Facts
By penal order dated March 30, 1987, the Federal Office of Civil Aviation (FOCA) fined X. for violating Art. 48 para. 1 of the Air Navigation Ordinance (LFV) and Art. 7 of the Ordinance on the Rights and Duties of the Commander of an Aircraft (Commander's Regulations, VKL). X. was accused of having carried out outdoor landings with a helicopter in Ringlikon/ZH on August 21, August 25, and September 6, 1986, without being in possession of an outdoor landing permit for non-commercial flights. The single judge in criminal matters at the District Court of Zurich confirmed the FOCA's penal order on October 30, 1987, after supplementing the investigation, both in terms of guilt and punishment.
Considerations
The Federal Supreme Court found that not every outdoor landing carried out by a still relatively inexperienced holder of a private helicopter pilot's license, who is seeking to acquire an extension for mountain landings, accompanied by a flight instructor, is for training purposes. The three incriminated outdoor landings in Ringlikon/ZH, all of which took place at the same location at an altitude of only 633 m above sea level, did not appear to be part of training for the purpose of acquiring the mountain extension, but rather as quite ordinary, relatively simple outdoor landings, the main purpose of which was to allow a companion of the appellant to disembark. The outdoor landings thus served not for training but for practice purposes, and the flight instructor [Z.] accompanied the appellant as a knowledgeable passenger. Since the incriminated outdoor landings were therefore not carried out for training purposes within the meaning of Art. 48 para. 2 LFV, the required permit could not be issued by [Z.] but only by FOCA. This permit was lacking, so the objective elements of Art. 48 para. 1 LFV in conjunction with Art. 91 LFG were fulfilled.
As the…