Key Benefits:
On 23 June 2006 (State 1 Er January 2016)
1 This Act regulates the construction and operation of cable-carrying facilities.
2 It also regulates the placing on the market and the introduction of sub-systems and safety components for cable installations.
3 It aims to ensure that cable transport facilities are constructed and operated in a safe and environmentally sound manner, in accordance with the provisions of spatial planning and in a competitive manner.
1 This Act applies to cable installations transporting persons such as cable cars, elevators, ski lifts, and other transportation facilities that are crated or worn by cables (cable installations).
2 It does not apply to:
1 Any person who intends to construct or operate a cableway for the regular and professional transport of persons and for which a concession is necessary in accordance with the law of 18 June 1993 on passenger transport 1 (Cable installation subject to federal concession), must obtain from the Federal Transportation Agency (OFT) 2 ):
2 A person who intends to construct or operate a cable installation that does not require a concession within the meaning of the Passenger Transportation Act, such as a ski lift or a small cable car, shall obtain a Cantonal Authorization.
3 Cable installations can only be constructed and operated if they are safe, environmentally friendly and comply with the provisions on spatial planning.
4 Every person who intends to construct or operate a cable installation shall ensure that the security personnel have received appropriate training. The Federal Council regulates the modalities.
5 In general, the authorisation to operate shall be granted up to the date of the concession.
1 [RO 1993 3128, 1997 2452 appendix c. 6, 1998 2859, 2000 2877 ch. I 2. RO 2009 5631 Art. 64]. See currently the law of 20 March 2009 (RS 745.1 ).
2 New expression according to c. II 18 of the Act of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517). This mod has been taken into account. Throughout the text.
1 The Federal Council sets out the essential requirements for cable installations in an order; it takes account of international law.
2 In this context, the OFT appoints, in agreement with the State Secretariat for the Economy and after having heard from the cantons and the circles concerned, the technical standards to achieve the essential requirements. To the extent possible, it refers to internationally harmonized standards.
1 Any person who puts into service a cable installation or puts on the market subsystems or safety components must be able to demonstrate that they meet the essential requirements.
2 Cable installations, subsystems and safety components produced or manufactured in accordance with technical standards are presumed to meet the essential requirements.
3 Any person who puts into service a cable installation or intends to market subsystems or safety components that do not comply with the technical standards shall be able to provide evidence that they otherwise meet the requirements of the Essential requirements.
4 Where no essential requirements have been defined, the proof must be that the cable installation, the subsystem or the safety component has been manufactured according to the recognized technical rules.
1 The authority assesses, within the framework of approval procedures, security aspects based on risk and on the basis of safety reports or surveys.
2 It sets out the points for which the applicant must provide security expertise.
3 Security reports are established by independent services.
1 A person who intends to construct or operate a cable installation shall have the right of expropriation under federal law, provided that the installation is in accordance with the assignment plan.
2 The expropriation procedure is applicable only if efforts to acquire the necessary rights voluntarily or to obtain a land consolidation have failed.
1 The OFT is authorised to collect and process the data of the cable transport undertakings necessary for the performance of its monitoring tasks and official statistics.
2 It may collect and process personal data necessary for the establishment of a certificate.
3 After examining proportionality, it may publish sensitive data concerning a cable transport undertaking if they are sufficient to verify that the undertakings comply with the safety provisions. The data shall be published in the form of a press release or in another appropriate manner.
4 Sensitive data includes information on withdrawal or cancellation of authorisations.
5 The Federal Council regulates the collection, processing and publication of data.
1 Approval of the plans gives the right to build the facility. The necessary permissions to build the installation are granted with the installation. The cantonal law is taken into account in so far as it does not disproportionately affect the cable transport undertaking in the performance of its tasks.
2 The concession for the transport of persons is granted under the Law of 18 June 1993 on the carriage of passengers 1 At the same time as approval of plans.
3 Approval of plans is granted when:
4 The needs of persons with disabilities are taken into account in accordance with the Act of 13 December 2002 on Equality for Persons with Disabilities 2 .
5 All authorities concerned shall carry out the procedures for approval of the plans in a timely manner. The Federal Council sets deadlines.
The construction and alteration of buildings and installations which are not predominant to the operation of the facility (ancillary facilities) shall be subject to the relevant cantonal and federal general provisions Land use planning, construction law and environmental law.
1 The request for approval of the plans must be submitted to the OFT with the required documentation.
2 The OFT is reviewing the file and completing it as required.
3 The Federal Council shall designate the documents to be provided by the applicant.
1 The OFT shall forward the request to the cantons concerned and invite them to take a decision within three months. If the situation warrants it, it may exceptionally extend or shorten that period.
2 The application shall be published in the official bodies of the cantons and municipalities concerned and shall be investigated for 30 days.
1 Everyone who is a party under the Federal Act of 20 December 1968 on the administrative procedure 1 Or the Federal Act of 20 June 1930 on expropriation 2 May object to the OFT during the period of the investigation.
2 The communes assert their interests by way of opposition.
3 Any person who has not objected shall be excluded from the proceedings.
The continuation of the procedure within the federal government is subject to the concentration of decision-making procedures within the meaning of s. 62 A Ss. Of the Federal Act of March 21, 1997 on the Organization of Government and Administration 1 .
1 The simplified procedure applies:
2 If the approval of the plans provides for the subsequent presentation of detailed plans, the latter are subject to the simplified procedure.
3 The OFT may order the picketing.
4 The application is neither published nor investigated.
5 The OFT submits the project to the interested parties, who may object within 30 days, unless they have given their written consent.
6 It may seek the views of the cantons and municipalities. It gives them a reasonable period of time to decide.
7 In other cases and in case of doubt, the OFT shall apply the ordinary procedure.
1 The operation of a cable installation shall be authorized by:
2 The competent authority shall assess the project according to the risks in accordance with Art. 6. It sets out the points on which the applicant is required to submit security reports.
3 It grants permission to operate when:
4 In general, the authorisation to operate shall be granted up to the date of the concession. The extension of the concession implies that of the authorization, subject to the duty of care referred to in s. 18.
The holder of the authorization to operate shall be responsible for the safety of the operation. In particular, it must maintain the installation in a state that guarantees security at all times.
The LCdF 2 Applies by analogy:
1 Introduced by ch. II 18 of the Act of 20 March 2009 on railway reform 2 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517). New content according to the c. I 6 of the LF of 16 March 2012 on the second part of the reform of the railways 2, in force since 1 Er Jul. 2013 (RO 2012 5619, 2013 1603; FF 2011 857).
2 RS 742.101
3 Repealed by c. 4 of the annex to the PMQ of 26 seven. 2014, with effect from 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
When the cable installation is permanently off-service, it is dismantled at the expense of the owner. The competent authority shall decide to what extent the prior condition shall be restored.
Art. 40 B to 40 F Of LCdF 2 Apply to the liability of the operator of a cable transportation facility.
1 New content according to the c. I 4 of the LF of 19 Dec. 2008 on the mod. Of the law of transport, in force since 1 Er Jan 2010 ( RO 2009 5973 ; FF 2007 4147 ).
2 RS 742.101
1 The operator of a cable installation shall conclude with an insurance undertaking authorised to practice in Switzerland or another institution recognised by the supervisory authority in the field of insurance sufficient insurance to cover its Civil liability.
2 It is exempt from the following:
3 Civil liability insurance contracts and their endorsements must be communicated to the competent authority. The insurance undertaking shall establish a certificate of insurance for the attention of the competent authority.
4 The insurance undertaking must announce to the competent authority the suspension or termination of the insurance.
5 The competent authority may require an increase in the amount of coverage where it is manifestly inadequate.
The supervisory authority is:
1 The monitoring authority monitors the construction, operation and maintenance of cable facilities on the basis of risk.
2 It may request certificates and reports. It can carry out spot checks on its own.
3 If it finds that a facility can compromise the safety of persons or property, it will take the necessary steps to restore security. It may restrict or prohibit the operation of the facility.
1 Any particular incident that occurs during the construction or operation of a cable installation shall be announced without delay to the monitoring authority.
2 The operator shall provide the monitoring authority with the required information and documentation at all times. It gives it free access to all parts of the facility and gives it free assistance during its inspections.
Any person who is not in a position to provide the necessary physical and mental effort because it is under the influence of alcohol, narcotic drugs, drugs, or for any other reason, is considered to be unable to provide the Service and may not engage in any activity that determines safety in the field of cable transport for the duration of this incapacity.
1 Persons performing a safety-determining activity in the field of cable transport may be subject to an alcootest.
2 Where the data subject gives signs of incapacity to provide the service and these are not explained or partially explained by the influence of alcohol, it may be subject to further tests, including analyses Of urine, saliva, sweat, hair and nails.
3 A blood-taking should be ordered if the person:
4 Where there are major reasons for this, blood may be taken against the will of the person suspected of being unable to provide the service. Other means of evidence are reserved.
If a person who exercises a decisive safety activity in the field of cable transport is in a state which excludes the exercise of that activity in safety, the activity must be prohibited for as long as Necessary.
Jurisdiction to order and enforce the measures referred to in s. 24 A And 24 B :
1 The Federal Council:
2 It defines the decisive activities for safety in the field of cable transport.
1 Every person shall be punished with a custodial sentence of up to three years or by a fine who wilfully:
2 If the author acts by negligence, he shall be punished with a pecuniary penalty of up to 180 days.
1 New content according to the c. 4 of the annex to the PMQ of 26 seven. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 A person who, intentionally or negligently, is guilty of a duty of care shall be punished by a fine (art. 18) or its obligation to advertise (art. 24, para. 1) or to collaborate (art. 24, para. 2).
2 The Federal Council may declare that infringements of the implementing provisions are punishable.
1 Introduced by ch. 4 of the annex to the PMQ of 26 seven. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 Anyone who exercises a state of play for safety in the area of cable transport is liable to a fine. The sanction is a custodial sentence of up to three years or a financial penalty if the concentration of alcohol in the blood is characterized.
2 Anyone who is unable to provide service within the meaning of s. 24 A , because it is under the influence of narcotic drugs or medicines or for other reasons and carries out in that state a decisive activity for safety in the field of cable transport is punishable by a custodial sentence of three years At most or a financial penalty.
3 Any superior who intentionally causes one of the acts referred to in paras. 1 and 2 or does not make every effort to prevent it is punishable by the same penalties.
1 Introduced by ch. 4 of the annex to the PMQ of 26 seven. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 Any person who is engaged in a safety-related activity in the field of cable transport and is opposed to, or circumvents, a blood test, an alcootest or any other preliminary examination governed by the Federal Council. Ordered or to be expected to be, or is opposed to, or subtracted from, an additional medical examination or obstructs any of these measures shall be punishable by a custodial sentence of up to three years or of a pecuniary penalty.
2 Any superior who intentionally causes one of the acts referred to in para. 1 or does not make every effort to prevent it is punishable by the same penalties.
1 Introduced by ch. 4 of the annex to the PMQ of 26 seven. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
Acts punishable under the Criminal Code 2 Shall be prosecuted ex officio when committed against the following persons in the performance of their duties:
1 Introduced by ch. 4 of the annex to the PMQ of 26 seven. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
2 RS 311.0
3 RS 745.1
The prosecution and trial of offences under this Law shall be the responsibility of the cantons.
1 Introduced by ch. 4 of the annex to the PMQ of 26 seven. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
The Federal Council shall issue the implementing provisions after having heard the cantons and the circles concerned. It also lays down provisions concerning:
The Federal Council may entrust monitoring tasks to independent technical inspection services.
The amendments to the existing law are set out in the Annex.
1 Applications pending at the entry into force of this Law shall be deemed under the old right by the competent authority under the old law.
2 Federal concessions based on the old right remain valid until they expire. Art. 17, para. 4 applies to authorisations to operate on the basis of the former cantonal or federal law.