Federal Council adopts partially revised Air Transport Ordinance

The Swiss Federal Council adopted the partial revision of the Air Transport Ordinance at its meeting on October 12, 2022. This aims to enhance safety in the transport of dangerous goods by improving oversight of companies and the training of individuals who transport hazardous materials.

(Bern) The maximum liability amounts for compensation for luggage, goods, and passengers will also be adjusted. The changes will come into effect on January 1, 2023.

Radioactive materials, flammable liquids, fireworks, pistols, rat poison, or mercury have one thing in common: they are on the list of dangerous goods of the International Civil Aviation Organization (ICAO). Dangerous goods are items or substances that pose a risk to health or safety for humans and the environment. To ensure that these can be transported even more safely, the training of individuals tasked with handling them will now be conducted according to the new ICAO requirements based on the necessary skills and knowledge. Air transport and postal companies must have their personnel training programs approved by the Federal Office of Civil Aviation (BAZL). Furthermore, there will be a declaration obligation for companies that ship dangerous goods in the future.

Updated maximum liability amounts

The partial revision of the Air Transport Ordinance also provides the opportunity to update the internationally mandated maximum liability amounts. This applies, for example, in the event that a piece of luggage is lost, a flight is delayed, or a passenger dies. In such cases, the airlines are liable – according to the Montreal Convention on the carriage of passengers by air – for this.

The Convention sets the maximum liability amounts. The ICAO increased these amounts at the end of 2019. In Switzerland, the maximum liability amounts are specified in the Air Transport Ordinance and the Aviation Ordinance; both will now be adjusted accordingly.

Regulations and explanations:

https://www.newsd.admin.ch/newsd/message/attachments/73431.pdf

https://www.newsd.admin.ch/newsd/message/attachments/73432.pdf

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