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RS 742.144 Federal Act of 24 March 2000 on the Reduction of Railway Noise (LBCF)

Original Language Title: RS 742.144 Loi fédérale du 24 mars 2000 sur la réduction du bruit émis par les chemins de fer (LBCF)

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742.144

Federal Act on the Reduction of Railway Noise

(LBCF) 1

On 24 March 2000 (State 1 Er March 2014)

L ' Federal Assembly of the Swiss Confederation,

Having regard to art. 74 and 87 of the Constitution 2 , given the message from the Federal Council of 1 Er March 1999 3 ,

Stops:

Section 1 General provisions 4

Art. 1 1 Purpose

1 This Act, which supplements the Act of 7 October 1983 on the Protection of the Environment 2 , rules the reduction of noise emitted by the railways by means of measures on:

A.
Railway vehicles;
B.
The way;
C.
The sound propagation path;
D.
Existing buildings.

2 It also rules the encouragement of investment in particularly silent railway technologies and the research activities of the federal government in the railway sector (research).


1 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
2 RS 814.01

Art. 2 Priorities

1 Noise protection must first be achieved by means of measures applied to railway vehicles and on the road. 1

2 If the measures referred to in para. 1 is not enough, measures must be applied on the propagation path of sound. 2

3 The measures provided for in paras. 1 and 2 shall protect, throughout the network, at least two-thirds of the population exposed to the noxious or reckless railway noise. The remaining third must be protected by the acoustical insulation of the existing buildings.


1 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
2 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).

Art. 3 1 Delays

1 The measures applied to existing railway vehicles and buildings as well as the sound propagation path must be carried out by 31 December 2015.

2 The additional measures referred to in Art. 7 A Must be completed by December 31, 2025.


1 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).

Section 2 Measures applied to railway vehicles 5

Art. 4 Noise Reduction

1 Technical measures to reduce the noise emitted by railway vehicles must be technically and operationally feasible and economically feasible.

2 The Federal Council determines these measures. It takes into account the progress of the technique.

3 The Federal Council sets emission limit values for rail cars on the normal rail network. These values are applicable as of 1 Er January 2020. 1

4 For important reasons, the Federal Council may postpone the entry into force of the limit values by two years. 2

5 Exceptions may include special low-mileage vehicles and historic vehicles. 3


1 Introduced by ch. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
2 Introduced by ch. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
3 Introduced by ch. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).

Art. 5 Contributions

1 The Confederation allocates vehicle owners of vehicles with lost funds intended to cover the costs attributable to the technical measures applied to railway vehicles in operation. Contributions can be made in the form of a package.

2 Railway vehicles conforming to the new noise reduction standards shall be given preferential treatment with regard to the calculation of the coverage contribution.

3 Financial aid shall be granted only for railway vehicles which remain in operation at least until 31 December 2019 or during the ten years following the completion of the noise protection measure. If the vehicles in question are taken out of service prematurely, the financial assistance must be reimbursed. 1


1 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).

Section 3 Measures applied to the track and the propagation path of the sound 6

Art. 6 Emissions Directory

1 The Federal Council shall, after having heard the cantons, establish a repertoire of noise emissions from existing fixed railway installations by 31 December 2015. Noise measures will be planned accordingly.

2 In doing so, the Federal Council will take into account:

A.
The infrastructure that will be in service until December 31, 2015, as well as the volume and composition of the traffic expected on that date;
B.
Foreseeable noise emissions from railway vehicles.
Art. 7 Extent of measures

1 For existing fixed railway installations, the measures applied to the track and the propagation path of the sound shall ensure compliance with the immission limit values. 1

2 The anti-noise measures taken by the owner of the fund will be taken into account.

3 The authority grants concessions where:

A.
Measures would result in disproportionate costs;
B.
Overriding interests, such as the protection of the sites, the nature and the landscape, the safety of traffic or exploitation, oppose the measures.

4 The Federal Council regulates the assessment of proportionality of costs.

5 ... 2


1 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
2 Repealed by c. I of the PMQ of 27. 2013, with effect from 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).

Art. 7 A 1 Complementary measures

1 If relief was granted in accordance with s. 7, para. 3, the Federal Office of Transport may order as early as 2016 measures applicable to the track and other measures to be carried out on the propagation path of sound.

2 The Federal Council regulates the measures and the assessment of the proportionality of costs.


1 Introduced by ch. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).

Art. 8 Costs

The Confederation takes care of the costs of the measures applied to the track and the path of propagation of sound. 1 It allocates the necessary contributions for lost funds. These can be paid in the form of a package.


1 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).

Art. Refund

The costs of anti-noise measures taken since 1985 by homeowners will be reimbursed based on their consideration.

Section 4 Acoustic isolation of existing buildings 7

Art. 10 ... 1

1 If, as a result of the concessions granted, existing fixed railway installations do not meet the alarm values, the owners of existing buildings must isolate the windows of the premises where the noise is considered to be Sensitive or similar measures. The cost of these measures is borne by the Confederation. It allocates the necessary contributions for lost funds.

2 In the event of exceedances of the immission limit values, the Confederation allocates to the owners of existing buildings that isolate the windows of the premises where the noise is considered sensitive or take similar measures 50 % of the means Financial requirements in the form of contributions to lost funds.

3 Contributions can be made in the form of a package.

4 The buildings are considered existing when the building authorization is entered into force before 1 Er January 1985.


1 Repealed by c. I of the PMQ of 27. 2013, with effect from 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).

Section 5 8 Investment Incentives and Research

Art. 10 A

1 The Confederation may grant financial aid for the acquisition and operation of particularly silent cars.

2 The resources allocated to the research are taken from the commitment appropriations for the financing of the reduction of noise emitted by the railways.

Section 6 Final provisions 9

Art. 11 Implementing provisions

The Federal Council shall issue the implementing provisions.

Art. 12 Staff

1 The Federal Council may establish the posts necessary for the application of this Law to the Federal Transport Office and the Federal Office of the Environment 1 , by derogating from the establishment ceiling under the Federal Act of 4 October 1974 establishing measures to improve federal finances 2 .

2 Personnel costs are charged to the commitment appropriation.


1 The designation of the administrative unit has been adapted in accordance with Art. 16, para. 3, of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
2 RS 611.010

Art. 13 Procedures and skills

1 The procedures and competences are governed by the Railway Act of 20 December 1957 1 .

2 The cantons shall ensure the application of the requirements concerning the acoustic insulation of buildings.


Art. 14 Transitional Provision

Projects relating to the reduction of noise in progress at the time of entry into force of this Law shall be evaluated in accordance with this Law.

Art. 15 Referendum, entry into force and duration of validity

1 This Act is subject to an optional referendum.

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

3 This Law shall have effect until 31 December 2015.

4 This Law shall be extended until 31 December 2028. 1


1 Introduced by ch. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).


Date of entry into force: 1 Er October 2000 10


RO 2000 2206


1 Abbreviation introduced by c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
2 RS 101
3 FF 1999 4530
4 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
5 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
6 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
7 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
8 Introduced by c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
9 New content according to the c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 469 ; FF 2013 443 ).
10 ACF of 29 August 2000


State 1 Er March 2014