OSCA

By Steph2
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In The Matter OfOSCA
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Hang Gliders

Art. 7 Definition

Hang gliders are: 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; b. hang gliders and paragliders with electric motors that may be foot-launched or that are equipped with an undercarriage, provided that after take-off and a subsequent flight phase they can be used for gliding.

Art. 8 Swiss licences

1 Any person who wishes to fly a hang glider must hold the relevant official Swiss licence. The minimum age for training flights is 14; the minimum age for acquiring the official licence is 16. 2 Any person who wishes to fly a hang glider with an accompanying person (tandem flight) must hold the relevant official Swiss licence. An official Swiss licence for commercial tandem flights is valid for three years. 3 Training flights may only be carried out under the direct supervision of a person holding the official instructor’s licence; they need not be carried out by a training organisation. An instructor’s licence is valid for three years. 4 The tests required to obtain the licences shall be conducted by FOCA-recognised experts in accordance with FOCA-approved directives. The admission requirements for the test and the requirements for licence renewal are specified in the directives.

Art. 9 Foreign licences

1 Holders of a foreign licence may apply to the entity designated by the FOCA to have the licence officially recognised in order that they may carry out occasional, non-commercial flights with a hang glider with or without an accompanying person. 2 Holders of a foreign licence that entitles them to carry out an economic activity in the issuing State may apply to the agent designated by the FOCA to have the licence recognised in order that they may carry out training flights and commercial tandem flights in Switzerland, provided that one of the following treaties authorises them to do so: a. the Agreement of 21 June 1999 between the European Community and its member states, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (AFMP), Annex 3; b. the Convention of 4 January 1960 on the establishment of the European Free Trade Association (EFTA Convention), Annex K. 3 Service providers with a licence giving them the right to pursue an economic activi

Para. 2 let. a — SR 0.142.112.681 Para. 2 let. b — SR 0.632.31 Para. 3 — SR 935.01

Art. 10 Licence-carrying requirement

Pilots must carry their licence when flying a hang glider.

Art. 11 Traffic and operating regulations

1 Taking off and landing on public roads and ski pistes is prohibited. 2 When flying, pilots must maintain an adequate distance from or avoid assemblies 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 apply. 4 The use of hang gliders on public waters is subject to federal legislation on inland navigation and any relevant cantonal regulations. 5 The towing of hang gliders using winches, vehicles or boats to an altitude exceeding 150 metres above the ground is subject to authorisation from the FOCA. 6 In addition, the regulations applicable to gliders in Regulation (EU) No 923/2012 and the DETEC Ordinance of 20 May 2015 on Traffic Regulations for Aircraft apply, with

Para. 6 — SR 748.121.11

Art. 12 Flight restrictions

1 The use of hang gliders below a height of 2,000 feet above the reference point of an aerodrome without a control zone (CTR) or with an inactive CTR is prohibited: a. within a distance of 5km from the runways of a civil aerodrome intended for use by aircraft; b. within a distance of 5km from the runways of a military aerodrome intended for use by aircraft during military flight duty times; c. within a distance of 2.5km from a helipad reference point. 2 If safety is guaranteed, exceptions to these restrictions may be authorised: a. at aerodromes with air traffic control services: by the air traffic control unit in agreement with the aerodrome manager; b. at other aerodromes: by the aerodrome manager.

Art. 13 Third-party liability insurance

1 Third-party liability claims made by third parties on the ground must be covered by the aircraft keeper in a third-party liability insurance policy with guaranteed cover of at least one million francs. 2 The keeper of a tandem aircraft must have liability insurance for a guaranteed amount to cover passenger liability claims; the guaranteed amount for commercial flights is at least five million francs, and for other flights, one million francs. 3 If the keeper is resident abroad, a foreign third-party liability insurance policy in their name with the same guaranteed cover is sufficient for flights in Switzerland, provided this policy also covers third-party claims made in Switzerland. 4 The pilot must carry the third-party liability insurance certificate when flying the aircraft.

Art. 14 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 2005 or an earlier version that was applicable at the time of type certification. 2 They may only take off from and land at aerodromes. 3 Authorisation from the aerodrome manager is required for take-off and landing.

Para. 1 — The airworthiness requirements can be obtained for a fee from the German Federal Aviation Office or from the publisher acting on its behalf at www.lba.de > LBA/Aussenstellen > Gesetze und Verordnungen > Nachrichten für Luftfahrer und Luftfahrthandbuch.

Section 2 Manned Kites, Paragliders and Tethered B

Art. 15 Authorisation requirement and third-party liability insurance

1 Manned kites, paragliders and tethered balloons may only be flown with authorisation from the 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 keeper in a third-party liability insurance policy with guaranteed cover of at least one million francs.

Art. 16 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 set out in Implementing Regulation (EU) No 923/ 2012; b. the regulations contained in this Ordinance, where applicable.

Section 3 Parachutes

Art. 17 Traffic regulations

Parachute jumps are subject to the regulations contained in SERA 3101, 3115, 3125, 3145, 3201 and 3205.

Art. 18 Authorisation requirement

1 Parachute jumps over and in the vicinity of aerodromes or in Class C or D airspace require authorisation. 2 Authorisation shall be granted by the competent air traffic control unit or, if there is no such unit at the aerodrome, by the aerodrome manager.

Art. 19 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 cross. 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 landowner. 3 Landing on public roads is prohibited. Landing in densely populated zones of settlements or on public waters is only permitted with the consent of the competent police authorities.

Art. 20 Jump supervision

1 Jumps must be made under the direct supervision of a responsible person. 2 They may only be made when an observer has confirmed by radio or signals that the required airspace is free of aircraft.

Art. 21 Third-party liability insurance

1 Third-party liability claims made by third parties on the ground must be covered by the parachute keeper in a third-party liability insurance policy with guaranteed cover of at least one million francs. 2 In the case of an emergency jump, the policy for the aircraft that covers third-party liability claims of third parties on the ground must also cover the use of the parachute. 3 The third-party liability insurance certificate must be carried during the jump.