Rs 742.142.1 Order Of 2 February 2000 On The Procedure For Approval Of The Plans For The Railway Facilities (Opapif)

Original Language Title: RS 742.142.1 Ordonnance du 2 février 2000 sur la procédure d’approbation des plans pour les installations ferroviaires (OPAPIF)

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742.142.1 order on the procedure for approval of the plans of railway facilities (OPAPIF) of 2 February 2000 (State on November 1, 2014) the Swiss federal Council, view the art. 97 of the Act of 20 December 1957 on the railways (EBG), view the art. 16 of the law of June 24, 1902 on the electrical, stop: art. 1 purpose this order regulates the procedure for approval of the plans of buildings and facilities, current installations strong and current low is included, which serve as exclusive or predominant way to the operation of the railroad (railway).
Plans requirements vehicles and the procedure for approval of these plans are governed by the Ordinance of 23 November 1983 (OCF) railways, by the enforcement provisions of the OCF on 15 December 1983 (OF OCF) and, in the alternative, by the present order.
The procedure for approval of the plans of the railway facilities applies by analogy to the determination of the reserved areas and alignments.

New content according to Chapter 5 of the annex to the Oct. 9 O. 2013, in effect since Dec. 1. 2013 (2013 3509 RO).
SR 742.141.1 art. 1aEtablissement and modification of buildings or facilities not subject to approval constructions and facilities referred to in the annex can be established or changed without be subject to the procedure for approval of the plans: a. If they receive no interest worthy of protection of the territory, protection of the environment, nature and heritage management or third party; (b) if they require no permission or approval based on other provisions of federal law.

In case of doubt, the simplified procedure is executed.
The railway companies submit annually to the federal Office of transport (FOT) a list of buildings and facilities established or changed without approval.

Introduced by section I of O from 4 July. 2012, in effect since August 1, 2012 (RO 2012 4057).

Art. 2 coordination of the procedure for approval of the plans and the procedure for the grant of a concession of infrastructure the procedure for approval of the plans and the procedure for the grant of a concession of infrastructure can be combined into a single. In such cases, the plans must meet the requirements of this order and those of the order of 25 November 1998 on the granting of concessions for rail infrastructure.

[RO 1999 689. RO 2009 5981 art. [26]. see currently O Nov. 4. 2009 on concessions and financing of railway infrastructure (RS 742.120).

Art. 3application of plan approval the application for approval of the plans must provide all the information necessary for the evaluation of the project.
For any project, there is need to provide the following documents: a. request for approval of the plans; b. Summary of the project; c. technical report; d. plan together; e. plans of situation; f. profile; g. normal patterns and profiles across features; h. space profiles free determinants; i. use agreements and project of the bearing structures; j. Requests for exceptions to the prescriptions of the OCF and the OF-OCF (art. 5 OCF) and approval in special cases, derogations provided for by these regulations and possible under certain conditions; k. reports of security (art. 8B OCF); l. evaluation of safety reports; Mr. the experts review reports accompanied by the position taken by the applicant on the implementation of the results of the review; n. report of environmental impact (for projects under the EIA regime) list of control environment (for projects not subject to the regime of the EIA); o. indications on the land required, other real rights and easements as well as on the means provided to acquire and the State of negotiations; p. plan to picket.

For projects on interoperable sections (art. 15, para. 1, let a, OCF), it is necessary to provide, in addition to the documents listed in para. 2: a. all documents presented for control to the independent control bodies (art. 15r and 15t OCF); b. when a notified body is involved (art. 15r OCF): the declaration "CE" audit, all "THIS" certificates of verification and all technical records prepared by the organizations and independent control mandated on the planning of the project until the filing of the application; c. the requests for exceptions to ITS (art. 15th OCF).

For projects on interoperable stretches without involvement of a notified body, there are held to provide, in addition to the documents listed in para. 3, all the certificates and reports of independent regulators mandated on the planning of the project until the filing of the application.
If necessary, the approval authority (art. 18, para. 2, EBG) may require additional documents.
The OFT issues directives on the nature, characteristics, content and the number of the documents.

New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1691 RO).
RS 742.141.1 RS 742.141.11 art. 4 picketing the following prescriptions apply to the picketing referred to in art. 18 c, al. 1, EBG: a. the perimeter of the ground to acquire must be marked and all the surfaces attached to this field which are necessary for ecological compensation measures; (b) the outer edges of the buildings and works of art as part of the installation, except for holders of long-range transmission lines, must be marked by profiles; c. If a clearing is required clearing surfaces or trees to remove should be indicated.

Art. 5 substantial changes in the project; procedure if the initial project undergoes significant change during the procedure for approval of the plans, amended must be resubmitted to stakeholders for review or, where appropriate, the public inquiry.
If the plans are changed after they have been approved, changed parties subject to a new procedure.
Unless otherwise ordered by the authority responsible for the approval of plans, the work involving the same parties can continue if the installation is already under construction.

Art. 6 notification of the approval of the plans and start of construction the decision for approval of the plans must be notified to the applicant on the cantons and communes involved in the procedure, the involved federal authorities and opponents.
It is not notified to the opponents if their applications have been the subject of a separate decision having the force of res judicata.
In approving the plans, the approval authority may authorize the immediate start of construction of the facility or parts of it: a. If all oppositions are resolved; (b) if the cantons concerned and specialized federal services made no objection. etc. If the beginning of the work is unrelated to irreversible changes.

New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1691 RO).

Art. 6aEmoluments emoluments are governed by the order of 25 November 1998 on the emoluments of the OFT.

Introduced by section II of the O on 16 March 2001, in force since April 1, 2001 (RO 2001 1081).
SR 742.102 art. 7 costs of publications rail supports expenses related to the publication of the application in the official organs of the cantons and communes.

Art. 8 period of treatment as a general rule, applications are processed in the following time limits: a. 12 months for the ordinary procedure for approval of the plans; b. 18 months when expropriations are necessary; c. 4 months for the simplified procedure for approval of the plans.

The period begins to run as soon as the approval authority has received all the documents required in support of the request.

Art. 9 repeal of the law in force the order of December 23, 1932, on the construction of railway projects is repealed.

[RS 7 31; RO 1984 1436, 1991 1476 art. 34 ch. 2, 1999 689 art. 11, al. 2 704 ch. II 24] art. 10 amendment of the law in force.

Mod. can be found at the RO 2000 741.

Art. 11 transitional provision the old law applies to the requirements on applications submitted before the entry into force of this order.

Art. 12 entry into force this order comes into force on 1 March 2000.

Annex (art. 1 a, para. 1) Constructions and facilities within the meaning of art. 1A


a. restoration of works, without changing the outside appearance or bearing structures; b. renovation of building components with the exception of the bearing structures, without changing the outside appearance, to the extent where there is no negative influence on the structures carriers; c. maintenance of surfaces to hard coating (roads, places), without changing the system evacuation and infiltration of surface water; d maintenance of the superstructure. without change to the route or drainage, without a change in the type of material of the superstructure with the exception of approved components or already approved, insofar as there is no negative influence on the superstructure; e. dismantling of crossings with replacement of the channels, without changing the trace, without touching the hands of protection, without removal of rail expansion devices; f. service components of level crossings engineering without significant change height track or the road, without changing the system of crossing unless we use components approved or already approved, insofar as there is no negative influence on the superstructure; g. renovation of the line of contact, with components approved or already approved, without change to the circuit or topology , without an extension of the maximum range in the section to turn without falling below safety distances; h. dismantling of positions of coupling; i. new construction and maintenance of building elements for securing or enlargement of the seat, to the extent where it is not the rail traffic loads and is not a function of support embankments and slope; j. new construction and maintenance of the rails air-conditioning systems components approved or already approved, without construction measure amending the other railway facilities; k. new construction and maintenance of underground pipes of the railroad, with the exception of electrical lines, without temporary works placed in the area of influence of the railway charges and without construction measure amending the railway facilities; l. adaptation of sectioning in train stations , with use of approved or already approved components and without falling below safety distances; Mr. renovation of pairing stations, with use of approved or already approved components and without fall below safety distances; n. renovation of heaters of the devices of track and transformers on the pylons of the line of contact, with components approved or already approved and without change of the concept of ground nor power; o. facilities of remote control for the power supply to traction and line contact, insofar as only features with little or no impact on security are concerned; p. electric facilities governed by the 7 November 2001 ordonnancedu facilities to low voltage, without a change in the concept of ground; q. equipment stops such as vending machines and billboards , without the walls of the waiting rooms; r. maintenance of bearing structures, without changing the outside appearance, without significant change the dimensions or the type of construction, without change of use requirements; s. works of retaining length ≤500 m, height ≤1, 50 m, located outside the area of influence of the loads, rail and road, no anchor, no flow in the slope, without replacement of dry masonry; t. work of securing on the surface of Earth or rock slope , without anchoring of prestressing without nailing; u. removal of low importance of the surface for adaptations dugabarit, no negative influence on other works; v. Interior stations without changing the outside appearance, without change of assignment, without extension of commercial space exploited by third parties, without modification of the bearing structures without editing specifically railway facilities; w. small buildings within the scope of workshops and depots in the field of rail operations on a floor, without basement, surface ≤100 m, without sanitation or heating; x. disassembly of tracks without replacement, length ≤500 m; y. ask cross St-Andre or signals 'streetcar' at level crossings.

Introduced by section II of the O from 4 July. 2012, in effect since August 1, 2012 (RO 2012 4057). Update according to the annex to the Sept. 19 O. in force since nov 1, 2014. 2014 (2014 3169 RO).
Terminology according to SN 588 469 'Conservation of books' 1997 edition, www.sia.ch.
RS 734.27 State on November 1, 2014