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RS 740.1 Federal Act of 19 December 2008 on the transfer of the road to rail from heavy goods transport across the Alps (Freight Transport Transfer Act, 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 Act On the transfer of the road to the rail of heavy goods transport across the Alps

(Transportation of Goods Transfer Act, LTTM)

On 19 December 2008 (State 1 Er January 2010)

The Swiss Federal Assembly,

See art. 84 of the Constitution 1 , having regard to 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 2 , given the message of the Federal Council of 8 June 2007 3 ,

Stops:

Art. 1 Purpose

1 In order to protect the Alpine regions, the heavy transport of goods across the Alps must be transferred from road to rail in accordance with the principle of sustainable development.

2 In the context of the heavy transport of goods across the Alps, the relationship between the various means of transport must be ecologically balanced and in line with the needs of the economy.

Art. 2 Scope of application

This Law shall apply to all modes of transport, provided that they have an influence on the heavy transport of goods through the Alps.

Art. 3 Purpose of Transfer

1 For the heavy transport of goods across the Alps by transit routes (art. 2 of the PMQ of 17 June 1994 on road transit in the Alpine region 1 ), the objective is not to exceed 650,000 annual races.

2 This objective must be achieved no later than two years after the introduction of the Gotthard Base Tunnel.

3 The objective must be met in a sustainable manner and can only be exceeded in certain years due to the particularly intense development of the economy and transport.

4 As an interim objective, the number of annual races will not exceed one million as of 2011.


Art. 4 Evaluation and management of the transfer process

1 The Federal Council shall regularly evaluate the effectiveness of this Law and shall, on time, take all measures within its competence which are necessary to achieve the intended purpose and objective of the transfer.

2 He reports every two years to the Federal Assembly in a report. The latter includes proposals for intermediate objectives and the measures to be taken.

3 The measures must be proportionate, in a sustainable manner consistent with the requirements of the market and not have discriminatory effects.

Art. 5 Temporary increase in the overall royalty on Alpine transit

1 For the race of a heavy road vehicle across the Alps, the Federal Council may increase the maximum amount of the overall Alpine transit fee by 12.5 % at most for six months if the rate of use of the transport capacity Freight rail through the Alps is less than 66 % for ten weeks despite the competitive prices charged by rail transport companies.

2 It may extend the period of validity of the increase in the maximum amount by six months.

3 It can only increase the maximum amount once within five years of an increase, but at the earliest:

A.
Twelve months after the expiry of a term of six months;
B.
18 months after the expiry of a validity period of twelve months.
Art. 6 Alpine transit exchange

1 The Federal Council may conclude international treaties relating to the Alpine transit exchange established in coordination with foreign countries. He submitted a draft act to the Federal Assembly and attached a message for implementation.

2 These treaties and possible other agreements are specific to the purpose and purpose of the transfer. Any relaxation of the travel ban on Sunday and night or any increase in the maximum authorised weight for motorised vehicles is excluded.

3 In the framework of the Alpine transit exchange, rights permitting the 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.

4 After the establishment of the Alpine transit exchange, only heavy road vehicles and their trailers registered in Switzerland or abroad who benefit from a right of way can cross the Alps on the transit routes.

5 The Federal Council sets the number of rights of way to be auctioned each year. To do so, it is committed to the objective of the transfer.

6 The Federal Council provides for exceptions, in particular in the interests of heavy goods transport across the Alpine regions.

Art. 7 Use of the net proceeds of the Alpine transit exchange

In particular, the net proceeds of the Alpine transit exchange are used to finance measures to achieve the objective of the transfer.

Art. 8 Promotion of rail freight transport

1 For the purpose of the transfer to be achieved, the Confederation may adopt promotional measures. In the first place, it will encourage combined unaccompanied traffic over great distances. Such measures shall not have any discriminatory effect on Swiss or foreign companies engaged in the carriage of goods.

2 The average amount of allowances paid per consignment must be reduced each year.

3 The promotion of combined combined traffic (rolling carriageway) shall be carried out only in addition to that of unaccompanied combined traffic.

Art. Executing

The Federal Council shall set out the rules for the implementation of this Law. It may delegate to the cantons or private organisations all or part of the management of the Alpine transit stock exchange.

Art. 10 Repeal of the law in force

The Law of 8 October 1999 on the transfer of traffic 1 Is repealed.


Art. 11 Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 1 Er January 2010 4


RO 2009 5949


1 RS 101
2 RS 0.740.72
3 FF 2007 4147
4 ACF of Nov. 4, 2009 ( RO 2009 5952 ).


State 1 Er January 2010