¹ This order regulates the flight and duty time aspects of aircraft crew members, which may be regulated by each State in accordance with Regulation (EEC) No ^O 3922/91.

² It applies to air transport undertakings in Switzerland which have an obligation to hold an operating licence or a concession for the commercial air transport of persons and goods.

³ It shall apply, in conjunction with Annex III, Subpart Q, of Regulation (EEC) No ^O 3922/91, to all flights operated by such undertakings, including flights which are to be classified as private. ¹

¹ The Federal Office of Civil Aviation (OFAC) may make exceptions to certain provisions of this order when:

A.

The exceptions are dictated by just cause, including:

1.

To prevent severe cases,

2.

To take into account the evolution of the technique,

3.

For crew members who exclusively carry out operations abroad (remote operations); and

B.

The operating manual provides for regulations that are equivalent in terms of security.

² It limits the length of exceptions and can link them to loads or conditions.

In this order, the following means:

A.

Crew member: Person charged by an operator of duties on board an aircraft during the flight time;

B.

Flight Crew Member: A crew member who holds the required licences to perform functions essential to the conduct of the aircraft during the flight time;

C.

Working time: Time during which the crew member is engaged in a professional activity;

D.

Occupational activity: Any self-employed or independent businesses whose income is subject to direct federal tax under s. 17 and 18 of the Federal Direct Tax Act of December 14, 1990 ¹ ;

E.

Service Time: See s. 1.1095/1.5 of Annex III to Regulation (EEC) No ^O 3922/91;

F.

Flight Service Time: See s. Annex III to Regulation (EEC) No 1.1095/1.6 ^O 3922/91;

G.

Flight time bilge: see par. Annex III Annex III to Regulation (EEC) No ^O 3922/91;

H.

Reserve: See s. 1.1095/1.14 Annex III to Regulation (EEC) No ^O 3922/91;

I.

Rest Time: See s. 1.1095/1.13 Annex III to Regulation (EEC) No ^O 3922/91;

J.

Break: See s. 1.1095/1.3 of Annex III to Regulation (EEC) No ^O 3922/91;

K.

Reasonable accommodation: An offer of accommodation that meets the following criteria:

1.

It corresponds to a room of a middle-class hotel and is equipped with a toilet and bath or shower,

2.

The chamber is ventilated, air-conditioned and sufficiently soundproofed,

3.

The light sources illuminating the chamber are adjustable until complete darkness is obtained;

L.

Appropriate Local: A space for a crew member to change, and take a restorative break; each crew member must be able to sit comfortably; the local must be separated from the public spaces and the work station; and Have aeration;

M.

Operational Manual, OM: Collection of instructions and information necessary for the operating staff to carry out their duties under Subpart P of Annex III to Regulation (EEC) No ^O 3922/91.

The organisation of working time is governed by the binding version for Switzerland of Directive 2000 /79/EC in accordance with c. 1 of the Annex to the Air Transport Agreement ¹ .

¹ In a calendar year:

A.

Working time is limited to 2000 hours;

B.

The bilge flight time is limited to 900 hours.

² Working time and bilge flight time that have accumulated in other professional activities are included in the calculation.

³ The bilge flight time and other working hours shall be as evenly distributed as possible in the calendar year.

¹ The reservation at the airport preceding a flight shall be counted in the flight service time:

A.

50 %, if an appropriate space is available;

B.

100 %, if no suitable space is available.

² The reserve is not counted in the service time:

A.

When insured in the home;

B.

If reasonable accommodation is available.

¹ Without prejudice to the minimum duration of the holidays contained in Art. 329 A The code of obligations ¹ , any crew member shall have at least:

A.

7 local days per calendar month free of work and reserve;

B.

96 local days per calendar year free of work and reserve.

² A local day is a 24-hour period starting at 0 a.m. local time.

³ Local free working and reserve days shall be notified in advance to the crew member at the latest at the time of publication of the service plan for the corresponding month.

⁴ The rest period can be included in the free working and reserve days.

⁵ The right to rest time provided for in para. 1 let. Has decreased Pro rata temporis In the case of holidays, part-time work, sickness or military service.

If the time difference between the place where the flight service period begins and the place where it ends is four or more hours, the consecutive rest period shall be extended by 30 minutes per hour.

¹ The minimum rest after a reserve period at the airport that is not followed by a flight is ten hours.

² A minimum rest period following a period of flight service or a reserve period may not include a reserve period.

In the case of flights operated by a single pilot, the daily flight duty time for the latter shall not exceed:

A.

12 hours for a maximum of four landings;

B.

11 hours for a maximum of five landings;

C.

10 hours for a maximum of six landings;

D.

9 hours for seven or more landings.

If the flight service period is interspersed with a break (split service), the maximum daily flight duty time is extended as follows:

¹ The maximum flight service time can be extended due to a break at most.

² Crew members are notified of the fractionated service at the beginning of the flight service.

³ Split service must not follow a short rest period.

⁴ It is only permitted provided that the time difference between the place of departure and the final destination is less than two hours.

⁵ If the time required to complete a return between an aerodrome and an appropriate location or reasonable accommodation exceeds one hour, the time that exceeds the time is deducted from the break in the extended flight service period.

¹ The duration of a fractional service shall not exceed ten hours.

² Split service must not exceed 20 hours in total.

³ Fractions and total fractional service may be extended in accordance with subs. 1.1105/2 of Annex III to Regulation (EEC) No ^O 3922/91.

¹ Crew members shall be entitled to reasonable accommodation between the two fractions of a split service, where:

A.

The planned break is expected to last at least six hours; or

B.

At least three hours of the scheduled break fall between 2:00 p.m. and 6 a.m. local time.

² For all other breaks, the air transport company puts an appropriate space at the disposal of the crew.

The air carrier regulates the split service in the operating manual. Regulation requires the approval of the OFAC.

¹ The maximum flight duty time is extended when:

A.

The flight is operated by a reinforced crew;

B.

The aircraft has sufficient berths or rest seats; and

C.

The crew member has a rest period during the flight.

² The extension shall only be permitted provided that the number of landings during the flight service time does not exceed four.

¹ A crew bunk ( Bunk crew ) Is a comfortable bed located in a separate area of the passenger cabin and flight deck, soundproof in such a way as to be audible only to the aerodynamic noise and engines inevitably produced by the aircraft; and Whose lighting is adjustable.

² A rest seat ( Rest seat ) Is a seat installed on the aircraft that meets the following requirements:

A.

The seat is reserved exclusively for crew members;

B.

The case can be tilted backwards to an angle of at least 30 ° from the vertical;

C.

It must provide sufficient comfort;

D.

The resting seat shall be placed in an aerated place, with adjustable lighting, and isolated from the cockpit, passengers, cargo, patients and excessive noise at least by a thick curtain.

¹ For flight crew members, maximum daily flight duty times are as follows:

² If the reinforced flight crew consists of four pilots, the rest options shall be available for two pilots during the entire flight.

³ The extension shall be authorised only if each member of the flight crew has the same rest time.

⁴ In the case of reinforced flight crew, only the hours during which the flight crew member is actually engaged in directing the aircraft are accounted for in the calculation of the bilge flight time.

⁵ The maximum flight service time may also be extended in accordance with s. 1.1105/2 of Annex III to Regulation (EEC) No ^O 3922/91.

¹ For cabin crew members, maximum daily flight duty times are as follows:

² The extension shall be permitted only if each member of the cabin crew has the same free rest time of any task.

The extension of the maximum daily flight duty time due to a flight rest period shall not:

A.

Following a short rest period;

B.

Immediately follow a reserve period at the airport over 6 hours.

When a split service is combined with an extension due to a flight rest period, the greater of the two maximum flight duty times referred to in s. 13 and 18 are authentic.

The air transport company rules in the Operations Manual the extension of the maximum daily flight duty time due to a flight rest period. This regulation requires the approval of the OFAC.

The order of 8 September 1997 on the operation of aircraft in commercial air transport (OJAR-OPS 1) ¹ Is repealed.

... ¹

This order shall enter into force on 1 ^Er October 2008.