English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 20 Subject of the investigation
1 The STSB shall investigate the incidents of which the reporting office is notified provided the investigation conducted may serve to prevent further incidents or there is an obligation to do so under international agreements. 1bis It shall decide immediately, but at the latest within two months of receiving notification of an incident, on whether to open an investigation, provided the required information is available. 2 It investigates incidents that occur abroad only if: a. an investigation into an incident in a foreign state is assigned to the Swiss authorities; b. the incident occurs outside the sovereign territory of any state; or c. no foreign investigating authority is prepared to conduct the investigation. 2bis It does not investigate incidents involving aircraft in accordance with Annex 1 of Regulation (EU) 2018/1139. It may investigate these incidents if it is suspected that an investigation may provide important findings that could prevent further incidents or if there is
Para. 1 — Amended by No I of the O of 10 April 2024, in force since 1 July 2024 (AS 2024 182). Para. 1bis — Inserted by No I of the O of 10 April 2024, in force since 1 July 2024 (AS 2024 182). Para. 2 let. a — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 2bis — Inserted by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 21 Opening and discontinuing the safety investigation
1 The Investigation Bureau opens a preliminary investigation. 2 The preliminary investigation determines whether an investigation could help to prevent further incidents or whether a reporting duty applies under international agreements. 3 If an investigation is opened, the Investigation Bureau appoints the person responsible for leading the investigation. It may assign other staff or appoint external specialists to assist this person. 4 If the Investigation Bureau determines during the investigation that the investigation cannot prevent further incidents and that no reporting duty applies under international agreements, it shall discontinue the investigation. It shall document and publish the reasons for the discontinuation.
Art. 21 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 22 Recusal
1 Persons assigned to work on the safety investigation shall recuse themselves if they: a. have a personal interest in the matter; b. are employed by an undertaking involved, are a member of its management bodies or are entrusted with its audit; c. are related in direct or collateral line or by marriage, engagement or adoption to: 1. an owner, proprietor, or operator of a means of transport or of transport infrastructure that is involved in or affected by the incident, 2. a manager or a member of a management body of an undertaking involved, 3. a person involved in or affected by the incident, 4. any other person with an interest in the outcome of the investigation; d. may not be impartial for any other reason. 2 If they have an interest in an undertaking that is involved, they must inform the Director of the Investigation Bureau. 3 If there is any dispute over recusal, the STSB decides.
Para. 1 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 23 Coordination with prosecution and administrative authorities
1 The safety investigation is conducted irrespective of any criminal or administrative proceedings. 2 The prosecution and administrative authorities and the STSB shall coordinate their activities. 3 They shall provide each other with investigation documents, assessments and records free of charge.
Para. 1 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 24 Use of information in criminal proceedings
The information that any person provides in terms of a safety investigation may only be used in criminal proceedings with that person’s consent.
Art. 25 Civil aviation: coordination with military courts
If Swiss military aircraft are involved in an incident, the person leading the investigation and the competent military courts shall coordinate their activities.
Art. 26 Recording personal details
The prosecution authorities and the persons responsible for the undertaking involved and, if applicable, the aerodrome management shall record the names and addresses of persons who could provide useful information.
Art. 27 Security measures and duty to guard the site
1 The Investigation Bureau shall order the required security measures, in particular the guarding of the accident site, and shall decide on when to revoke such measures relating to the accident site. Measures by the prosecution authorities are reserved. 2 The prosecution authorities and the persons responsible for security and rescue operations shall ensure that no changes are made to accident site other than those required for the security and rescue operations. 3 Dead bodies may only be removed with the consent of the Investigation Bureau and the prosecution authority. In clear cases of suicide affecting public transport undertakings only, the consent of the Investigation Bureau is not required. 4 Any changes made to the accident site must be documented. 5 Image recordings, sound recordings, functional statuses of safety devices and other data that could assist in establishing the causes and circumstances of the incident must be secured immediately.
Art. 28 Access to the accident site
1 Until the Investigation Bureau begins its activities, the prosecution authority decides who has access to the accident site. Thereafter the Investigation Bureau decides in consultation with the prosecution authority. 2 The persons responsible for the security and rescue operations and the prosecution authorities shall have unlimited access. 3 The representatives of the competent federal authorities, authorised persons from a foreign state and other persons who can establish a prima facie legal interest in the outcome of the safety investigation shall be granted access provided the safety investigation activities are not disrupted thereby.
Para. 3 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 29 Investigation activities
1 The Investigation Bureau shall carry out the required investigation activities. It may dispense with certain investigation activities if unreasonably high costs would be incurred in order to carry out such activities when compared with the expected results. 2 It may instruct external specialists to deal with special technical issues. 3 It may require the undertakings involved or the air traffic control bodies to provide electronic records in a form that can be read without taking special technical measures. 4 The originals of the records must be held in safekeeping. They may only be deleted with the authorisation of the Investigation Bureau and the competent law enforcement authority.
Art. 30 Public transport: Duty of undertakings to provide support
1 The undertakings involved must, insofar as it is necessary and possible, organise the transport of Investigation Bureau members and other persons involved in the safety investigation from the nearest accessible station to the accident site. 2 They must provide the Investigation Bureau free of charge with the personnel and technical aids that are immediately required for the investigation activities at the accident site. 3 They must provide free of charge the vehicles, infrastructure, personnel, technical aids and required documents that are required for follow-up investigations and trial runs.
Art. 30 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 1 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 3 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 31 Summons
1 The Investigation Bureau may summon persons who can provide the useful information. The form and content of the summons are governed by Article 201 of the Criminal Procedure Code (CrimPC). 2 The summons shall be served at least three days prior to the date fixed. When determining the date, appropriate account shall be taken of the availability of the person being summoned. 3 In cases of urgency or with the consent of the person being summoned, the requirements relating to form and deadlines may be waived.
Para. 1 — SR 312.0
Art. 32 Searches
1 The Investigation Bureau may search items of property, records, buildings, dwellings and other not generally accessible areas. 2 It may only conduct a search with the consent of the authorised proprietor; the foregoing does not apply to records. 3 The consent of the authorised proprietor is not required if there is reason to believe that important information relating to the cause of the incident is being withheld from the Investigation Bureau. 4 Searches are governed by Articles 245–247 and 248 paragraphs 1, 2 and 4 CrimPC. 5 The Federal Administrative Court shall decide within one month on any request for the removal of seals filed by the Investigation Bureau. The decision is final.
Para. 4 — SR 312.0
Art. 33 Seizure
1 The Investigation Bureau may seize incident-related items of property, their constituent parts and any other useful items. 2 Seizure is governed by Articles 264 paragraphs 1 and 3, 265 paragraphs 1, 2 and 4, 266 paragraphs 1 and 2 and 267 paragraphs 5 and 6 CrimPC.
Para. 2 — SR 312.0
Art. 34 Medical investigations
1 The Investigation Bureau may require persons involved in the operation of a means of transport to undergo a medical examination of their physical or mental condition. 2 Intervention in a person’s physical integrity may be ordered provided it does not cause particular pain or any risk to health. 3 Examinations are governed by Article 252 CrimPC.
Para. 3 — SR 312.0
Art. 35 Autopsies
1 The Investigation Bureau shall arrange for a forensic medicine institute to conduct an autopsy if persons concerned in the operation of a means of transport involved are killed in an accident or die later as the consequence of the accident. 2 It may the order an autopsy for other persons who have died as a result of the accident. 3 It shall inform the competent law enforcement authority before releasing the body.
Art. 36 Obtaining expert opinions
1 The Investigation Bureau may obtain expert opinions. 2 The procedure is governed by Articles 182, 183 paragraph 1, 184 with the exception of paragraph 2 letter f, paragraph 3 and paragraph 7, 185 with the exception of an appearance enforced by the police in paragraph 4, 187, 189 and 190 CrimPC.
Para. 2 — SR 312.0 Para. 2 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 37 Maritime navigation: Compulsory measures
The compulsory measures provided for in this Ordinance (Art. 31–35) only apply in the case of maritime navigation to the extent that they have a basis in the Navigation Act of 23 September 1953.
Art. 37 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). SR 747.30
Art. 38 Release of accident-related items of property
The Investigation Bureau decides on the release of accident-related items of property or their component parts. Orders issued by the law enforcement authorities are reserved.
Art. 39 Investigation activities ordered by interested parties
1 Interested parties may propose that the Investigation Bureau carry out specific investigation activities. 2 There is no right to have specific investigation activities carried out.
Art. 40
Repealed by No I of the O of 13 Sept. 2024, with effect from 1 Jan. 2025 (AS 2024 511).
Art. 41 Transcript
1 A summary transcript shall be made of interviews with persons who can provide useful information. The interviewer and interviewee shall both sign the transcript. If an interviewee does not sign, the reason must be stated in the transcript. 2 Instead of a summary transcript, an audio recording may be made of the interview. A transcript may be made of recorded interview if this is required for the investigation. 3 The place, date, start and end times of the interview must be noted in the transcript or stated on the recording.
Art. 42 Investigation notes
1 The examination of incident-related items of property, inspections, measures to reconstruct the events of the incident, witness interviews and further investigation activities shall be recorded in investigation notes. 2 The investigation notes must be dated and signed by the person leading the investigation or the authorised investigator.
Art. 43 Preliminary report
1 If an investigation is opened, the Investigation Bureau shall issue a preliminary report. This shall as a minimum contain particulars of the persons and means of transport involved, the course of events and the person leading the investigation. 2 The preliminary report shall be sent for information purposes to the personnel, proprietors, owners and operators of the means of transport involved and the body responsible for supervision. If the supervisory body is a federal authority, the preliminary report shall also be sent to the competent department. The disclosure of names is governed by Article 54. 3 The provision of information to the competent foreign authorities and organisations is governed by international agreements.
Art. 43 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 44 Interim report
1 The Investigation Bureau shall immediately compile an interim report containing the essential results of the investigation that are relevant for the prevention of further incidents and which may require immediate measures, as well as corresponding safety deficits and recommendations. 2 The Investigation Bureau shall send the draft of the interim report for comment to the supervisory bodies and the parties directly affected by implementation of the safety recommendation. If the supervisory body is a federal authority, the Investigation Bureau shall also send the interim report to the competent department. 3 The Investigation Bureau shall send the draft of the interim report to the competent foreign authorities and bodies for comment if this is required by international agreements. 4 It shall set a deadline for responses that is appropriate to the urgency of the situation. 5 It shall revise the interim report after appropriate assessment of the responses. 6 It shall immediately send th
Art. 44 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 45 and 46
Repealed by No I of the O of 13 Sept. 2024, with effect from 1 Jan. 2025 (AS 2024 511).
Art. 47 Final report
1 The Investigation Bureau shall summarise the results of the investigation in a final report. 2 The final report incorporates the content and structure of the relevant international law and, as a minimum, provides information on: a. the persons, undertakings, means of transport and transport infrastructure involved and concerned; b. the events of the incident and their causes and circumstances; c. the extent of the injuries to persons and damage to property; d. the results of the investigations and expert opinions. 3 If safety deficits have been established, the final report shall contain related safety recommendations. In the final reports, the STSB may issue safety recommendations to the companies and organisations connected to the mode of transport. 4 The Investigation Bureau shall send a draft of the final report for comment to the parties that are directly concerned and involved. If the supervisory body is a federal authority, the Investigation Bureau shall also send the draft to
Art. 47 — Term in accordance with No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). This amendment has been made throughout the text. Para. 2 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 3 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 4 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 4bis — Inserted by No I of the O of 10 April 2024,
Art. 48 Safety recommendations
1 The STSB shall submit the safety recommendations to the competent supervisory body. If the supervisory body is a federal authority, the STSB shall also notify the competent department. In the case of urgent safety issues, it shall notify the competent department immediately. 1bis It shall submit safety recommendations to foreign authorities if this is required by international agreements. 2 The recipients of the safety recommendations shall report to the STSB periodically on the implementation of the recommendations or on the reasons why they have decided not to take measures. 2bis If the recipient is a federal authority, it shall also report to the competent department. 2ter The STSB shall respond to the federal offices’ implementation reports. It may respond to the federal authorities’ implementation reports for the attention of the competent department. 3 The competent department may instruct the competent federal office to implement recommendations.
Para. 1 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 1bis — Inserted by No I of the O of 10 April 2024, in force since 1 July 2024 (AS 2024 182). Para. 2 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 2bis — Inserted by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 2ter — Inserted by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 49 Reopening the investigation
If important new matters come to light within ten years of approval of the final report, the Investigation Bureau shall reopen the investigation on its own initiative or on request.
Art. 50 Costs of the safety investigation
1 The persons who caused the incident may be required to pay the following shares of the investigation costs: a. in the case of wilful conduct: 50–75 per cent; b. in the case of grossly negligent conduct: 25–50 per cent. 2 The costs of policing duties in connection with an incident are not investigation costs, unless the Investigation Bureau has expressly assigned investigation duties to the police. 3 The costs of recovering and disposing of aircraft shall be borne by the proprietors, regardless of whether the recovery is ordered for the purposes of the safety investigation. The recovery costs shall also include transport from the incident location to the STSB’s storage location and removal or disposal after the wreckage is released.
Art. 50 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 3 — Inserted by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 51 Inspection of files
1 If an investigation is conducted, the following persons may file a request to inspect the case files: a. persons directly concerned by the investigation; b. the competent federal authorities or bodies responsible for supervision; c. the prosecution authorities; d. the persons involved in the investigation who represent a foreign state. 2 Unless otherwise provided for by law, the right to inspect files may be limited, refused or postponed if the interests of the investigation under this Ordinance or of another ongoing investigation so require. 3 If the investigation has been concluded, the Investigation Bureau shall make the files available on request to the competent investigating, court and administrative authorities for the purposes of their proceedings, subject to Article 24.
Para. 1 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 1 let. b — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 1 let. c — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 2 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 3 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511).
Art. 52 Deadlines
1 Safety investigations into incidents must be concluded within 12 months. 2 In the case of incidents involving large aircraft or maritime vessels, a deadline of 18 months applies. A large aircraft is an aircraft with a maximum permissible take-off weight of at least 5700 kg that is classified in the airworthiness category Standard, subcategory Transport or has more than ten seats for passengers and crew. 3 If the deadline cannot be met, the person leading the investigation shall notify the Director of the Investigation Bureau and explain the delay. The Director of the Investigation Bureau shall allow an appropriate additional period. 4 If an additional period is granted, the Investigation Bureau shall decide whether to publish a report on the status and progress of the investigation and on any safety issues on the anniversary of the incident. In doing so, it shall take account of the provisions of international law and the seriousness of the incident.
Para. 1 — Amended by No I of the O of 13 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 511). Para. 4 — Inserted by No I of the O of 10 April 2024, in force since 1 July 2024 (AS 2024 182).