cases, nationality and registration marks remain recognizable.


New content according to section I of the O of Jan. 27. 1988, in force since April 1. 1988 (1988 534 RO).
Repealed by no I of O of Jan. 27. 1988, with effect from April 1. 1988 (1988 534 RO).

Art. 83. by means of aircraft any other form of advertising by aircraft, including jet of loose sheets, the heavenly writing, the use of speakers, towing banners, is prohibited.

57 demonstration of acrobatics on aircraft art. 84. the demonstration of acrobatics on aircraft require authorization from OFAC. Authorization prescribed requirements.

58 public demonstrations of aviation art. 85 definition public demonstrations of aviation are aeronautical events to which the public is invited and which include demonstrations and competitions, as well as flights of passengers outside the airfields.

Art. 86 mandatory authorization public demonstrations of aviation requires, subject to para. 2, an authorization from OFAC. Before allowing for major events, there to hear the federal Office for the environment.
Don't need no approval: a. public demonstrations of aviation on airfields, if they are reduced to flights of passengers and tests of competition between the members of an organization established on this airfield, including invited guests; b. public aviation events in out airfields, so two free balloons more than participate; c. the public aviation events outside aerodrome If two helicopters at least participate, subject to the approval of the local authorities; d....

The name of the administrative unit has been adapted in application of art. 16, al. 3, o Nov. 17. 2004 (RO 2004 4937) official publications.
New content according to chapter I of O on May 29, 1996, in force since July 1. 1996 (RO 1996 1536).
Repealed by section I of O on August 25, 1976, with effect from Jan 1. 1977 (1976 1921 RO).

Art. 87 the request to allow a public demonstration of aviation should be addressed to the FOCA at the latest three weeks before the event.
It must indicate: a. place and date; b. the organiser; c. the responsible Chief; d. the organization plan and the planned aircraft; e. the program; (f) a summary of the arrangements for the event, including with regard to the safety of spectators, the traffic on the ground and in the air, as well as the health service.

If it comes to demonstrations on airfields, a statement of consent of the aerodrome operator must be attached to the application; If it's events on another ground, there is place to produce a statement of consent of its owners and a statement of the competent cantonal authority that she raises no objection against the event.
When it comes to a public demonstration of aviation outside an aerodrome, there to join the request: a. a fragment of map 1:25 000, where the planned field will be specially indicated; b. a sketch of the field at the 1: 5000, where result also barriers to aviation around this field.

Art. Review the OFAC 88 reviews documentation and expertise particularly planned field.

Art. 89 authorization the OFAC grants permission when the organizer has proved the existence of the additional coverage of civil liability to third parties on the ground, according to the provisions of art. 133, and established that the other conditions are met.
OFAC does not allow demonstrations in which the powered aircraft conduct landings in the country to over 1100 m altitude and outside seats in the mountains only if these events are intended to commemorate an important anniversary for mountain flying.
It allows demonstrations in which the powered aircraft conduct landings in campaign on water bodies public only if the competent cantonal authority has verified and confirmed compliance with the legislation on the protection of waters, fishing, environmental and nature and raises no objection due to other public interests.
It sets the conditions and obligations necessary for reasons of safety and noise.

Introduced by section 3 of the annex to the O on May 14, 2014, on landings in the countryside, in effect since Sept. 1. 2014 (2014 1339 RO).
Introduced by section 3 of the annex to the O on May 14, 2014, on landings in the countryside, in effect since Sept. 1. 2014 (2014 1339 RO).

Art. 90 driving of the event in addition to the direction of flight activity, the responsible head of the event has the following obligations:

a. examine personnel licenses and certificates of aircraft employees; b. brief staff to deal with the flight service on this service plan and the security measures taken; c. consider whether the aircraft used are mentioned in the permission to hold the event; d. ensure that the approved programme must be observed.

On aerodromes, such rights and obligations the responsibility of airfield. It may entrust them, under his supervision, the head of the demonstration.

Art. 91 monitoring the FOCA can monitor the demonstration by an expert; the tasks of it are laid down in each particular case.

59...

Art. 92 to 98 510 withdrawal of authorities art. 99. permits may be withdrawn or restricted if the conditions in which they were granted are no longer fulfilled.

Commercial 6Aviation 61 operating authority art. 100 commercial flights flights are so-called commercial: a. when they give rise to compensation in a form, which must cover more than the cost for the rental of the aircraft and fuel, as well as for fees of airport and air navigation; ETB. When an unspecified circle of people can have access.

Flights performed by an incumbent of an operating permit are presumed to be commercial. The appreciation of the facts from the perspective of tax or customs legislation is reserved.
When it comes to non-commercial flights, giving rise to compensation, passengers must be informed beforehand of the private nature of the flight and the consequences resulting for the insurance coverage.

Art. 101 repealed by no I 1 of the O of 4 March 2011, with effect from Apr 1. 2011 (2011 1139 RO).

Art. 102 the OFAC approval may withdraw authorization: a. If the granting conditions are no longer met; b. If requirements are violated a serious or repeated; or c. If obligations are not met.

611 companies headquartered in Switzerland art. 103 General conditions of granting the operating permit for the commercial transportation of people and goods (art. 27 THE) is issued to a company based in Switzerland: a. when the business is registered in the commercial register in Switzerland with the aim of providing commercial air traffic; b. when the company is under the effective control of Swiss citizens and mostly in Swiss hands. is reserved in the case of foreigners or foreign companies equated with citizens or companies Swiss agreements international; c. when, in the case of a limited company, more than half of its capital stock consists of registered shares and is the property of Swiss citizens or commercial or cooperative companies in Swiss hands. is reserved in the case of foreigners or foreign companies related to citizens or Swiss agreements international; d. companies when the company has licensed air carrier which regulates in particular the Organization of the operation and maintenance; e. when the aircraft operated by the company meet the minimum requirements for the planned services and are listed on the Swiss number record; with the agreement of the General Directorate of customs, aircraft can be entered in the register number of a State with which an international agreement has been concluded providing for this possibility; f. when the company is the operator of an aircraft, of which it is the owner or lessee under a leasing agreement guaranteeing the free use of the aircraft for a period of at least six months; (g) where the company has its own crews , who are holders of the licenses required; h... .i. when the company can prove credibly that she is able to face its obligations within 24 months of the beginning of its activity at any time, and without taking account of operating revenue, the costs of fixed and variable within three months after the beginning of its activity , in accordance with its management plan. Obligations and costs should be determined on the basis of objective forecasts.

In order to ensure that the majority of the share capital of the company is in Swiss hands, an incumbent of an operating permit, or a holdings company which holds, directly or indirectly, a controlling interest in another company, must have a right of repurchase on capital shares traded and acquired by foreigners. This right of repurchase may be exercised within ten days after the declaration of the purchaser to the company, when foreign participation in the share capital entered in the register of shares has reached 40% of the total social capital, or that such participation has exceeded the Swiss participation on this register. The price of recovery corresponds to the stock exchange at the time of the exercise of the right of repurchase. The company regularly publishes the rate of foreign participation in the capital of the company. Is for the case of foreigners or foreign companies similar to citizens or Swiss companies under international agreements.
FOCA may, for good cause and in agreement with the General Directorate of customs, authorize for a fixed term employment of an aircraft registered in the number of a State with which no international agreement providing for that possibility were concluded.
The FOCA may, for good cause, grant exceptions to the conditions prescribed in para. 1, let. a to c. It may allow the transfer of some activities operational in other Swiss companies or foreign.

The list of agreements can be found at the federal Office of civil aviation.
The list of agreements can be found at the federal Office of civil aviation.
The list of agreements can be found at the federal Office of civil aviation.
Repealed by no I 1 of the O of 4 March 2011, with effect from Apr 1. 2011 (2011 1139 RO).
The list of agreements can be found at the federal Office of civil aviation.
The list of agreements can be found at the federal Office of civil aviation.
New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

Art. security management 103asysteme the following companies based in Switzerland are required to introduce and maintain a safety management system: a. operators of planes and helicopters who carry out commercial flights; b. plane and helicopter maintenance organizations.

Following the Organization of international civil aviation (ICAO) standards contained in annex 6 of the Convention of 7 December 1944 on international civil aviation (Chicago Convention) are directly applicable to the safety management system: a. part I, ch. 3.3 and 8.7.3; b. part III, section II, point 1.3 and 6.1.2.

The derogations notified by Switzerland under art. 38 of the Chicago Convention are reserved.
DETEC can declare mandatory recommendations of annex 6 to the Chicago Convention.
In order to transpose the standards and recommendations of ICAO, the FOCA may issue further guidance.
Annex 6 to the Chicago Convention is not published in the official collection. It can be found from the FOCA, in french and English.

Introduced by ch O I Dec 5. 2008, in force since Jan. 1. 2009 (RO 2008 6005).
RS 0.748.0 new content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).
New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).
These documents can also be ordered or acquired by subscription in trade or on the website of ICAO (www.icao.int).

Art. 104 balloons, gliders and aircraft of special categories of ballooning companies must meet the conditions prescribed in art. 27, al. 2, let. b, of the law on aviation and art. 103, al. 1, let. a, e and g. FOCA may, for good cause, authorize exceptions to the conditions prescribed in art. 103, al. 1, let. a. the operating permit is not required for companies exploiting the gliders and aircraft of special categories.

Art. Special 105Autorisation an operating permit valid for a short time or for a limited number of flights may be granted in the form of special permission if the operator can demonstrate that there is a level of security comparable and proportionate to exploitation.

New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

Art. 106 sum of the liability and obligation to ensure the operating permit is issued to an applicant only: a. If it has the following security: 1. in respect of civil liability in case of death or injury: a minimum coverage of 250 000 special drawing rights as defined by the international monetary fund by passenger, 2. in respect of civil liability in case of damage to baggage : a minimum coverage of 1131 special drawing rights per passenger, 3. in the title of his civil liability for damage caused to goods: minimum coverage to 19 special drawing rights per kilogram, and


(b) if it proves that it is covered, in respect of his liability, up to the amounts referred to in the let. a. the insurance contract must contain the following provision: If the contract expires before the deadline indicated in the certificate of insurance, the insurance company agrees to cover claims in damages under the conditions defined by the contract until the withdrawal of the authorization, but not more than fifteen days after that OFAC has been informed of the expiry of the contract; is deemed time of withdrawal the day the withdrawal decision comes into force.

New content according to section I of the O on Feb 17. 2016, in force since April 1. 2016 (2016 739 RO).
New content according to section I of the O on Feb 17. 2016, in force since April 1. 2016 (2016 739 RO).
New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

Art. 107 obligation to educate and to announce an operating permit licensees must, on request, grant anytime OFAC a right to look at their business and operational management and provide the data necessary for the establishment of air traffic statistics.

Companies previously inform the OFAC of their projects to serve continents or regions they served not so far. They announce him also before any proposed merger or buyout and, within fourteen days, any change in the holding representing ten percent or more of the total capital of the company or its parent company or of its holding company.

Repealed by no I of O on Feb 17. 2016, with effect from April 1. 2016 (2016 739 RO).

612 companies headquartered abroad art. 108 terms of granting the operating permit for the commercial transportation of people and goods (art. 29 LA) is issued to a company based abroad: a. when the company has the authority in his State of origin to ensure the commercial transport of persons and goods in international air traffic; b. when the company investigated, by the authorities of his State of origin , of adequate monitoring of the technical and operational aspects; c. when the granting of the authorization does not affect essential Swiss; d. interests when Swiss companies are allowed to carry to equivalent conditions of people or goods from the territory of the company; e. when the liability to third parties on the ground is covered (art. 125); ETF. If it proves that it has, in respect of his liability, identical to that required minimal coverage to the art. 106, al. 1, let. a to c.

When there is no apparent reason to assume that the conditions prescribed in the al. 1, let. a and b, are not met, we can waive the technical and operational company controls. However, such controls may be ordered at any time.
For good cause, we can waive the requirement formulated in the al. 1, let. d. new content according to chapter II of the annex to the O of 17 August 2005 on air transport, in effect since Sept. 5. 2005 (RO 2005 4243).

Art. 109 obligation to educate and to announce the holder of an operating permit is required to announce without delay to OFAC: a. all schedules and the programs of flights at the start of the Switzerland and destination thereof; b. all events within the meaning of art. 77 has that arise in connection with flights at the start or destination of the Switzerland, etc. the data necessary for the establishment of air traffic statistics.

New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

Concession roads Art. 62 110 traffic lines by traffic lines, we hear flights assigned to the commercial transport of persons or goods: a. when performed for at least according to a frequency and regularity as they are part of an apparent systematic series; and Frenchie. for the transport of people, sold seats are individually placed at the disposal of the public.

DETEC sets execution requirements; It takes into account the evolution of international air traffic.

Art. 111 obligations related to the dealership the dealer company is required to establish schedules and rates and submit them to the FOCA. It must make them available to the public in an appropriate manner. She is also required to ensure that schedules and rates thus made public are respected. The kind and the scope of the obligations to exploit and transport are regulated in the concession.
FOCA may, particularly in an emergency or to change the situation, provide the dealer company, on duly motivated request, all obligations or some of them, or grant other facilities.

Art. 112 withdrawal of the concession the FOCA may at any time withdraw the concession without compensation if the company violates its obligations in a way serious or repeated (art. 93 THE).
It may also withdraw the concession if the requirements for granting are no longer met.

Art. 113 repealed through art. 10 o of 17 August 2005 on the coordination of slots, with effect from Oct. 1. 2005 (RO 2005 4425).

621 companies headquartered in Switzerland art. 114requete companies based in Switzerland who want to exploit the airlines must apply to the FOCA, with the following data and documents, to get a concession of roads: a. table of routes and schedule; (b) the rates and transport conditions; c. information on opening up to exploitation; d. data on aircraft for operations; e. agreements of cooperation with other aviation companies; (f) data on the profitability of the coveted line.

Before deciding on an application for a concession, OFAC informed other companies located in Switzerland that would also be able to ensure the operation of the line in question.
Within 14 days of the communication of the FOCA, other companies can register their interest to operate the line. They have 45 days from the date of this communication, to file an application of concession.
Before ruling on a request of concession on the operation of an airline in Switzerland, OFAC intends to transport interested Governments of the cantons concerned, affected airports and public enterprises.
The al. 2 to 4 are not applicable in the presence of a right to the grant of a concession of roads conferred by international regulations.

New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

Art. 115 the OFAC decision may refuse to grant the concession if transport demand can be satisfied in another equivalent way or airports that he is expected to serve lack the necessary infrastructure for instrument approach procedures.
When several applications are filed for the same line and several concession is excluded for duly motivated reasons, the FOCA takes its decision taking into account the following criteria: a. the ability of the company to ensure the operation of the line at least two periods of time; b. the benefits that the company agrees to provide to the public (product quality (, price, had, abilities, etc.); c. the effect on competition in the coveted markets; d. serving airports Swiss; e. the economically judicious use of capacity and the existing traffic rights; f. the date of opening up to exploitation; g. compliance with ecological imperatives (silent and low-emission aircraft); h. benefits provided to date by the company to develop the market for the line in question.

The FOCA may invite interested companies to pronounce.

Art. 116 duration of the concession the concession is issued for a period of eight years at most.
It may be renewed on request.
The renewal decision at the latest six months before the expiry of the concession. Art. 115 is also applicable.

New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

Art. 117 change or transfer rights and obligations arising from a concession the FOCA may change or transfer rights and obligations arising from a concession.
In particular, it may allow a company to make its flights by other companies, Swiss or foreign: a. when the safety of operation is guaranteed; b. when surveillance authority is clearly established; etc. when the public is informed of the transfer.

The FOCA may authorize the delegation of certain tasks to operate to other Swiss companies or foreign.

Art. 118Transfert to competition from concessions of roads in the event of non-use if a company does not make use of traffic rights granted to it under the concession of roads, any other company can apply to the FOCA that the concession in question be transferred to him.

Once a request is filed, OFAC prescribes the dealer company a maximum period of three months to start the operation of the line. The FOCA may extend this deadline for good cause.
If the company does not begin operation within the time limit and the other company fulfils the prerequisites for the granting of a concession, the FOCA transfers the concession of roads.
The art. 114 and 115 are applicable.

New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

Art. 118acaducite of concessions on roads in the event of non-use if a dealer company leaves an untapped airline over a period of twelve months, the concession of roads lapses.

Introduced by no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

622 companies headquartered abroad art. 119 query based companies abroad wishing to operate airlines submit to OFAC a query with the data and following documents: a. table of routes and schedules; b. rates c. information on opening up to exploitation; d. data on aircraft for operations; e. information on the legal domicile in Switzerland.

Art. 120procedure the granting of a concession to a foreign company is governed by the decisive international agreement.
When international regulation fails or does not anticipate some traffic rights, the FOCA can grant a franchise for a single line to a foreign company on condition it is detaining the necessary traffic rights granted by its original state.
When granting the concession, the FOCA ensures in particular that the State of origin of the company grants reciprocity.

Art. 121 and 122 repealed Section 1 provisions security 6aMesures General art. 122 on the aerodrome security measures operator of a Swiss aerodrome open to international commercial air traffic defined in a security program measures it intends to take, according to the seriousness of the threat, in order to prevent any act directed against the safety of civil aviation.
The security program is subject to the approval of the FOCA.
By security measures, includes: a. the control of passengers, luggage unregistered hand, checked baggage, cargo, postal items and aircraft focused on aspects related to safety; (b) other measures to ensure that no prohibited article which could be used to perpetrate illegal acts against the safety of civil aviation can go on board aircraft.

In agreement with the federal Department of justice and police, DETEC ordered security measures. Previously, he consults the competent cantonal policies, the operator of the airport and air transport companies concerned.

Art. 122b security measures for air transport companies all air transport company whose aircraft are assigned to international commercial traffic is required to ensure the safe operation of its aircraft, in accordance with the requirements set by the DETEC. The measures it takes must be described in a security program.
The security program is subject to the approval of the FOCA.

Art. 122 c provisions provided that no particular provision in this section regarding the security measures as well as in the requirements of execution, are applicable: a. the directly applicable provisions of Annex 17 to the convention on international civil aviation of 7 December 1944 which bind the Switzerland; ETB. the provisions of the law of the European Community for the Switzerland.

For the rest, the current level of technology, as indicated particularly in the recommendations in annex 17 to the convention on international civil aviation of 7 December 1944, is critical.
Security guards take the necessary measures when the security of passengers, crew or aircraft is threatened. They can make use of the constraint and police measures according to the law of March 20, 2008 on the use of constraint and its implementing provisions.
OFAC enacts the necessary requirements, especially the national civil aviation security programme.

RS 0.748.0. Annex 17 is not published to the RO. It can be found from the federal Office of aviation civil or obtained with the Organization of International Civil Aviation, group for the sale of documents, 999, street of the University, Montreal, Quebec, Canada H3C 5 H 7.
SR 364 introduced by section 3 of the annex to the O from 12 nov. 2008 on the use of constraint, in force since Jan. 1. 2009 (RO 2008 5475).
The national security program is written in English. It is not published.

Art. 122D running the DETEC, by agreement with the federal Department of justice and police, issuing prescriptions to specify: a. the shape security measures; b. the terms of the contest of services concerned; c. the apportionment of costs between FOCA, aerodrome operators and air transport companies.

In special cases, OFAC may, depending on the severity of the threat and in agreement with the federal Office of police, order other measures and determine the distribution of fees; previously consult the competent airport police as well as the operator of the aerodrome.
The special powers conferred in specific cases to a cantonal police commander are reserved (art. 100 THE).

Section 2 guards of safety art. 122nd guards of safety principles are affected Swiss used in commercial air traffic international in order to prevent unlawful acts likely to jeopardize safety on board aircraft.
Security guards may also be affected on the ground on foreign airfields.
Are employed as security guards: a. members of the cantonal or municipal police; b. members of the military security; c. border; d. others formed by the federal Office of police.

The FOCA supervises high on the assignment of security guards; He registered the costs incurred by the latter in its budget.

Art. 122e tasks and skills of security guards in particular assume tasks and competencies: a. aboard, they monitor the behaviour of passengers and prevent any wrongful act which may endanger safety on board the aircraft; (b) on the ground, they are searching passengers and carry-on baggage and monitor controlled baggage and identification of luggage in order to prevent the introduction of prohibited articles that could be used to compromise the security of civil aviation; c. they take the necessary measures when the safety of passengers or aircraft is threatened. They can then make use of duress and police measures. On foreign airfields, the applicable national law remains reserved.

The federal Office of police in collaboration with the FOCA writes guidelines specifying the tasks of security guards.

Art. 122g training only can be used as a safety guard a person who have followed a specific training program and having passed the final exam.
The federal Office of police: a. defines the requirements to be met by security guards; b. determines training program; c. ensure that security guards perfect d. organizing adequate training and development courses.

He can appeal to third parties, namely air transport companies and institutions of the police and the army, organizing the course as well as to provide and maintain the infrastructure of the courts.

Art. 122 h assignment the federal Office of police is responsible for the assignment of the security and guards of the administrative tasks associated.
He fixed the doctrine and tactics of intervention.
Fixed it agreement with FOCA location, date and type of the assignment on the basis of an analysis of risks and an assessment of the hazards.
He informs the air transport companies and ordered them in time the necessary seats.

Art. 122i equipment of the federal Office of police security guards provides, in collaboration with the airline companies, the equipment needed for security guards.
Equipment, means including uniforms, weapons, and AIDS.

Art. 122J reporting relationship during the training and assignments, security guards are still subject to the requirements of service and disciplinary requirements of their employer.
In the performance of their duties, they are subordinated to the federal Office of police.
On board the aircraft, they are subject to the authority of the captain.

Art. 122 k risk analysis and assessment of the dangers the federal Office of police is responsible for the analysis of risks and assessment of the hazards related to the assignment of the security guards.

Art. 122 the maintenance and conservation of the firearms the Office federal police provides, after consulting with the FOCA, the maintenance and conservation of the weapons of security guards.

He can appeal to this effect to the airport police or other agencies that designated, including for the conservation of the weapons of foreign security guards who call in Switzerland.

Art. 122 m Obligations of air carriers air carriers can be called to participate: a. training and development of security guards; b. the allocation and administrative tasks arising therefrom; c. the risk analysis and the assessment of the dangers.

As such, they can particularly be responsible for: a. give courses on specific topics in aviation training and development; b. book, according to the instructions of the federal police Office, the seats intended for security guards; c. provide them aeronautical documents necessary; d. make available specific material assignments as part of air transport; e. pass the information to the federal Office of police important security for the risk analysis and evaluation of the dangers.

OFAC fixed the obligations of air carriers in relation to security guards in the operating permit.

Art. 122n costs the OFAC reimburses for the assignment of security guards: a. to the federal police Office and air transport businesses expenses related to benefits provided under of: 1 training and the development of the security guards, 2. the assignment of security guards and administrative tasks arising therefrom, 3. the analysis of risk and hazard assessment;

b. the federal police agency and third parties to which the latter appealed the costs related to the provision and maintenance of the infrastructure for the training and development of security guards; c. to the police force wages and the wage costs of the guards of safety during the training and development as well as during assignments; d. the security guards expenses related to training and development and those relating to their assignment; e. the federal Office of police and air transportation companies the costs associated with the equipment of the safety guards; f. to the federal police Office and police to the airport costs associated with the management of the firearms of the security guards.

The federal Office of police control the costs of the services provided by third parties and forwards them to the FOCA. This last rule directly invoices.
The federal Office of police prepares annually for the FOCA certain statistical data such as costs of personnel and equipment, the number of flights accompanied by security guards, the destinations of assignment or interventions on board.

Art. 122o responsibility of Confederation the responsibility of the Confederation for the damage a security guard would wrongfully cause to a third party in the exercise of its activity is governed by the provisions of the law of 14 March 1958 on the responsibility.

RS 170.32 6bFacilitations art. 122p to the extent where they bind the Switzerland, the provisions of Annex 9 to the convention on international civil aviation of 7 December 1944 apply directly to facilitation measures to be implemented in air transport.
The annex referred to in para. 1 can be consulted in french and English, the FOCA or national airport information services, or obtained against payment to the Organization of international civil aviation (ICAO).
Schedule changes are reported in the aeronautical information Publication (AIC) published by the FOCA and in technical communications.

RS 0.748.0 organization of international civil aviation group from the sale of documents, 999, street University, Montreal, Quebec, Canada H3C5H7 7 liability 71 liability of the operator of an aircraft to third parties on the ground 711 Nature of the cover art. 123 subject to para. 2, liability to third parties on the ground must be covered by a liability insurance concluded with an insurance company.
If coverage is offered as a collateral or a guarantee deposit, OFAC rule in each particular case within the provisions below.

New content according to no I 1 of O on March 4, 2011, in force since April 1. 2011 (2011 1139 RO).

712 proof of the cover art. 124. as proof of liability coverage, the aircraft operator must produce an insurance certificate, a certificate of deposit or a declaration of security.
OFAC has the right to ask the operator of the aircraft, the insurer, the depositary or the deposit of more information on the cover. He may defer the grant of the certificate of airworthiness until receipt of the information.

New content according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).

713 amount of cover art. 125. in the case of loss, liability to third parties on the ground must be to the less covered as follows (injury and property damage combined): minimum insurance (million special drawing rights) a. aircraft for a takeoff weight lower at 500 kg 0.75 b. aircraft of a takeoff weight equal or greater than 500 kg but less than 1000 kg 1.5 c. aircraft of an equal or greater than 1000 kg but less than 2700 kg takeoff weight

3 d. aircraft of a takeoff weight equal or greater than 2700 kg but less than 6000 kg 7 e. aircraft of a take-off weight equal or greater than 6000 kg but less than kg 12 000, 18 f. aircraft of a take-off weight equal or greater than 12 000 kg but lower to 25 000 kg 80 g. aircraft of a weight at take-off equal or higher to 25 000 kg but less than 50 000 kg 150 h. aircraft of a takeoff weight equal or greater than 50 000 kg but less than 200 000 kg 300 i. aircraft of an equal or higher than 200 000 kg takeoff weight but less than 500 000 kg 500 j. aircraft weight at take-off equal or higher to 500 000 kg 700.

The al. 1 does not apply to captive balloons, gliders slope, ascending parachutes and gliders slope electric-powered parachutes, flying kites. For these aircraft, DETEC determines the amount of coverage.
For the flights, which are a particular danger, including the nature of the goods carried, the FOCA can do depend on the granting of the operating authority of evidence of additional coverage of civil liability to third parties on the ground.

New content according to chapter II of the annex to the O of 17 August 2005 on air transport, in effect since Sept. 5. 2005 (RO 2005 4243).
New content according to chapter I of O on June 24, 2015, in force since 15 July. 2015 (2015 2175 RO).
Introduced by section I of the O on October 28. 1998, in force since Nov. 15. 1998 (RO 1998 2570).

714 content of the contract of insurance art. 126 change of operator and withdrawal the insurance contract must specify: a. in the case of change of the operator for the duration of the contract, the claims that can be raised against the new operator are also covered; (b) the rights and obligations arising from the insurance contract are the new operator; c. that the new operator is allowed to withdraw from the contract within fourteen days following the change of operator; d. that the insurer is entitled to withdraw from the contract within fourteen days after it had knowledge of the change of operator.

In case of withdrawal, the coverage expires at the time indicated in art. 128, let. b. If, before that time, proof of new coverage has not been provided to the FOCA, the certificate of airworthiness should be removed.
If, in the 14 days following the change of operator, the new operator proves that it has established a new cover, previous insurance contract ceases to be valid.

New content according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).

Art. 127 scope of covered claims the warranty should cover, up to the limits indicated in art. 125, the claims of third parties on the ground that can be raised against the operator under the provisions of the air navigation Act.
For damage caused by a person on board, the operator responds that, up to the amount of the guarantee if this person does not part of the crew (art. 64, para. 2, let. b LNA).
Damage to the ground by the noise of the aircraft should not be excluded from the insurance contract.

Currently "aviation Act".
Currently 'THE

Art. 128 length of coverage and geographical limits the insurance contract must contain the following provisions:

a. If the contract expires while the aircraft is in flight, the liability of the insurer to third parties adversely affected ground extends until the next landing allowing official control papers edge, but not more than twenty-four hours; (b) if the contract expires before the deadline indicated in the certificate of insurance, the insurance company agrees to cover claims for damages under the conditions defined by the contract up to the time of the withdrawal of the certificate of airworthiness , but not more than fifteen days after FOCA was informed of the expiry of the contract; is deemed time of withdrawal the day the decision to withdraw comes in vigueur.c. If an aircraft crosses the geographical coverage limits as they are shown in the certificate of insurance, the insurance applies however to third parties adversely affected ground if the flight beyond such limits was due to force majeure, an assistance justified by circumstances or operation fault steering, driving and navigation.

New content according to chapter I of O on May 29, 1996, in force since July 1. 1996 (RO 1996 1536).

Art. 129 report between the certificate of insurance and the insurance cover must state that conditions whose third parties can rely are those set out in the certificate of insurance, even if they do not match the content of the contract.

Art. 130 repealed by section II of the annex to the O of 17 August 2005 on air transport, with effect from Sept. 5. 2005 (RO 2005 4243).

715 insurer and third injured art. 131. the operator may require the insurer that it pays, without prejudice to any rights of recourse, in the hands of the third injured, the compensation payable to it, even if the claims of the latter with respect to the operator, according to the provisions of this order, exceed those of the operator with respect to the insurer.
The injured party may not assert any claim directly against the insurer, but it has, for the amount of damages owed, a right of lien on the claims of the operator with respect to the insurer.

716 certificate of cover art. 132. the certificate of coverage indicates the amount of coverage, the duration of the provided security and the geographic area of validity.

71aresponsabilite the operator of an aircraft to passengers art. 132a minimum coverage of civil liability to passengers the minimum coverage in respect of the liability of the operator of an aircraft to the passengers is 250 000 special drawing rights per passenger. Operations not commercial aircraft take-off weight is less than or equal to 2700 kg, the minimum coverage may be less than this amount, but it must be a minimum of 113 100 special drawing rights per passenger.
In the case of non-commercial operation of aircraft without passengers, we can waive the coverage in respect of the civil liability to the passengers.
The art. 123, 124, al. 1, 126, al. 1 and 4, 128, let's. a and c, 129, 131 and 132 apply by analogy to the civil liability to the passengers.

Introduced by the I of O ch. 17 Feb. 2016, in force since April 1. 2016 (2016 739 RO).
New content according to section I of the O on Feb 17. 2016, in force since April 1. 2016 (2016 739 RO).

72 responsibility at public events of aviation 721 coverage of the liability of the organiser art. 133. the public demonstrations of aviation to the senses of the art. 85 to 91 are authorized by OFAC if the applicant proves that the Organizer is covered for liability.
In case of disaster, civil liability must be to the less covered as follows (injury and property damage combined): Fr. coverage amount

a. public aviation without acrobatic patrol flights and acrobatic flights at low altitude 2 000 000 b. at public events of aviation without acrobatic patrol flights, but demonstrations with acrobatic flights at low altitude 4 000 000 c. at public events of aviation without acrobatic flights at low altitude, but with acrobatic patrol flights 4 000 000 d. at public events of aviation with acrobatic patrol flights and acrobatic flying altitude.

10 000 000.

At public events of aviation dangerous increased, the FOCA can raise the amounts of coverage.

New content according to section I of the Nov. 23 O. 1994, in force since Jan. 1. 1995 (1994 3028 RO).

722 coverage of claims against operators art. 134. the cover provided for in art. Alternatively, 133 must extend to the claims of liability which can be raised against the operators of the aircraft taking part in the event if the guarantee provided for in art. 125 does not cover these claims.

New content according to chapter I of O on May 29, 1996, in force since July 1. 1996 (RO 1996 1536).

73 foreign aircraft 731 coverage and required evidence art. 135. before use in Swiss airspace, the operator of a foreign aircraft shall ensure that the claims of third parties in respect of civil liability are covered according to the rates provided for in art. 125. it must be able to demonstrate this coverage.
If an operator uses several aircraft in Swiss airspace, it must ensure coverage for the amount planned for the aircraft take-off weight is the highest.
The FOCA may waive coverage for damage caused by noise or radioactive contamination.
He may waive the coverage with respect to the States which are aircraft operators.
It may require stakeholders to provide the necessary information.

New content according to section I of the O of Jan. 27. 1988, in force since April 1. 1988 (1988 534 RO).

732 decision art. 136. the OFAC decides if the coverage provided is sufficient. In non-commercial air traffic, he examines the coverage by polls.
The declaration of an admitted in Switzerland for this kind of business, insurance company that covers the claims of third parties in respect of the liability of the operator of a foreign aircraft, in accordance with this order, just as evidence of coverage.

New content according to section I of the O of Jan. 27. 1988, in force since April 1. 1988 (1988 534 RO).

74 civil liability of the air carrier art. 137. the transport for remuneration carried out by aircraft so that free transport performed by a company of air transport holder of an operating licence are governed by special provisions on liability in the order of 17 August 2005 on air transport and the conditions of the art. 106 and 108.
Other transport aircraft are governed by the provisions of the Swiss law of obligations on responsibility.

RS 748.411 new content according to chapter II of the annex to the O of 17 August 2005 on air transport, in effect since Sept. 5. 2005 (RO 2005 4243).
RS 220 8 information aeronautical art. 138. the FOCA publishes the aeronautical information below: a. the Publication of the Swiss aeronautical information (AIP-Switzerland), which contains information of lasting character, which are essential for the safety of air navigation; (b) notices to the staff responsible for air operations (NOTAM) and the circulars of aeronautical information (AIC), overlooking the institution, State or editing facilities for air navigation, as well as on the traffic services the procedures and the dangers for air navigation, the information communication, time, is important for aviation personnel.

technical 8aPrescriptions international art. 138 as part of its legislative powers, DETEC may exceptionally declare it directly applicable to certain annexes, including technical requirements related thereto, the Convention of 7 December 1944 on international civil aviation, as well as the technical requirements that are arrested in connection with the cooperation between European aviation authorities.
With the agreement of the Federal Chancellery, he may prescribe a particular way of publication and agreed to withdraw in part or entirely to the translation of those provisions.
It shall act on the rejection of the annexes or amendments to annexes referred to in art. 90, let. a, second sentence, of the Convention of 7 December 1944 on international civil aviation.

RS 0.748.0. The annexes are not published to the RO.
Introduced by chapter I of O on May 29, 1996, in force since July 1. 1996 (RO 1996 1536).

9 provisions administrative art. 139 formulas the insurance certificates, requests for registration in the register number and requests to grant or renewal of concessions, permissions, licenses and personal title must be submitted on the forms established by the FOCA.
These formulas can be obtained to OFAC or with the directorates of airfields.
In urgent cases, requests may be made by telephone, telegraph or teletype.

Art. 140 taxes


For the official operations of the supervisory authorities, the fees contained in the regulations of fees collected in application of the law on Aviation of 8 March 1976 are perceived.

[RO 1976 668, 1979 778. RO 1983 1526 art. 35 let. [a]. see currently O Sept. 28. 2007 on the salaries of the federal Office of civil aviation (RS 748.112.11).

Art. 141. the OFAC statistics prepares and publishes statistics of air traffic.
Holders of concessions, permits or licenses are required to provide the data necessary for the establishment of statistics to the FOCA.

criminal 9aDisposition art. 141A is punished according to art. 91, al. 1, let. i, THE anyone who: a. violates one of the obligations provided for in the following provisions: art. 2, art. 1, 2B, al. 1, 26, 81, 83, 86, al. 1, 1 sentence, 107, al. 2, 109, let. a or b and 111, al. 1, 1 or 2 sentence; b. performs a demonstration of acrobatics on aircraft without the permission of the FOCA (art. 84); c. does not, on board the aircraft, the papers that should be there under a provision of air law; d. violates art. 4, by. 1 of the Regulation (EU) n 376/2014.

Introduced by the I of O ch. 17 Feb. 2016, in force since April 1. 2016 (2016 739 RO).
CF. footnote page about art. 77, al. 1 10 transitional provisions and final art. 142 repealed by no I of O from 23 nov. 1994, with effect from Jan 1. 1995 (1994 3028 RO).

Art. 143 repeal of previous provisions are repealed: a. the implementing regulation of the Act on air navigation, on June 5, 1950; (b) the order of November 22, 1966, the decision-making of aerial views.

[RO 1950 I 517, 1951 970 art. 15, 1958 720, 1960 388 art. 37 para. 2 1314 art. 45, 1964 321, 1966 1556 art. 5 para. 2, 1967 915 941 art. 33 No. 1, 1968 972 art. 8 para. 2 1389 1632, 1969 1159]
[RO 1966 1556]

Art. 144 entry into force this order comes into force on January 1, 1974.

Annex (article 2, para. 1, and 23, para. 1) introduced by section I of O from 23 nov. 1994 (1994 3028 RO). New content according to section II of the O on June 24, 2015, in effect since July 15. 2015 (2015 2175 RO).

Status as of April 1, 2016