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RS 743.01 Federal Act of 23 June 2006 on Cable Facilities carrying Persons (Cable Facilities Act, LICa)

Original Language Title: RS 743.01 Loi fédérale du 23 juin 2006 sur les installations à câbles transportant des personnes (Loi sur les installations à câbles, LICa)

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743.01

Federal Cable Facilities Transportation Act * 1

(Cable Facilities Act, LICa)

On 23 June 2006 (State 1 Er January 2016)

L ' Federal Assembly of the Swiss Confederation,

See art. 87 of the Constitution 2 , given the message of the Federal Council of 22 December 2004 3 ,

Stops:

Section 1 General provisions

Art. 1 Purpose and Purpose

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.

Art. 2 Scope of application

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:

A.
Cable facilities used in mines;
B.
Mobile cable facilities;
C.
Fixed or mobile trade fair equipment and amusement park facilities;
D.
Military cable facilities;
E.
To elevators.
Art. 3 Principles

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 ):

A.
Approval of plans;
B.
An authorization to operate.

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.

Art. 4 Essential requirements and technical standards

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.

Art. 5 Compliance with essential requirements

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.

Art. 6 Assessment of security aspects

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.

Art. 7 Right of expropriation

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.

Art. 8 Data collection, processing and publication

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.

Section 2 Construction of federally-licensed cable facilities

Art. Approval of plans

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:

A.
The essential requirements are met and the other applicable provisions are met;
B.
There is no overriding public interest in land use planning and in the protection of nature, landscape and the environment;
C.
The conditions for granting the concession for the transport of persons are fulfilled.

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.


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 RS 151.3

Art. 10 Accessory Facilities

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.

Art. 11 Opening the approval procedure for plans

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.

Art. 12 Consultation, publication and investigation

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.

Art. 13 Opposition

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.


Art. 14 Concentration of Federal Government Decision-making

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 .


Art. 15 Simplified procedure

1 The simplified procedure applies:

A.
Cable installations whose modification or reassignment does not significantly alter the external appearance of the site, does not affect the interests of protection of third parties and has only minimal effects on the spatial planning and on the The environment;
B.
Cable installations that are dismantled after three years at most.

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.

Art. 16 Applicable law

The procedure for approving the plans is regulated in the alternative by the Federal Railways Act of 20 December 1957 (LCdF) 1 And by the Federal Expropriation Act of June 20, 1930 2 .


Section 3 Operations

Art. 17 Permission to Operate

1 The operation of a cable installation shall be authorized by:

A.
The OFT, for federally-regulated facilities;
B.
The competent cantonal authority for the other installations.

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:

A.
The security file and security reports are presented;
B.
The project meets the essential requirements and complies with other applicable provisions;
C.
The significant operating expenses are met in accordance with the approval of the plans and the concession or Cantonal authorization;
D.
A certificate of insurance within the meaning of s. 21 is presented;
E.
The organisation of operation, maintenance and rescue is ready and the staff trained.

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.

Art. 18 Duty Due Diligence

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.

Art. 18 A 1 Applicable law

The LCdF 2 Applies by analogy:

A.
Independent investigations in the event of an accident (art. 15, LCdF);
B.
Infrastructure funding (art. 49 to 57, LCdF).
C. 3
...

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 ).

Art. 19 Dismantling the installation

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.

Section 4 Liability and compulsory insurance

Art. 1 Liability

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

Art. Insurance Required

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:

A.
The claims of the owner and operator of the cable installation;
B.
Claims arising from property damage caused to the parents of the person who is responsible for the repair of the damage, namely:
1.
Your spouse or registered partner,
2.
Ascendants or descendants,
3.
His brothers and sisters living in common with him;
C.
Claims resulting from damage to transported goods.

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.

Section 5 Monitoring

Art. Supervisory Authority

The supervisory authority is:

A.
The OFT for federal cable facilities;
B.
The competent cantonal authority for other cable installations.
Art. Tasks and Competencies of the Supervisory Authority

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.

Art. 24 Obligation to advertise and collaborate

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.

Section 5 A 4 Key activities for safety in the field of cable transport

Art. 24 A Inability to provide service

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.

Art. 24 B Finding the inability to provide service

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:

A.
Shows signs of inability to provide service; or
B.
Refuses to submit to the breath, subtracts from it, or fails to do so.

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.

Art. 24 C Prohibition of the conduct of critical safety activities

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.

Art. 24 D Skills

Jurisdiction to order and enforce the measures referred to in s. 24 A And 24 B :

A.
Persons or business units designated by cable transportation undertakings;
B.
The authorities declared competent by the cantons;
C.
OFT;
D.
The transport police if it is mandated by the competent bodies in accordance with the provisions of the Act. A to c.
Art. 24 E Implementing provisions

1 The Federal Council:

A.
Determines the concentration of alcohol in the blood from which, independently of other evidence and individual resistance to alcohol, the inability to provide service under s. 24 A Is presumed (bridle state) and the concentration from which it is characterized;
B.
May determine the concentration of other substances diminishing the ability to provide the service from which, independently of other evidence and individual resistance, the inability to provide service under s. 24 A Is assumed;
C.
Enacts provisions on pre-test tests (s. 24 B , para. 2), the procedure to be followed for the alcohol and the taking of blood, the assessment of those tests and the additional medical examination of the person presumed to be unable to provide the service;
D.
May prescribe that, in order to see a toxicodependence diminishing the capacity to provide the service of a person, the levies referred to in s. 24 B , para. 2 and 3, be analyzed;
E.
Determines the personal, technical and organizational requirements to be met by individuals and business units designated in s. 24 D , let. A.

2 It defines the decisive activities for safety in the field of cable transport.

Section 6 Criminal provisions

Art. 25 1 Delays

1 Every person shall be punished with a custodial sentence of up to three years or by a fine who wilfully:

A.
Construct or build a cable installation without the approval of or in contradiction with the plans (s. 9) or, if the facility is not subject to the federal franchise system, without the authorization of, or in conflict with, the Cantonal authorization;
B.
Operating or operating a cable installation without a licence to operate (s. 17) or in contradiction with it.

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 ).

Art. 25 A 1 Contraventions

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 ).

Art. 25 B 1 Exercise of a determining activity for security in a state of incapacity to provide the service

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 ).

Art. 25 C 1 Obstruction of measures to determine the inability to provide service

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 ).

Art. 25 D 1 Prosecution of Office

Acts punishable under the Criminal Code 2 Shall be prosecuted ex officio when committed against the following persons in the performance of their duties:

A.
Employees of cable transportation undertakings with an authorization within the meaning of s. 3, para. 1 or 2 of this Act or having a grant or an authorization within the meaning of s. 6 to 8 of the Law of 20 March 2009 on passenger transport 3 ;
B.
Persons who are responsible for a task in place of the employees referred to in the letter. A.

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

Art. 25 E 1 Criminal prosecution

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 ).

Section 7 Enforcement

Art. 26 Implementing provisions

The Federal Council shall issue the implementing provisions after having heard the cantons and the circles concerned. It also lays down provisions concerning:

A.
The planning, construction, operation and monitoring of cable facilities;
B.
The procedure for verifying the compliance of cable systems, subsystems and security components with essential requirements;
C.
The procedure for the recognition of the independent services responsible for conducting the conformity assessments.
Art. 27 Delegation of monitoring tasks

The Federal Council may entrust monitoring tasks to independent technical inspection services.

Section 8 Final provisions

Art. 28 Amendment of the law in force

The amendments to the existing law are set out in the Annex.

Art. Transitional provisions

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.

Art. 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.

Annex

(art. 28)

Amendment of the law in force

... 1


1 The mod. Can be viewed at RO 2006 5753 .


State 1 Er January 2016