1
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. DETEC Ordinance on Special Category Aircraft (OSCA)1 of 24 November 1994 (Status as of 15 July 2015) Please note: this translation does not yet include the amendments of 1.1.2017 The Federal Department of the Environment, Transport, Energy and Communications2 (DETEC), on the basis of Article 57 paragraphs 1 and 2 of the Civil Aviation Act of
21 December 19483 (CAA) and of Articles 2a paragraph 3, 21, 24 paragraph 1 and 125 paragraph 2 of the Civil Aviation Ordinance of 14 November 19734, and in implementation of Implementing Regulation (EC) No 923/20125 in the version currently binding on Switzerland in accordance with Annex No 5 of the Agreement of 21 June 19996 between the Swiss Confederation and the European Union on Air Transport,7 ordains: Section 1: Scope of application
Art. 1
8 This Ordinance applies to hang gliders, both unpowered and with an electric motor, manned kites, paragliders, tethered balloons, parachutes and unmanned aircraft.
AS 1994 3076 1
Amended by No I of the DETEC Ordinance of 16 Oct. 2009, in force since 1 Dec. 2009 (AS 2009 5399).
2
Name in accordance with unpublished Federal Council Decree of 19 Dec. 1977.
3 SR
748.0
4 SR
748.01
5
Commission Implementing Regulation (EU) No 923/2012 of 26 Sept. 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006
and (EU) No 255/2010.
6
SR 0.748.127.192.68 7
Amended by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
8
Amended by No I of the DETEC Ordinance of 24 June 2015, in force since 15 July 2015 (AS 2015 2193).
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Section 2: Common Provisions
Art. 2
Swiss Aircraft Registry and airworthiness 1
Aircraft under Article 1 are not recorded in the Swiss Aircraft Registry.
2
Their airworthiness is not tested.
3
No noise certificates are issued for them.
Art. 3
Place of take-off and landing 1
Aircraft under Article 1, with the exception of hang gliders with electric motors, are under no obligation to take off or land at an aerodrome.9 2 The rights of persons entitled to the property concerned to prevent trespassing and to compensation for any damage caused are in every case reserved.
Art. 4
Public air shows
No authorisation is required from the Federal Office of Civil Aviation (FOCA)10 for public air shows that exclusively involve the use of aircraft under Article 1.
Art. 5
Commercial flights
No authorisation is required from FOCA for commercial flights using aircraft under Article 1.
a11 References to SERA
The provisions of the Annex to Implementing Regulation (EU) No 923/2012 are referred to with the abbreviation "SERA"12 and the relevant number.
Section 3: Hang Gliders
Art. 6
13
Hang gliders are:
9
Amended by No I of the DETEC Ordinance of 24 June 2015, in force since 15 July 2015 (AS 2015 2193).
10 Term in accordance with No I of the DETEC Ordinance of 16 Oct. 2009, in force since 1 Dec. 2009 (AS 2009 5399). This amendment has been made throughout the text.
11 Inserted by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
12 SERA = Standardised European Rules of the Air 13 Amended by No I of the DETEC Ordinance of 24 June 2015, in force since 15 July 2015 (AS 2015 2193).
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a. any aircraft that may be foot-launched, in particular hang gliders and paragliders, provided that immediately after take-off they are used for gliding or parachuting;
b. hang gliders and paragliders with electric motors that may be foot-launched or that are equipped with undercarriage, provided that after take-off and a subsequent flight phase they can be used for gliding or parachuting.
Art. 7
Minimum age, licences and tests 1
The minimum age for training flights is 15; the minimum age for acquiring the official licence is 16.14 2 Any person who wishes to fly a hang glider must hold the relevant official Swiss licence. For occasional flights, a foreign licence that is recognised as equivalent under paragraph 7 is sufficient.15
3
Training flights may only be carried out under the direct supervision of a person holding the relevant official instructor's licence.
4
Any person who wishes to fly a hang glider with a passenger must hold the relevant official Swiss licence. For occasional, non-commercial flights, a foreign licence that is recognised as equivalent under paragraph 7 is sufficient.16 5
Licences must be carried when flying a hand glider.
6
The tests required to obtain the licences shall be conducted by a FOCA-recognised expert in accordance with FOCA-approved directives.
7
FOCA shall designate an agency that is responsible for certifying the equivalence of foreign licences. The agency shall recognise the foreign licences in accordance with guidelines issued by FOCA.17
Art. 8
Traffic and operating regulations 1
Taking off and landing on public roads and ski pistes are prohibited.
2
When flying, pilots must maintain an adequate distance from or avoid groups of people in the open air, buildings, public roads, ski pistes, public transport infrastructure such as railway lines, cableways and ski lifts, overhead electrical cables and other cables.
3
Flights over national and customs borders are permitted provided no goods are being carried; the pilot must carry the documents required to cross the border. Foreign legal provisions are reserved.
14 Amended by No I of the DETEC Ordinance of 1 May 2001, in force since 1 June 2001 (AS 2001 1392).
15 Amended by No I of the DETEC Ordinance of 16 Jan. 2013, in force since 1 Feb. 2013 (AS 2013 313).
16 Amended by No I of the DETEC Ordinance of 16 Jan. 2013, in force since 1 Feb. 2013 (AS 2013 313).
17 Amended by No I of the DETEC Ordinance of 16 Jan. 2013, in force since 1 Feb. 2013 (AS 2013 313).
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4
Flying hang gliders on public waters is subject to the federal legislation on the inland navigation and the relevant cantonal regulations.
5
The towing of hang gliders using winches, vehicles or ships to an altitude exceeding 150 m above the ground is subject to authorisation from FOCA.
6
In addition, the regulations applicable to gliders in Regulation (EU) No 923/2012 and the DETEC Ordinance of 20 May 201518 on Traffic Regulations for Aircraft apply, with the exception of the regulations on minimum altitude.19
Art. 9
Flight restrictions
1
The use of hang gliders is prohibited: a. within a distance of 5 km from the runways of any civil aerodrome intended for use by aircraft;
b. within a distance of 5 km from the runways of any military aerodrome intended for use by aircraft during military flight duty times;
c. within a distance of 2.5 km from helipads.
2
The aerodrome manager or the air traffic control unit may authorise exceptions to these restrictions.
Art. 10
Third party liability insurance 1
Third party liability claims made by third parties on the ground must be covered by the hang glider proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.
2
If the proprietor is resident abroad, a foreign third party liability insurance policy in his or her name with the same guaranteed cover is sufficient for flights in Switzerland, provided this policy also covers third party claims made in Switzerland.
3
The pilot must carry the third party liability insurance certificate when flying the hang glider.
a20 Special provisions for hang gliders with electric motors 1
Hang gliders with electric motors must meet the airworthiness requirements of the German Federal Aviation Office (LBA) for gravity controlled microlight aircraft of types foot-launch UL and trike in its version of 17 March 200521 or an earlier version that was applicable at the time of type certification.
2
They may only take off from and land at aerodromes.
18 SR 748.121.11 19 Amended by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
20 Inserted by No I of the DETEC Ordinance of 24 June 2015, in force since 15 July 2015 (AS 2015 2193).
21 The airworthiness regulations can be obtained for a fee from the German Federal Aviation Office or from the publisher acting on its behalf at www.lba.de > A-Z > Gesetze und Verordnungen > Nachrichten für Luftfahrer und Luftfahrthandbuch.
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3
Authorisation from the aerodrome manager is required for take-off and landing.
Section 4: Manned kites, Paragliders and Tethered Balloons
Art. 11
Authorisation requirement and third party liability insurance22 1
Manned kites, paragliders and tethered balloons may only be flown with authorisation from FOCA. FOCA shall specify the requirements for authorisation and the operating conditions on a case-by-case basis.
2
Third party liability claims made by third parties on the ground must be covered by the aircraft proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.
a23 Traffic regulations
With the exception of the regulations on minimum altitude, the following traffic regulations apply to manned kites, paragliders and tethered balloons: a. in the first place, those contained in Implementing Regulation (EU) No 923/2012;
b. the regulations contained in this Ordinance, where applicable.
Section 5: Parachutes
Art. 12
24
Parachute jumps are subject to the regulations contained SERA.3101, 3115, 3125, 3145, 3201 und 3205.
a25 Authorisation requirement 1
Parachute jumps over and in the vicinity of aerodromes, or in airspace of Classes C und D require authorisation.
2
Authorisation is granted by the competent air traffic control unit or, if there is no such unit at the aerodrome, by the aerodrome manager.
22 Amended by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
23 Inserted by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
24 Amended by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
25 Inserted by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
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b26 Landing area for parachute jumps outside aerodromes 1
The landing area must be reconnoitred before the jump. It must be free of obstacles in relation to the type of parachute used and be marked with a clearly visible. The surface wind must be indicated by a windsock or other suitable device.
2
Before a landing area is marked, permission must be obtained from the proprietor of the land.
3
Landings on public roads are prohibited. Landings in densely populated zones of settlements or on public waters are only permitted with the consent of the competent police authorities.
c27 Jump supervision
1
Jumps must be made under the direct supervision of a responsible manager.
2
They may only be made when an observer has confirmed by radio or signals that the required airspace is free of aircraft.
Art. 13
Third party liability insurance 1
Third party liability claims made by third parties on the ground must be covered by the parachute proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.
2
For the case of an emergency jump, the policy for the aircraft that guarantees third party liability claims made by the third parties on the ground must also cover the use of the parachute.
3
The third party liability insurance certificate must be carried when jumping.
Section 6: Unmanned Aircraft weighing over 30 kg
Art. 14
Categories
1
Unmanned aircraft, in particular manned kites, paragliders, tethered balloons, freeflying balloons and model aircraft that weigh more than 30 kg may only be flown with authorisation from FOCA. The FOCA shall specify the requirements for authorisation and the operating conditions on a case-by-case basis.
2
Third party liability claims made by third parties on the ground must be covered by the aircraft proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.
26 Inserted by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
27 Inserted by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
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a28 Traffic regulations
1
The following traffic regulations, with the exception of the regulations on minimum altitude, apply to unmanned aircraft weighing over 30 kg:
a. in the first place, those contained in Implementing Regulation (EU) No 923/2012;
b. the regulations contained in this Ordinance, where applicable.
2
The following traffic regulations apply to model aircraft: a. of those contained in Implementing Regulation (EU) No 923/2012, only SERA.3101, 3115, 3120 und 3145; b. the regulations contained in this Ordinance, where applicable.
Section 7: Unmanned aircraft weighing up to 30 kg
b29 Traffic regulations
1
The following traffic regulations, with the exception of the regulations on minimum altitude, apply to unmanned aircraft weighing up to 30 kg:
a. in the first place, those contained in Implementing Regulation (EU) No 923/2012;
b. the regulations contained in this Ordinance, where applicable.
2
The following traffic regulations apply to model aircraft: a. of those contained in Implementing Regulation (EU) No 923/2012, only SERA.3101, 3115, 3120 und 3145; b. the regulations contained in this Ordinance, where applicable.
Art. 15
Restrictions on manned kites, paragliders and tethered balloons It is prohibited to fly manned kites, paragliders and tethered balloons: a. higher than 60 m above the ground; b. within a distance of 3 km from the runways of any civil or military aerodrome.
Art. 16
Restrictions on free-flying balloons It is prohibited to fly free-flying balloons: a. carrying a load exceeding 2 kg or of a volume exceeding 30 m3; 28 Inserted by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
29 Inserted by Annex 2 of the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft, in force since 15 June 2015 (AS 2015 1643).
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b. carrying a load of a volume exceeding 1 m3 within a distance of 5 km from the runways of any civil or military aerodrome.
Art. 17
30
Any person who flies a model aircraft weighing up to 30 kg must always maintain direct eye contact with the aircraft.
2
Flying model aircraft weighing between 0.5 and 30 kg is prohibited: a. within a distance of 5 km from the runways of any civil or military aerodrome;
b. in control zones (CTR) if the aircraft may exceed an altitude of 150 m above the ground;
c.31 within a radius of 100 metres from groups of people in the open, unless the flight takes place at a public air show under Article 4.
Art. 18
32
Exceptions to the following restrictions may be authorised as follows: a. restrictions under Articles 15 letter b, 16 letter b and 17 paragraph 2: by the air traffic control unit or the aerodrome manager; b.33 restrictions under Articles 15 letter a, 16 letter a and 17 paragraphs 1 and 2 letter c: by FOCA.
2
Such exceptions may only be authorised if the other users of the airspace and third parties on the ground are not endangered.
3
The authorisation may be made subject to conditions.
Art. 19
Cantonal regulations
The cantons may issue regulations for unmanned aircraft that weigh less than 30 kg on the reduction of environmental pollution and on the risk to persons and property on the ground (Art. 51 para. 3 CAA).
Art. 20
Third party liability insurance 1
Third party liability claims made by third parties on the ground must be covered by the proprietor in a third party liability insurance policy with guaranteed cover of at least one million francs.
30 Amended by No I of the DETEC Ordinance of 16 Oct. 2009, in force since 1 Dec. 2009 (AS 2009 5399).
31 Inserted by No I of the DETEC Ordinance of 30 June 2014, in force since 1 Aug. 2014 (AS 2014 2315).
32 Amended by No I of the DETEC Ordinance of 16 Oct. 2009, in force since 1 Dec. 2009 (AS 2009 5399).
33 Amended by No I of the DETEC Ordinance of 30 June 2014, in force since 1 Aug. 2014 (AS 2014 2315).
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2
Cover for third party liability claims is not required for: a. manned kites and paragliders that weigh less than 1.0 kg and that have a maximum climbing height of less than 60 m; b. tethered balloons with a load capacity of less than 0.5 kg, a load volume of less than 30 m3 and a maximum climbing height of less than 60 m; c. free-flying balloon with a load capacity of less than 0.5 kg and load volume of less than 30 m3;
d. model aircraft that weigh less than 0.5 kg.
3
The third party liability insurance certificate must be carried when the aircraft are in operation.
Section 7a:34 Criminal Law Provision
a Any person who fails to comply with an obligation under Article 10 is liable to the
penalties set out in Article 91 paragraph 1 letter i CAA.
Section 8: Final Provisions
Art. 21
Repeal of current legislation The following are repealed: a. the Hang Glider Ordinance of 14 March 198835; b. the Ordinance of 14 March 198836 on Restrictions on Certain Aircraft and Projectiles.
Art. 22
Amendment of Current Legislation …37
Art. 23
Transitional commission Insurance cover for third party liability claims must comply with Articles 11 paragraph 2 and 20 paragraph 1 within six months at the latest after this Ordinance comes into force.
34 Inserted by No I 8 of the DETEC Ordinance of 4 March 2011, in force since 1 April 2011 (AS 2011 1155).
35
[AS 1988 549] 36
[AS 1988 554, 1992 548 No II 2] 37 The amendments may be consulted under AS 1994 3076.