Rs 740.1 Federal Law Of December 19, 2008 On The Transfer From Road To Rail Of Heavy Freight Transport Through The Alps (Law On The Transfer Of The Carriage Of Goods, Lttm)

Original Language Title: RS 740.1 Loi fédérale du 19 décembre 2008 sur le transfert de la route au rail du transport lourd de marchandises à travers les Alpes (Loi sur le transfert du transport de marchandises, LTTM)

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740.1 Federal law on the transfer from road to rail of heavy freight transport through the Alps (law on the transfer of the carriage of goods, LTTM) of December 19, 2008 (Status January 1, 2010) the Federal Assembly of the Swiss Confederation, view of art. 84 of the Constitution, given the agreement of 21 June 1999 between the Swiss Confederation and the European Community on the carriage of goods and passengers by rail and road, saw the message of the federal Council on 8 June 2007, stop: art. 1 goal to protect the Alpine regions, it is necessary to transfer from road to rail heavy freight transport through the Alps in accordance with the principle of sustainable development.
As part of the transport heavy goods across the Alps, the relationship between the various means of transport must be balanced on ecological and in line with the needs of the economy.

Art. 2 scope of application this Act applies to all modes of transport, provided that they have an influence on the heavy transport of goods across the Alps.

Art. 3 goal of the transfer for heavy freight transport through the Alps by highways (art. 2 of the Federal Act of 17 June 1994 on road transit in the alpine region), the goal is not to exceed 650 000 annual races.
This is to be achieved no later than two years after the commissioning of the Gotthard base tunnel.
The objective must be met in a sustainable manner and may be exceeded only in some years due to the intense development of the economy and transport.
As an interim target, the number of annual races may not exceed a million from 2011.

RS 725.14 art. 4 assessment and management of the federal process of transferring the Council regularly evaluates the effectiveness of this Act and in time takes all measures within its jurisdiction who are needed to achieve the goal and purpose of the transfer.
It reports every two years of its action to the Federal Assembly in a report. The latter includes proposals on the intermediate objectives and measures to be taken.
The measures must be proportionate, sustainably meet the requirements of the market and do not have discriminatory effects.

Art. 5 temporary increase in overall royalty on Alpine transit for the race of a heavy road vehicle through the Alps, the federal Council may increase the maximum amount of the overall fee on Alpine transit of 12.5% at most for six months if the rate of capacity utilisation of rail freight transport through the Alps is less than 66% for ten weeks despite the competitive prices of rail transport companies.
It may extend the validity of the increase in the maximum amount after six months.
It can increase the maximum amount one time within five years of an increase, but as soon as possible: a. twelve months after the expiry of a period of validity of six months; (b) 18 months after the expiration of a period of validity of 12 months.

Art. 6 Alpine transit award the federal Council can conclude international treaties on the scholarship of Alpine transit created in coordination with foreign countries. He submits to the Federal Assembly a draft Act shall attach a message to the implementation.
These treaties and any other agreements are specific to reach the goal and purpose of the transfer. Any relaxation of the ban on Sunday and overnight or any increase in the maximum weight allowed for motorized vehicles are particularly excluded.
As part of the Alpine transit Exchange, rights allowing races of heavy road vehicles through the Alps (rights of way) are auctioned in a non-discriminatory manner, according to the principles of the market economy.
After the establishment of the scholarship of Alpine transit, only heavy road vehicles and their trailers registered in Switzerland or abroad who have a right of passage can cross the Alps on transit roads.
The federal Council sets the number of rights of way auctioned each year. To do this, it is the purpose of the transfer.
The federal Council provides exceptions in the interest of the heavy transport of goods across the regions of the Alps.

Art. 7 use of the net proceeds from the scholarship of the net proceeds of the Alpine transit Exchange Alpine transit is particularly used to finance measures to achieve the goal of the transfer.

Art. 8 promotion of rail transport of goods so that the objective of the transfer, the Confederation may adopt measures of promotion. In the first place, it will encourage unaccompanied on long-distance combined transport. These measures must not have a discriminatory effect on Swiss or foreign firms practicing the transport of goods.
The average amount of compensation awarded by transported shipment must decrease every year.
The promotion of accompanied combined transport (rolling road) must be performed in addition to unaccompanied combined traffic.

Art. 9 execution the federal Council regulates the enforcement of this Act. It can delegate to the cantons or private organizations all or part of the management of the Alpine transit Exchange.

Art. 10 repeal of the law in force the law of 8 October 1999 on the transfer of traffic is repealed.

[RO 2000 2864]

Art. 11 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force.

Date of entry into force: 1 January 2010 RO 2009 5949 RS 101 RS FF 2007 4147 ACF from 4 nov 0.740.72. 2009 (2009 5952 RO).

Status as of January 1, 2010

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