Rs 743.01 Federal Law Of 23 June 2006 On Cableways Carrying People (Cableways, Lica Act)

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 law on Cableways carrying some people1 (cableways, LICa Act) of June 23, 2006 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view of art. 87 of the Constitution, given the message of the federal Council of 22 December 2004, stop: Section 1 provisions general art. 1 object and purpose this law regulates the construction and operation of Cableways carrying people.
It also regulates the placing on the market and the commissioning of subsystems and safety components intended for cableways.
It aims to what cables transport facilities are built and operated in a manner safe for man, respectful of the environment, in line with the provisions of the development of the territory and competitively.

Art. 2 scope of application this Act applies to Cableways carrying people such as cable cars, funiculars, the ski lifts as well as the other driven transport facilities or litters by cables (cable facilities).
It does not apply: a. to cable facilities used in the mines; b. mobile cableways;. c devices in fixed or mobile fairs as well as amusement parks facilities; d. at cableways military; e. elevators.

Art. 3 principles anyone intends to build or operate a cable installation transport regular and professional people and for which a concession is necessary according to the law of 18 June 1993 on passenger (installation on cables subject to Federal concession), must obtain from the federal Office of transport (FOT): a. approval of plans; b. an authority to operate.

Anyone who intends to construct or operate a cable installation that requires no concession in the sense of the law on passenger transport, including a ski lift or a small cable car, must obtain a cantonal authorization.
Cableways can be built and operated if they are safe, environmentally friendly and comply with the provisions on the brought-planning.
Anyone who wants to build or operate a cable installation must ensure that security personnel received proper training. The federal Council shall regulate the terms and conditions.
As a general rule the operating licence is granted until the expiration of the concession.

[RO 1993 3128, 1997 2452 appendix c. 6, 1998 2859, 2000 2877 ch. I 2. RO 2009 5631 art. [64]. see the law of March 20, 2009 (RS 745.1) currently.
New expression according to ch. II 18 of the Act of March 20, 2009, on the reform of the railways 2, in force since Jan. 1. 2010 (2009 5597 RO; FF 2005 2269, 2007 2517). This mod has been taken throughout the text.

Art. 4 essential requirements and technical standards the federal Council sets in order the essential requirements for cableways; It takes into account international law.
In this context, the OFT refers, in agreement with the Secretary of State to the economy and after having heard the cantons and interested circles, the technical standards to implement the essential requirements. To the extent possible, it means harmonized international standards.

Art. 5 compliance with the essential requirements anyone who puts into service an installation cable puts on the market of subsystems or safety components must be able to prove that they comply with the essential requirements.
Cableways, subsystems and safety components produced or manufactured in accordance with technical standards are presumed to meet the essential requirements.
Anyone who puts into service a facility to cables or intends to put on the market of subsystems or safety components which do not conform to the technical standards must be able to prove that they respond differently to the essential requirements.
When no requirement has been set, the evidence must be provided that installation cables, subsystem or safety component has been manufactured according to the recognized technical rules.

Art. 6 assessment of security aspects the authority evaluates, as part of the approval procedures, the security aspects based on risk and on the basis of reports of security or surveys.
It sets out the points for which the applicant must provide security expertise.
The security reports are prepared by independent services.

Art. 7 right of expropriation, anyone who wants to build or operate a facility to cables has to do this to the right of expropriation under federal legislation, provided that the installation is conform to the assignment plan.
The expropriation procedure is applicable if the efforts to acquire the necessary rights of OTC or get a consolidation have failed.

Art. 8 collection, processing and publication of data the OFT is allowed to collect and process the data from transport companies in cables necessary for the performance of its tasks of monitoring and official statistics.
It can collect and process the personal data necessary for the establishment of a certificate.
After reviewing proportionality, it can publish sensitive data on a transport to cable company if they allow to check that those undertakings comply with the safety provisions. The data are published in the form of a press release or in any other appropriate way.
Sensitive data includes information on the withdrawal or cancellation of authorizations.
The federal Council shall regulate the collection, processing and publication of data.

Section 2 Construction of cable facilities subject to federal grant art. 9 approval of plans the approval of plans gives the right to build the facility. The necessary authorizations for the construction of the facility are awarded with it. Cantonal law is taken into account insofar as it does not disproportionately the transport to cable company in the performance of its tasks.
The concession for the transport of persons is granted under the Act of 18 June 1993 on passenger transport with the approval of the plans.
The approval of plans is granted when: a. the essential requirements are met and other applicable provisions are met; b. no overriding public interest, including planning the territory and protection of nature, the landscape and the environment opposed; c. the licensing conditions of the concession for the transport of persons are met.

The needs of the disabled are taken into account in accordance with the law of December 13, 2002 on equality for people with disabilities.
All the authorities concerned conduct the procedures for approval of the plans with speed. The time shall be fixed by the federal Council.

[RO 1993 3128, 1997 2452 appendix c. 6, 1998 2859, 2000 2877 ch. I 2. RO 2009 5631 art. [64]. see the law of March 20, 2009 (RS 745.1) currently.
SR 151.3 art. 10 ancillary facilities production and modification of buildings and facilities that are not predominant way to the operation of the facility (facilities related) are subject to the General provisions cantonal and federal in the planning, the construction law and the environmental law.

Art. 11 opening of the procedure for approval of the plans the request for approval of the plans must be submitted to the OFT with the required documents.
The OFT reviews the file and does fill the need.
The federal Council shall determine the documents that the applicant must provide.

Art. 12 consultation, publication and updated the OFT investigation forwards the request to the cantons concerned and invited them to decide within three months. If the situation warrants, it can exceptionally extend or shorten this period.
The application is published in the official organs of the cantons and the communes concerned and started the survey for 30 days.

Art. 13 opposition anyone a party under the Federal Act of 20 December 1968 on administrative procedure or the Federal law of June 20, 1930, on the expropria-tion can oppose to the OFT for the delay in the investigation.
Commons argue their interests by way of opposition.
Anyone who did not have opposition is excluded from the rest of the procedure.

RS 172.021 SR 711 art. 14 concentration of decision-making within the Federal Government the continuation of the proceedings in the Federal Government is subject to the concentration of development procedures of decisions in the sense of art. 62a ss of the Federal law of 21 March 1997 on the Organization of Government and administration.

SR 172.010 art. 15 simplified procedure, the simplified procedure applies:

a. cable facilities whose modification or reassignment does not significantly alter the appearance of the site, does not affect the interests worthy of protection of third parties and has minimal effects on the land and on the environment; b. cables facilities which were dismantled after three years at the most.

If the approval of plans provides for later submission of detailed plans, these are subject to the simplified procedure.
The OFT may order the picket.
The request is neither published nor in the investigation.
The OFT submits the draft to stakeholders, who can make opposition within a period of 30 days, unless they have given their written consent before.
It may seek the opinion of the cantons and communes. He grants them a reasonable time to comment.
In other cases, and in case of doubt, the OFT applies the ordinary procedure.

Art. 16 applicable law the procedure for approval of the plans is alternatively governed by the Federal Act of 20 December 1957 on the railways (EBG) and by the Federal law of June 20, 1930, on the expropriation.

RS 742.101 RS 711 Section 3 operation art. 17 operating permit the operation of a facility to cables must be authorized by: a. the OFT for facilities subject to Federal concession; b. the competent cantonal authority, for other facilities.

The competent authority assesses the project based on the risks in accordance with art. 6. it establishes the points on which the applicant must submit safety reports.
It grants authorization to operate when: a. safety records and safety reports are presented; b. the project meets the essential requirements and respects the other provisions applicable; c. the loads for the implementation are met in accordance with the approval of plans and the concession or the cantonal authorization; (d) proof of insurance within the meaning of art. 21 is made; e. the exploitation, maintenance and rescue organization is ready and staff trained.

As a general rule, authorization to operate is granted for the term of the concession. The extension of the concession involves the authorization, subject to the duty of care referred to in art. 18 art. 18 duty of care the holder of the authorization to exploit is responsible for the safety of the operation. They must maintain the facility in a State guaranteeing safety at any time.

Art. applicable 18aDroit the EBG shall apply by analogy: a. independent investigations in case of accident (art. 15, EBG); b. to the financing of infrastructure (art. 49 to 57, EBG) .c....

Introduced by section II 18 of the Act of March 20, 2009, on the reform of the railways 2 (RO 2009 5597; FF 2005 2269, 2007 2517). New content according to ch. I-6 of the Federal ACT of 16 March 2012 on the second part of the reform of the railways 2, in force since July 1. 2013 (RO 5619 2012, 2013 1603; FF 2011 857).
RS 742.101 repealed by section 4 of the annex to the LF Sept. 26. with effect from Jan. 1, 2014. 2016 (2015 3205 RO; FF 2013 6441).

Art. 19 dismantling of the installation when installing cable is out of service definitively, it is dismantled at the expense of the owner. The competent authority decides to what extent the previous State should be restored.

Section 4-liability and compulsory insurance art. 20responsabilite the art. 40B to 40f of the EBG shall apply to the liability of the operator of a cable transport installation.

New content according to section 4 I of the Federal ACT of 19 Dec. 2008 on the mod of the transport law, in force since Jan. 1. 2010 (2009 5973 RO; FF 2007 4147).
SR 742.101 art. 21 compulsory insurance the operator of a cable installation must conclude with a company of insurance authorized to practice in Switzerland or another institution recognized by the insurance supervisory authority enough insurance to cover its liability.
It is provided to ensure: a. the claims of the owner and operator of cable installation; b. claims arising from damage caused to the parents of the person required to repair the damage, namely: 1. spouse or registered partner, 2. his ascendants or descendants, 3 brothers and sisters living in a common household with him.

c. the claims arising from damage to transported goods.

Civil liability insurance contracts and their amendments must be communicated to the competent authority. The insurance undertaking establishes an insurance certificate to the attention of the competent authority.
The insurance company must announce to the competent authority the suspension or termination of the insurance.
The competent authority may demand an increase in the amount of coverage when it is clearly insufficient.

Section 5 supervision art. 22 supervisory authority supervisory authority is: a. the OFT for cableways to Federal concession; b. the competent cantonal authority for other cable installations.

Art. 23 tasks and powers of the supervisory authority the supervisory authority monitors the construction, operation and maintenance of cableways based on risk.
It may request certificates and reports. She can make herself controls by polls.
If it finds that an installation can compromise the security of people or goods, it takes the necessary measures for the restoration of security. It may restrict or prohibit the operation of the facility.

Art. 24 to announce and obligation to work any particular incident that occurs during the construction or the operation of a facility to cables must be reported without delay to the supervisory authority.
The operator provides at any time to the supervisory authority the information and documents required. He gives free access to all parts of the installation and free assistance at its controls.

Section 5aactivites key for security in the field of transport to cable art. 24A inability to service anyone who is not in condition to provide physical effort and mental needed because she is under the influence of alcohol, drugs, medicines, or for any other reason, is considered as being unable to provide the service and cannot exercise any decisive activity for security in the field of transport to cables during the duration of this inability.

Art. 24b the incapacity to service people who exercise a crucial activity for security in the field of transport to cables can be submitted to a breathalyzer test.
When the person concerned gives signs of inability to service and that these are not or only partially by the influence of alcohol, may be subject to other pre-launch tests, including urinalysis, saliva, sweat, hair, and nails.
It is necessary to order blood tests if the person: a. present signs of inability to provide the service; forgotten the source. refuses to submit to the breathalyzer, is subtracted or does fail.

When major reasons require it, blood test can be done against the will of the person suspected of failure to provide the service. Other means of evidence are reserved.

Art. 24 c critical activities for safety if a person who exercises a decisive activity for security in the field of transport to cables is located in a State that excludes the exercise of the activity safely, the activity must he be banned as long as necessary.

Art. 24 d skills have jurisdiction to order and carry out the measures referred to in art. 24A and 24b: a. the persons or business units designated by transport to cable companies; b. the authorities declared by the cantons; c. the OFT; d. the police transport if it is mandated by the relevant bodies according to the let. a to c.

Art. 24th the federal Council implementing provisions: a. determine the concentration of alcohol in the blood from which, independently of other evidence and individual resistance to alcohol, the inability to provide the service under the terms of art. 24A is presumed (intoxicated) and concentration from which it is characterized; b. may determine the concentration of other substances decreasing the ability to service from which, independently of other evidence and individual resistance, the inability to provide the service under the terms of art. 24A is presumed; c. issues regulations on pre-testing (art. 24 b, para. 2), the procedure for the breathalyzer and blood taking, evaluation of these tests and further medical examination of the person presumed unable to service; d. may prescribe, to see a trauma reducing the ability to provide the service to a person, the levies referred to in art. 24b, al. 2 and 3, be the subject of analysis; e. determines the personal, technical and organizational requirements to satisfy the people and business units referred to in art. 24 d, let. a.


It defines the defining activities for safety in the field of transport to cables.

Section 6 provisions criminal art. 25delits is punished with deprivation of liberty from three years at the most or fined anyone, intentionally: a. built or built a facility to cables without the approval of the plans necessary or in contradiction with it (art. 9) or, if the installation is not subject to the regime of the Federal grant, without permission on the cantonal or contradict it; (b) operates or does operate a plant to cable without having an authorisation to operate (art. (17) or in contradiction with it.

If the author acts negligently, shall be punished for a monetary penalty of 180 days-fine at most.

New content according to section 4 of the annex to the LF Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3205 RO; FF 2013 6441).

Art. 25aContraventions is punished, on complaint, a fine anyone who, intentionally or by negligence, contravenes its obligation to announce or his duty of care (art. 18) (art. 24, para. 1) or work (art. 24, al.) 2.
The federal Council may declare punishable offences in the implementing provisions.

Introduced by section 4 of the annex to the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3205 RO; FF 2013 6441).

Art. 25bExercice of a crucial activity for security in a State of inability to service anyone who has drunk a crucial activity for security in the field of transport to cables is punished with a fine. The punishment is a custodial sentence of more than three years or a fine if the concentration of alcohol in the blood is characterized.
Anyone who is unable to provide the service within the meaning of art. 24a, because he is under the influence of narcotics or drugs or for other reasons and has in this State a crucial activity for security in the field of transport in cables is punished with a custodial sentence of more than three years or a monetary penalty.
All superior who intentionally causes one of the acts referred to in paras. 1 and 2 or does not do everything possible to prevent it is punished by the same penalties.

Introduced by section 4 of the annex to the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3205 RO; FF 2013 6441).

Art. 25cEntrave measures of establishing incapacity to service anyone who is a crucial activity for security in the field of transport to cables and opposes or evades a taking a breathalyzer test, blood or any other preliminary review governed by the federal Council, these measures being ordered or to be in all likelihood, opposes or is evading an additional medical examination or hinders one or any of these measures will be punished with one custodial sentence of more than three years or a monetary penalty.
All superior who intentionally causes one of the acts referred to in para. 1 or does not do everything possible to prevent it is punished by the same penalties.

Introduced by section 4 of the annex to the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3205 RO; FF 2013 6441).

Art. 25dPoursuite of office punishable acts under the criminal code are prosecuted automatically when they are committed against the following persons in the exercise of their functions: a. employees of transport companies to hold cables of an authorization within the meaning of art. 3, al. 1 or 2 of this Act or having a concession or authorization to the senses of the art. 6 to 8 of the Act of March 20, 2009 on passenger transport; b. people who are responsible for a task instead of employees referred to in the let. a. introduced by section 4 of the annex to the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3205 RO; FF 2013 6441).
RS 311.0 RS 745.1 art. 25ePoursuite criminal pursuit and judgement of offences under this Act lies with the cantons.

Introduced by section 4 of the annex to the Federal ACT on Sept. 26. in force since Jan. 1, 2014. 2016 (2015 3205 RO; FF 2013 6441).

Section 7 performance art. 26 enforcement provisions the federal Council enacts implementing provisions after hearing the cantons and interested circles. It lays down provisions concerning: a. the planning, construction, operation and monitoring of cableways; (b) the procedure for verification of the conformity of cableways, subsystems and safety components essential requirements; (c) the procedure for recognition of independent services responsible for conducting conformity assessments.

Art. 27 delegation of tasks of monitoring the federal Council may entrust tasks of monitoring to independent inspection services.

Section 8 provisions final art. 28 change of the law into force changes to the law in force are set in the annex.

Art. 29 transitional provisions pending applications at the entry into force of this Act are considered according to the old law by the competent authority under the old law.
Federal concessions based on the old law remain valid until they expire. Art. 17, al. 4, applies to authorizations to operate based on the former cantonal or federal law.

Art. 30 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force.

Annex (art. 28) amendment of the law in force.

Mod. can be found at the RO 2006 5753.

Status January 1, 2016

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