Rs 743.011 Order Of 21 December 2006 On Cableways Carrying People (Ordinance On Cable Installations, Oica)

Original Language Title: RS 743.011 Ordonnance du 21 décembre 2006 sur les installations à câbles transportant des personnes (Ordonnance sur les installations à câbles, OICa)

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743.011 order on Cableways carrying people (Ordinance on cableways, OICa) on December 21, 2006 (State October 1, 2015) the Swiss federal Council, view the art. 3, al. 4, 4, al. 1, 8, al. 5, 9, al. 5, 11, al. 3, 26 and 27 of the Act of 23 June 2006 on cableways (LICa), view the art. 7, al. 2, 18, al. 2, 43 and 63 of the Act of March 20, 2009 on passenger (LTV), in pursuance of the Federal law of 6 October 1995 on technical barriers to trade, stop: Chapter 1 provisions General Section 1 object, scope and definitions article 1 purpose this order contains the implementing provisions for the LICa, as well as the enforcement provisions of the LTV on cableways. It includes provisions on: a. the construction of cableways for the benefit of a federal concession, namely the procedure for approval of the plans and the granting of the concession; b. the operating licence, the Organization of operations, personnel and technical management, operations and maintenance, as well as the dismantling of the facility; c. surveillance; (d) conformity assessment bodies the conformity assessment procedure and the requirements for experts.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. Application 2Champ this order applies to all facilities to cables covered by LICa.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 3definitions small installations to cables are cables allowed for the transport of eight people by management.
Professional is any person who transports travelers to gain.
Important construction elements for safety are the components whose failure or dysfunction undermines the safety or health of persons.
A constituent of security is a construction element important for the security of a subsystem of the installation (art. 1, para. 5, of the directive 2000/9/EC [EU directive on cableways]).
The subsystems are the systems referred to in annex I of the EU directive on cableways.
Infrastructure includes the route of the line, the data of the system, as well as the works of the stations and the line, including foundations (art. 1, para. 5, of the EU directive on cableways).
Are considered defining activities for security: a. necessary measures in case of breakdown or accident; b. the conduct and monitoring of the cabins; c. the supervision of boarding and deboarding; d. evacuation.

The ski lift facilities at cable high and low cable.
The transport to cable company is the holder of the authorization to exploit.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 on Cableways carrying people; OJ L 106 of 3.5.2000, p. 21.

Section 2 facilities subject to cantonal authorization art. 4Autorisation Canton to build and operate a cantonal authorization is required for the construction and operation of the following facilities: a. the lifts; b. smaller facilities to cables; c. other facilities, if they are not subject to the regime of the concession for passenger transport.

To ensure security, there is present to the authority issuing the authorisation referred to in art. 12 and Appendix 1.
The authority which issues the authorization rates the security by the controls referred to in annex 2.
Unless otherwise lica and the EU directive on cableways, the cantons can issue additional and derogating provisions.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
CF. footnote page about art. 3, al. 4 art. 4aAutorisation cantonal to transport people a cantonal authorization is required for the transport of persons referred to in art. 7, al. 1 and 2, LTV with the following facilities: a. the lifts; b. cables without function of serving the smaller facilities; c. other facilities dedicated to transport referred to in art. 7 of the order of November 4, 2009 on the passenger traffic (OTV).

The authorization may not be granted: a. if important public interests of the Confederation, including landscaping of the territory, of the forests, the protection of nature and the landscape, the environment and national defence are opposed; forgotten the source. If the installation significantly competition dealers transport companies.

As a general rule, permission is granted with permission to build. It is granted at the latest with the operating licence.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
RS 745.11 Section 3 essential requirements, additional requirements, exceptions to technical standards art. 5 essential requirements the cable cars, funiculars, the ski lifts and similar transport facilities driven by cables, as well as their infrastructure, their safety components and their subsystems must meet the essential requirements referred to in annex II of the EU directive on cableways.
The competent authority may approve applications for approval of plans or authorisation to build and operate on the basis of the requirements and standards applicable at the time of the receipt of the complete file of the application.
The safety components and subsystems may be placed on the market when they meet the essential requirements.

CF. footnote page about art. 3, al. 4. new content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. Additional 6Prescriptions of the DETEC to specify the essential requirements, the federal Department of the environment, transport, energy and communications (DETEC) may issue prescriptions on the construction, operation and maintenance of cable installations and their infrastructure, subsystems and safety components excluding.
The requirements that must be applied by the Confederation and the cantons are enacted by the DETEC, if possible with the agreement of the technical control of the IATTC. The latter agreement is necessary when the DETEC enacts regulations applied exclusively by the cantons.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 6aderogation technical standards to certify that an installation cables, despite an exemption from a technical standard, meets despite all the essential requirements, it is necessary to prove, by means of a risk analysis, that, overall, the derogation does not increase the risk.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Section 4 provisions various art. 7 development of new territories the high mountains and glaciers can be enhanced if they are near major tourist resorts and they have major assets.
The new territories cannot be highlighted if their locations are above average benefits.
Particularly valuable landscapes should not be highlighted.

Art. If possible 8cables with the agreement of the technical control of the IATTC, DETEC issues directives on the production, control, mounting and maintenance of the cables.
The federal Office of transport (FOT) recognizes the control services of the cables for cable destructive and non-destructive examinations. Is acknowledged the service who is accredited as such.
If possible with the agreement of the technical control of the IATTC, DETEC determines cases to consult a recognized body of control cables.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 9 repealed by section I of the sept 2 O. with effect from October 1, 2015. 2015 (2015 3167 RO).

Art. 10 statistics and publication of the data the data collection for statistics of public transport is governed by the order of 30 June 1993 on the implementation of the Federal statistics.
Operating and traffic benefits can be published, as well as the staff of transport to cable companies.

RS 431.012.1 Chapter 2 Construction and modification of cable facilities subject to Federal concession Section 1 Procedure for approval of the plans art. 11 request at the same time as the application for approval of the plans, there are rather than submit to the OFT:

a. for safety, the documents provided for by Annex 1; b. for facilities to cables having more than eight seats per transport unit, documents related to accessibility for people with disabilities; (c) for new construction, replacement facilities as well as the amendments referred to in art. 2 of the Ordinance of 19 October 1988 study of the impact on the environment, a report on the impact on the environment as referred to in art. 10b of the Act of 7 October 1983 on the protection of the environment; d. a report certifying that the project has been coordinated with the development of the territory, especially as to its conformity with plans and assignment plans; e. the evidence necessary for the construction and exploitation rights were acquired or granted has been guaranteed; f. documents to assess the respect of other critical requirements; g. the demand for concession.

The documents referred to in para. 1 must allow the OFT to judge if the requirements are met and if the conditions of the authorization or concession are met. They must indicate any derogations to technical standards.
The OFT may waive certain documents if they are not needed because of the type of installation or the circumstances of the particular case.
When it comes to simplified procedures, the OFT fixed on a case-by-case documents.
If the documents are incomplete or deficient, the OFT gives the applicant the possibility to complete them.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
SR 814.011 SR 814.01 new content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 12 report of security the security report is based on an analysis of security such as mentioned in art. 4 and in annex III of the EU directive on cableways, analysis that takes into account risks which may affect the construction and the operating-ing; in this context, it has taken into account all aspects crucial for the safety of the installation and its environment.
Security report indicates the measures envisaged to deal with the risks and ensure that the planned installation will meet the requirements and that the safety record (art. 26) can be brought.
It must contain a list of all components of security, of all of the subsystems in the installation and all the important elements of the infrastructure of the facility for safety.

CF. footnote page about art. 3, al. 4. new content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

13Piquetage the following requirements apply to the picket: a. surfaces used for measures of compensation in accordance with art. 18 of the Federal Act of 1 July 1966 on the protection of nature and the landscape should be reported; b. the outer edges of the buildings and works of art belonging to the installation should be reported by profiles; outside residential areas, the pylons are reported only by a picket of their location and their foundations corner points.

Outside residential areas, the OFT can require that the height of the pylons is reported.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
RS 451 art. 14 cool publication the complainant supports the costs of publication of the application in the official media of the cantons and communes.

Art. 15 time of treatment as a general rule, the treated OFT request for approval of the plans and demand concession within the following periods: a. 9 months for the ordinary procedure for approval of the plans; b. 18 months when expropriations are necessary; c. 3 months for the simplified procedure.

The processing time starts as soon as the OFT has got the complete documents to support the application.

Art. 16 assessment of documents by the OFT under the procedure for approval of the plans, the OFT evaluates the following documents: a. to review security, he proceeds to the controls provided for by Annex 2.b. it checks if other requirements are met.

Art. 17 technical acceptance of the work in terms of the environment the OFT can subordinate the approval of plans on the condition that five years, at the latest, after the commissioning of the installation, there if the measures ordered to protect the environment have been implemented in the rules of art.

Art. 18 start of construction...
By the approval of plans, the OFT may authorize the construction of the facility or parts of it immediately starts: a. is it not there no oppositions in suffering; (b) if special services of the Confederation and the canton concerned have not made objections, etc. If the beginning of the construction causes irreversible changes.

Repealed by no I of O 2 sept. with effect from October 1, 2015. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 19 interim and partial decisions the applicant may apply for the OFT to decide beforehand of aspects of the application for approval of the plans if there is interest justified in this matter.

Section 2 Concession art. 19aConditions for granting a concession may be granted only if the company meets the conditions of concession.
The applicant must certify that it has all rights necessary to use the channels of communication.
The evaluation of the offer, it must provide in order to prove: a. the opportunity to offer, information about the type, on location, on the provision of transport and on the accessibility of the facility; b. the financial viability of the offer, information on: 1. the expected, 2 the application needed to cover operating costs, 3. the existing and planned tourism equipment in the field of the proposed offer 4. the planned funding, 5. the expected economic results, 6. coverage of costs of maintenance and depreciation of buildings, facilities and vehicles;

c. the lack of competitive conditions detrimental to the national economy, the indications on: 1. the type and use of the current transport offer in the territory in question, 2 any significant harm that the new offering could bring to the current offer of transport.

It must ensure compliance with the legal provisions.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 20Demande the applicant presents to the OFT the concession application as the application for approval of the plans.
The following documents must be attached to the application for the first grant of a concession: a. a calculation of profitability with a plan of investment and financing, including evidence of financing; b. a projected results account and a forecast supply balance for the next five years (c) reports of the last five years management; d. other required documents to assess the conditions of concession.

The OFT sets case by case what are the documents required under para. 2, let. d. He sets on a case by case basis the number of copies of the application to provide paper form and extent to which the application must be submitted in electronic form.
The provisions of art. 11, al. 3 and 5, shall apply by analogy.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 20aConsultation consultation with the cantons and interested circles is part of the procedure for approval of the plans.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 20bduree the concession is granted or renewed for a period of 25 years.
She may be granted or renewed for a shorter duration especially if the applicant so requests or if it is foreseeable that the terms of concession will be met for less than 25 years.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 21Renouvellement the application for renewal of the concession must be made to the OFT at the latest three months before the expiry date.
The concession can be renewed if it is clear from current knowledge relating to the change of installation cables in question or its environment no overriding public interest objected.
The OFT consults on this subject the applicant and the cantons concerned.
The cantons shall inform the OFT in all of the circumstances that may affect the assessment of the public interests, including the land use changes that have occurred since the granting of the concession.
The OFT determines on a case-by-case the size of the documents to be presented in support of the request.


New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 22 change the concession can be changed at the conditions applied during its naming.
The OFT determines on a case-by-case the size of the documents to be submitted in support of the request.
The increase in the hourly of transportation less of 30% and less than 300 people requires no change of the concession.
During a year at the most, the transport service can be performed fully or partly other means of transport than that which is expected in the concession without water should be changed. On request, the OFT may extend this period.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 23 transfer for the approval of the former proprietor, the OFT may, upon request, transfer the licence to another person if it fulfils the conditions laid down for the granting of the concession.

Art. operation 23aContrat the dealer may transfer certain rights and obligations, in particular running races, to a third party for a contract for exploitation.
He remains liable to the Confederation of the fulfilment of the obligations.
If the transfer of rights and obligations on a transport supply co-financed by public authorities, presentation requirements accounts referred to in art. 35 LT(N) are also applicable to the mandated business.
At the request of the OFT, the operating agreements must be presented to him for information.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 24Fin of the concession at the request of the dealership, the dealership may be cancelled. The obligations of transport scheduling and operate remain until the cancellation of the concession.
The concession is removed when its grant conditions are no longer met. It can be removed when the operating licence was revoked.
The concession expires: a. his term; b. in case of cancellation; c. withdrawal; d. cancellation; e. three years after the expiry of the operating licence.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 25Consultation of the cantons the cantons concerned must be consulted before the renewal, amendment, transfer and withdrawal or revocation of the concession.
Consultation of the Commons is the responsibility of the cantons.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. official 25adesignation the OFT sets the official designation of the company and his initials in accordance therewith.
The use of this designation and the initials is binding when you publish schedules and tariffs.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Chapter 3 operation Section 1 authorisation to operate art. 26 safety record the applicant must prove that the cables installation meets the essential requirements and complies with the other requirements.
For this purpose, it must: a. provide the necessary compliance certificates (art. 28) and the reports of experts (art. 29); b. prove that installation has been built, transformed or modified in accordance with the regulations (art. 30); c. present more documents referred to in annex 3.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 27 controls by independent bodies an independent body must control if important construction elements for security conform to the essential requirements. This body issues a certificate of compliance or an expert report.

Art. 28 compliance attestation an attestation of conformity is required for: a. all components of security; b. all subsystems.

The attestation of compliance for a subsystem should include the technical documentation provided by art. 10, al. 3, and annex VII, point 3, of the EC directive on cableways. Part: a. declarations and attestations of conformity of the safety of the relevant subsystem components; (b) a comprehensive plan of the subsystem which highlights the possible locations of the components of security within the subsystem; c. a list of the characteristics that determine the field for the use of the subsystem; d. operating and maintenance requirements or requirements for their development.

OJ L 106 of 3.5.2000, p. 21-48 new content according to section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 29 reports of experts expert reports are necessary at least to control: a. the usage agreement and the Basic project; b. the interfaces between the subsystems, as well as between the subsystems and infrastructure; c. the evidence of structural safety, resistance to fatigue and the fitness for service of the important elements of building the infrastructure for security.

In the preparation of the reports of experts referred to in para. 1, let. a, it is necessary to take into account the findings of expertise related to environmental influences.
When transformations and changes, expert reports are required only: a. for the part converted or modified installation; b. insofar as transformation or modification can have repercussions on the rest of the installation or its operation.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 30evidence of execution meets the requirements and the ability to operate the applicant must prove and present to this effect to the authority issuing the authorisation a statement that the cable installation, as a whole: a. has been executed in accordance with the regulations; ETB. can be operated safely.

It can base its statement on the statements of manufacturers.
Must prove and present to this effect to the authority which issues the authorization statements of manufacturers stating that have been executed in accordance with the regulations: a. the safety components referred to in annex IV of the EU directive on cable facilities; ETB. the subsystems referred to in annex VI of the EU directive on cableways.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
CF. footnote page about art. 3, al. 4 art. 31 repealed by section I of the sept 2 O. with effect from October 1, 2015. 2015 (2015 3167 RO).

Art. 32 amendments to draft before the granting of the authority to operate when the project is changed before the granting of the operating licence, the affected documents must be presented again in an updated form.
In the event of changes to projects, the approval authority decides whether and to what extent he must perform a new procedure for approval of the plans or a new cantonal authorization procedure.

Art. 33 by the authority issuing approval authority which issues the authorization controls if all the necessary documents for the safety record were presented.
It controls by survey the risks: a. expert reports; (b) if important construction elements for safety and subsystems are used for their intended purpose; c. If installation, such that it has been executed, complies with the essential requirements.

Art. 34 passenger transport prior to the granting of authorization to operate prior to the granting of authorization to operate, only can be transported people who are involved in the construction or testing. It requires the authorization of the manufacturers.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 35 ad of commissioning prior to the granting of authorization to operate, the commissioning date cannot be communicated to the public if it is reported that the operating licence has not yet been issued.
The announcement does not bind the authority which issues the authorization.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 36Transformations and changes after the grant of authorization to operate if the transport to cable company plans to carry out transformations or modifications cables installation or substantial changes to its operations, it must apply in advance to the authority which issues the authorization.
The authority which issues the authorization informs the applicant procedures to run and to present documents.
A plan approval or authorisation to operate new or renewed is necessary when transformations or changes installation cables, or essential changes in the operation are not covered by the plans approval or authorization to operate existing.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 37 replacement of elements of the same type


When a building important safety element is replaced by an element of the same type, the operator must prove that construction element has been executed in accordance with the regulations.
Is considered as evidence a statement of conformity of the manufacturer for this item and, if necessary, a statement of compliance or an expert report valid as well as documents that prove in a verifiable way that there is an element of the same type.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 38Renouvellement of authorization to operate the authority issuing permission controls based on risk if the documents presented under art. 56 or conclusions resulting from oversight under art. 59 contain concrete evidence to suggest a violation of the duty of care referred to in art. 18 LICa.
The renewal application is not subject to the obligation to provide evidence on the State of the installation.
The authority which issues the authorization renewed authorization to operate when there is no breach of the duty of care or ground of revocation.
The operating licence is renewed until the end of the concession, if the applicant did ask anything else or a shorter period is not necessary as a result of findings of the safety oversight.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 39 transfer of authorization to operate on demand, the authority which issues the authorization may transfer the operating licence to another person if it fulfils the conditions for the granting of such an authorization, and if the former holder agrees.
The licensee is not entitled to entrust the operation to a third party.

Art. 40 end of approval the operating licence may be cancelled upon request of its holder.
It can be revoked in accordance with the condition laid down in art. 60, al. 3. it expires: a. its term; b. in case of cancellation; c. cancellation; e. three years after the cessation of regular and professional operation.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Section 2 Organization of exploitation art. General 41Exigences the transport to cable company is responsible for important aspects for safety operation and maintenance of the cable installation.
The operation and maintenance (operating organization) from installation to cable must be adapted to the size, features and the risks inherent in the site of the installation, and guarantee the irreproachable fulfillment of tasks.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 42 and 43 repealed by section I of the O 2 sept. with effect from October 1, 2015. 2015 (2015 3167 RO).

Art. 44Organisation of evacuation transport to cable company must prove that, in all the eligible operating conditions, an evacuation can be performed at any time, safely and on time.
She must perform ad hoc exercises to the extent required at least once a year.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Section 3 staff and technical management art. 45 staff operating and maintenance can be entrusted only to trained accordingly, controlled about his ability and familiar with its operation and installation cables.
There is concrete evidence, transport to cable companies check the State of health of important tasks for the security personnel.
The number of staff must be sufficient to ensure the safe operation and maintenance in accordance with the requirements.


Repealed by no I of O 2 sept. with effect from October 1, 2015. 2015 (2015 3167 RO).

Art. Technical 46Direction technical leaders and their alternates must possess the knowledge and experience of exploitation necessary for the use and maintenance of the buildings, facilities and vehicles.
Before you can carry out their duties in the company, they must be recognized by the competent supervisory authorities.
The technical leader has operational responsibility of the important aspects for safety operation and maintenance of cable installation insofar as the transport to cable company granted ad hoc skills and it has the necessary resources.
In case of breakdowns or accidents, technical Chief or his Deputy takes the necessary measures.
The technical leader affect operating and maintenance personnel for this purpose and proves that it is sufficiently trained. The designation and the evidence must be updated as and when.
The technical leader can give the operational responsibility to a substitute only insofar as it has sufficient experience and training to carry out the activities in question.
The regulatory performance of the tasks transferred to the technical leader should not adversely affect the conditions of work.
Chief Technical Officer and chief operating officer functions can be performed by one and the same person.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 46aPrescriptions on the formation of the technical direction of the DETEC enacts after consulting with the OFT, the body of technical control of the IATTC and the ski lifts Swiss association for cable installations subject to the federal plan for the approval of plans and the operating licence, the requirements on training of technical managers and their deputies.
The cantons issue, for cable installations subject to cantonal authorization to construct and operate, regulations on the training of technical managers and their deputies after consulting the body of technical control of the IATTC and the ski lifts Swiss association.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 47Obligations of transport to cable companies cable transport company appoints a Chief Technical Officer and at least one alternate, and Announces these people to the supervisory authorities.
It ensures that technical chiefs and their alternates have lasting knowledge in their field of activity; It ensures to keep them informed of the rules of the art as well as of the requirements and standards.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 47aInterdiction of the business and revocation of recognition no supervisory authority, for an indefinite period, to pursue the activity of technical leader or technical Chief Deputy to a person: a. which the physical or psychic ability no longer allows him to exercise a crucial activity for security; b. who suffers from an addiction that precludes the ability to exercise a crucial activity for security; c. whose behavior does not guarantee that she will respect requirements during a crucial activity for safety.

It revokes the recognition when the circumstances giving rise to the withdrawal of the recognition are durable.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Section 3acapacite to service art. 47b self-control and statement in case of reduced capacity if a person exercising a decisive activity for security considers that its capacity to exercise such activity are reduced so that it can no longer guarantee the safety, it must: a. immediately renounce any decisive activity for security; b. immediately announce it to her supervisor.

Art. 47 ban a crucial activity for the company security prohibits a person responsible for defining activities for security to exercise the activities if that person is unable to provide the service due to a disease or physical or psychic, disability of alcoholism, another addiction or other reasons.
The employees of a company should not leave a person in a State of inability to provide the service certain crucial activities for safety.

Art. 47 d inability to provide the service due to alcohol or other substances the inability to provide the service due to alcohol (intoxicated) is considered proved when a person exercising a decisive activity for security: a. a rate of alcohol in the blood of 0.50 per thousand or more; forgotten the source. a quantity of alcohol in the body causing a level of alcohol in the blood of 0.50 per thousand or more.

Of alcohol in the blood of 0.80 for a thousand or more is considered characterized within the meaning of art. 87, al. 1, of the Federal Act of 20 December 1957 (EBG) railways.

The inability to provide the service due to narcotics is considered proved when one of the following is detected in the blood of a person engaged in activities critical to safety and reached values: a. marijuana (tetrahydrocannabinol) 1.5 µg/Lb. heroin/morphine (free morphine) 15 µg/Lc. cocaine 15 µg/Ld. amphetamine 15 µg / the. methamphetamine 15 µg/Lf. MDEA (methylenedioxyethylamphetamine) 15 µg/Lg. MDMA (methylenedioxymethylamphetamine) 15 µg/L the OFT shall issue a directive on the detection of these substances.
For people who can prove that they consume one or more substances listed in para. 3 on medical prescription, the inability to provide the service is not considered proven by the only detection of these substances.
The transport to cable company can enact stricter rules about alcohol consumption, that fall under the labor law.

SR 742.101 art. 47th competent Service to control the services referred to in art. 18A LICa in relation to art. 84 EBG are competent to control the ability to provide the service.
The employees of these services must meet the following conditions: a. they must be trained for this activity; (b) they must be part of the same transportation company to cable as the person to control; (c) at least one of them must be reachable during operating hours; d. do not subject to grounds of challenge to the senses of the art. 10 of the Federal Act of 20 December 1968 on administrative procedure.

The staff of these services must be able to certify skills attributed to them.

RS 742.101 RS 172.021 art. 47f supplementary provisions for the control of the ability to service, shall apply by analogy, in addition to the art. 47b to 47th, the art. 17 to 25 of the Ordinance of 4 November 2009 on the defining activities for safety in the rail sector.

RS 742.141.2 Section 4 operations and maintenance art. 48 installation security measures can be exploited only: a. If the technical leader or a Deputy can be reached at any time and if it is guaranteed that it can go to the site of the facility in an hour; (b) if the staff responsible for the operation of the facilities and vehicles as well as the reception of travellers is at work; etc. If weather conditions permit.

When safety is no longer guaranteed, the operation must be interrupted.
People who, because of their State or their behavior, could endanger operations or others should not be transported.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 49Transport of dangerous goods transportation of dangerous goods is governed by the provisions: a. the order of October 31, 2012 on containers of dangerous goods; ETB. order of October 31, 2012, on the transport of dangerous goods by rail and cable installation.

New content according to section II 2 of annex 3 to the O of 31 October. 2012 on the transport of dangerous goods by rail and installation cables, in force since Jan. 1. 2013 (2012 6541 RO).
RS 930.111.4 RS 742.412 art. 50 duty to record the transport to cable company holds documentation on: a. controls and their results, maintenance work, inspections and exercises, as well as on the measures taken, including the work of maintenance and rehabilitation (documentation on maintenance); b. other defects and failures noted, special events and the measures taken.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. Maintenance 51Principes installing cable must be maintained in a State so that his safety and that of its elements is guaranteed at all times.
Maintenance should be planned and organized so that: a. the legal requirements and those of the company are met; b. officials are constantly aware of the State of buildings, facilities and vehicles.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 52Planification maintenance and repair work the shipping to cable company plans the maintenance and repairs of the plant so that the security of the facility and its elements is guaranteed during intended use.
The assessment of the various elements of the installation must be done in view of the overall system.
The results of the planning must be taken into account in the operating and maintenance requirements.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 52aPrescriptions operating and maintenance of cable transport companies enact operating and maintenance requirements taking into account the operational concept.
Operating and maintenance requirements: a. present understandable how the security of the facility and its elements is guaranteed during intended use; b. set for the various elements of the installation steps and their periodicity;. c describe the operation of the facility and its components; d. include instructions on the use and the correct installation maintenance including procedures and work instructions.

Introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 53 controls transport to cable companies ensure that controls ordered in the operating regulations are made on time and according to the rules of the art.

Art. 54 appeal to third parties when the transport to cable company lacks the technical knowledge of instruments and appliances to perform some maintenance work, it should entrust them to experienced external specialists.
When using the services of a third party, it must ensure that it also has information of the latter.
If the surveillance of maintenance by the company is not enough, the supervisory authority may order to third parties.
The supervisory authority may order checks of cables non-destructive to perform by an organ of control cables that it recognizes.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Section 5 dismantling of installation art. 55. If the operation of a facility to cables suspended permanently, the owner must dismantle.
If the installation is no longer in condition to be exploited, the owner must remove the cables immediately and apply to the authority which issues the authorization for dismantling of the installation.
The authority which issues the authorization order to what extent the initial State must be restored.

Chapter 4 monitoring and fees Section 1 supervision art. 56 obligation to announce and inform each year, as well as at the request of the supervisory authority, the transport to cable company must submit to the latter documentation under art. 50. the supervisory authority determines the scope of the documentation to present.
The transport to cable company announces immediately to the supervisory authority: a. changes in the liability referred to in art. 47, al. 1; (b) the merger, split or dissolution of the company; c. the bankruptcy of the company or a notice of over-indebtedness; d. facilities out of operation as soon as it is certain that this State will last more than a year.

Cables transport company, the manufacturer and the person responsible for the placing on the market within 30 days to the supervisory authority announce their own new knowledge that may affect the safety of the installation.
Event or news own knowledge that may affect the security of a facility, the manufacturer or the person responsible for the placing on the market indicate the supervisory authority which other facilities could be affected based on the construction used.
Event, the order of December 17, 2014 on safety incident investigations in the field of transport shall apply to cableways for the benefit of a federal grant.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
RS 742.161 introduced by section I of the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. During the lifetime of the installation, 57Documents to keep the transport to cable company must keep the following documents on this site:

a. analysis and safety report; b. safety record c. operating regulations; d. maintenance documentation; (e) the documents referred to in art. 37, al. 2. She keeps 10 years the documents referred to in art. 58. the manufacturer shall keep at least 30 years: a. the documents covered by annexes V and VII of the EU directive on facilities to cables; b. certificates regarding the materials, the minutes of the controls on the production of important construction elements for safety.

If the manufacturer is located in Switzerland or in a Member State of the EU, the obligation referred to in para. 3 is the responsibility of the person responsible for the placing on the market.
Documents must be developed so that it can be linked unequivocally to the structural member to which they relate.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
CF. footnote page about art. 3, al. 4 art. 58comptabilite A the request of the supervisory authority, transport to cable company must provide: a. operating account; (b) the balance sheet; (c) fixed assets and depreciation accounts or the table of fixed assets; (d) the investment plan.

At the beginning of its activity, it must present the documents referred to in the al to the supervisory authority. 1, let. b to d.
For transport to cable companies that get benefits within the meaning of art. 49 EBG or contributions within the meaning of art. 56 EBG, books and records must be held: a. According to the provisions of section 7 of the LTV. ETB. According to the provisions enacted by the DETEC under art. 35, al. 1 and 2, LTV.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
SR 742.101 art. 59Surveillance the construction, operation and maintenance in the approval of plans, the concession, authorization to operate, recognition of technical management and the processing of the ads, the supervisory authority controls compliance with safety and environmental requirements as well as other requirements during the construction, operation and maintenance of the facilities.
She can make with some companies of transport to the control cables of the construction, the exploitation and the protection of the environment, as well as audits, require evidence and expertise in justified cases and controls by surveys itself.
There is concrete evidence, it can at any time control respect for requirements related to important safety construction elements and subsystems.
It monitors compliance with the environmental requirements with the assistance of the specialized authorities.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 60Mesures if the supervisory authority finds that a cable installation can compromise the security of people or goods or that there is violation of the requirements, or if there is concrete evidence on the matter, it requires, as a general rule, the transport company to cables that it proposes measures to restore security and compliance to the requirements. It may prohibit the continued operation with immediate effect if safety so requires.
If the measures proposed by the company are insufficient to restore security and compliance with the regulations, the authority may require that it proposes other measures or itself the measures needed.
If safety and compliance to the requirements cannot be restored, the authority revoke the operating licence.
If the supervisory authority finds that a building element important to safety or a subsystem used for its intended purpose may compromise the security of a facility to cables, she immediately notifies other authorities of the measures taken.
Supervisors can manage a database on the measures taken and their justification and inform the public.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 61Surveillance of the market supervisory authority can control the safety components and subsystems on the market and, if necessary, take samples.
The powers of the supervisory authority are governed by art. 10, al. 2 to 5, of the Act of June 12, 2009 on the safety of products (Prsl).
The supervisory authorities inform each other without delay and the State Secretariat for Economic (Affairs SECO).
The obligation to cooperate and inform which must meet those responsible for placing on the market and other individuals is set in art. 11 Prsl.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
RS 930.11 Section 2 fees art. 62. the emoluments are governed by the order of 25 November 1998 on the emoluments of the OFT, as well as by the relevant cantonal provisions.

RS 742.102 Chapter 5 bodies of the conformity assessment, evaluation and expert procedure Section 1 Art. conformity assessment bodies 63 requirements for the field in question, the conformity assessment bodies shall: a. be accredited according to the order of June 17, 1996 on accreditation and designation and to justify an insurance of at least 5 million francs against the effects of civil liability, forgotten the source. to be recognized by the Switzerland under an international agreement and to justify an insurance valid in Switzerland against the effects of civil liability.

Anyone who refers to documents of another body than those mentioned in para. 1 must demonstrate credibly that the procedures applied and the qualification of the Agency meet Swiss requirements (art. 18, para. 2, of the Federal ACT of 6 oct. 1995 on technical barriers to trade).

RS 946.512 new content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 64 rights and obligations of conformity assessment bodies have the rights and obligations provided in annexes V and VII of directive on cableways.

OJ L 106 of 3.5.2000, p. 21-48 Section 2 Art. conformity assessment Procedures According to the choice of the manufacturer, 65 components of security assessment of the conformity of the safety components must be performed according to one of the following procedures in accordance with annex V to EU directive on cableways: a. According to the procedure of the type examination (module B) in liaison with the production quality assu-rance (module D) or checking on products (module F); (b) according to the procedure of insurance full quality (module H); c. According to the procedure of the verification (module G) unit.

CF. footnote page about art. 3, al. 4. new content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Art. 66 subsystems the assessment of the conformity of the subsystems is governed by Annex VII of directive on cableways.

OJ L 106 of 3.5.2000, p. 21-48 Section 3Experts art. 67 specialized requirements experts should have expertise and experience at the height of the complexity of the project to review and its importance for security, including: a. being able to justify training; ETB. Having realized or considered comparable to the examined object objects.

Art. 68 independent experts must not already looking for other functions on the object of the application.
They must be independent in their decision-making; in particular, they should not be subject to instructions on this subject and their remuneration must not depend on the outcome.

Art. 68a persons of legal persons may operate as experts if they employ people who meet the requirements specialist as well as the requirement of independence.

Art. 68b use of experts and the OFT requirements issues, if possible in agreement with the supervisory body of the IATTC, guidance on the use of experts, on the requirements that they must meet and the reports they write.

Art. 68(c) liability and insurance the experts should not disproportionately restrict the responsibility associated with the reports they write.
They must have acquired sufficient liability insurance.
They agree with the principal of the scope of their responsibility and ad-hoc insurance.

Chapter 6 provisions criminal art. 69 under the terms of art. 25, al. 1, let. d, LICa, will be punished any person who will be broken deliberately or by negligence: a. art. 34; (b) art. 36, al. 1; c. art. 50; d. art. 56, al. 1 to 4; e. art. 57. new content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

Chapter 7 provisions finals Section 1 repeal and amendment of law art. 70 repeal of the law in force are repealed:

a. the order of 10 March 1986 on the construction and operation of cable cars and funiculars to Federal concession; b. the order of 8 November 1978 on the granting of concessions to the cable cars; c. the order of 22 March 1972 on the cable cars used to transport people without federal dealership and on the ski lifts; d. October 24, 1961, on the cable cars order subsidized serving , without federal concession, for the transport of personnes.e. the order of February 15, 1957, on the prevention of accidents during the construction and operation of cable cars and funiculars, carrying passengers on building sites and in craft and industrial businesses.

[RO 1986 632, 1991 1476 art. 34 ch. 4, 1994 1233 art. 145, 1997 1008 annex c. 6, 1999 754 appendix c. 5, 2000 2103 annex ch. II 3 2538 2777, 2005 4957]
[RO 1978 1806, 1987 1052 art. 52 let. e, 1989 342, 1996 146 ch. I 7, 1997 2779 c. II 50, 1999 704 ch. II 25 754 annex c. 4]
[RO 1972 1973 1974, 672, 1991 370 annex ch. 5, 1999 c. II 27 704]
[RO 1961 937, 1972 2709]
[RO 1957 146, 2002 3933]

Art. 71 other variation...

Mod. can be found at RO 2007 39.

Section 2 provisions transitional art. 72 facilities according to current law, concessions and authorizations to operate, as well as cantonal authorities remain valid until they expire, but at the latest until December 31, 2027. The competence of the supervisory authorities remains valid until then.
The renewal of the operating licence is governed by art. 38 art. 73 periodic checks for periodic inspections, the provisions contained in points 94 and 104 as well as in annex 2 of the following orders still apply for existing facilities: a. order of 11 April 1986 on the cable cars to continuous movement; b. order of 12 January 1987 on the chairlifts; c. order February 18, 1988, on the cable cars back and forth; d. order of 17 June 1991 on the cable cars.

The cantonal provisions apply to the facilities for the benefit of a cantonal authorization.

New content according to chapter I of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).
RS RS RS 743.121.3 743.121.2 743.121.1.
SR 743.121.6 art. 74 repealed by section I of the sept 2 O. with effect from October 1, 2015. 2015 (2015 3167 RO).

Section 3 entry into force art. 75. this order comes into force on January 1, 2007.

Annex 1 (art. 4, para. 2, 11, para. 1 let. a and 12) Documents to be submitted to the authority which issues the authorization under the procedure for approval of the plans the transport to cable company must provide the following documents to the authority issuing the authorization, at the same time as the application for approval of the plans, to assess security: 1 Situation and overall design , as well as of the facility, with the following: a. location Plans with reference to the planned works and affected plots, b. profile in long and transverse profiles determinants with assessment of the parallelisms and crosses with other transport facilities, roads and power lines, c. site Plans of stations and pylons, with an indication of the relevant dimensions of the construction and the use of surfaces , the location of the subsystems, ladders and platforms, d. Plans of pylons or situation of the route, with indication of the affected parcels and the distances to their limits, e. profiles of free space with areas of longitudinal and transversal oscillations in stations and online, with respect safety distances and distances from the ground , f. Documents on power facilities (stations, transformative) y c. indications relating to the effects on the population and the environment;

2. usage agreement; 3. Operating concept and evacuation of passengers; 4. Technical report, including configuration, planning and the allocation of the major components of the system (y c. synoptic patterns of all the subsystems); 5. Design and general electric devices of the installation, including pattern of electric safety; 6 devices. Enumeration of the elements of the facility, compliance with the requirements will be proved by expert reports or approvals in place of certificates of conformity; 7. Calculation of cables with the evidence of the minimum and maximum forces exerted on the cables, indications on the voltage system, respect of prescribed security, the values of friction on the driving pulley and the forces to support minimum of the cable on the pylons and the pebbles; 8. Expertises carried out by independent experts on the influences of the environment on the installation cable, including the conditions from the ground, wind and snow, the danger of frost, the situation of avalanches, falling rocks, landslides, scree and fires; 9. Construction organization and accountability regarding the construction of the facility, including who is responsible for the transport company to cables and which parts of the facility as a planner, manufacturer or an expert; 10. Documents proving the technical knowledge and experience of the experts, as well as the existence of their liability insurance; 11. List of documents and attestations present; 12. Security analysis; 13. Safety report; 14. Possible risks as referred to in art. 6. no later than two months prior to the granting of approval of plans, the transport to cable company must submit to the authority issuing the authorization the following documents, needed to assess the security: 1 Plan of the forces of the stations and pylons; 2. Basis of the draft; 3. Expert report intended to control the calculation of cable, y c. determining parameters for this one, and the results.

The al. 2, ch. 3, is not applicable to the ski lifts to low cable.

Updated by clause II of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

State on 1 October 2015 annex 2 (art. 4, para. 3 and 16, let. a) controls required by the authority which issues the authorization under the procedure for approval of the plans the authority which issues the authorization makes the following controls in the approval procedure of safety plans: 1. on the basis of the documents submitted, it controls based on risk and using surveys, the location of the following items for installation: a. drew the line on the ground, b. load bearing constructions stations and pylons; for funiculars, carrying stations, line construction, and works of art, c. vehicles and components mechanical, d. systems of electric devices of security, e. positions of command, f. engineering, g. spaces reserved for passengers, h. weather protection;

2. in addition, the authority issuing the authorization, based risk control and using surveys: a. distances in the case of parallel tracks and crossings with other transport facilities, roads and power lines, the distance from the ground and fixed objects not belonging to installation, as well as spaces for the oscillations longitudinal and transverse vehicles online and in stations , b. the respect of the maximum time provided by the rescue plan, c... .d. If the expertise related to environmental influences were taken into account in the basis of the project and in the usage agreement, e. technical knowledge and experience of experts; f. the proposals of the cantons as to its relevance for safety, g. safety report; h. According to annex 1 expert report.

Updated by clause II of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

State on 1 October 2015 Schedule 3 (art. 26, al. 2, let. c) Documents to be submitted to the authority which issues the authorization with the application for authorization to operate to get authorization to operate, transport to cable company must present the following documents to the authority which issues the authorization:

1. the application for authorisation to operate; 2. the basis of the draft updated, as well as the convention on the use; 3. the operating concept and evacuation, evacuation plan with proof of respect for eligible; 4 maximum evacuation time. documentation attesting that the measures in the security report have been implemented; 5. documentation attesting that the charges resulting from the approval of plans or cantonal authorization decision have been observed; 6. plans of execution, as well as the justifications for structural safety, the fatigue strength and the ability to service the elements of building infrastructure important for Security; 7. the comparison of the parameters of the subsystem with the requirements and the specific characteristics of concrete; 8 installation. the documents that verify the interfaces between the subsystems as well as between the subsystems and infrastructure; 9. the probationary; 10 review report. the designation of the technical leader and his replacement, as well as evidence that the Chief and his Deputy have received a sufficient statement on the part of a person appropriate; 11. a complete and usable service instruction (art. 52, para. 2, let. d) as well as a model for the documentation of the work of maintenance, control and monitoring; 12. certificates of conformity (art. 28); 13. the reports of experts (art. 29); 14. the evidence that the plant is built according to the requirements (art. 30).

Updated by clause II of the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3167 RO).

State on 1 October 2015

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