Key Benefits:
1 This Act governs the construction and operation of railways.
2 The railway comprises the infrastructure on which the transport of passengers subject to the scheme of the concession is carried out, or which allows access to the network, as well as the transport carried out on it.
3 The Federal Council shall decide whether other facilities and vehicles shall be subject to the provisions of this Law.
1 New content according to the c. I 4 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 ).
Railway undertakings are undertakings which:
1 New content according to the c. I 4 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 ).
1 Railway undertakings which have an infrastructure concession within the meaning of Art. 5 may exercise the right of expropriation in accordance with federal law if, when granting the grant, the public interest under s. 6, para. 1, let. A, was recognized.
2 The expropriation procedure is applicable only if efforts to acquire the necessary rights voluntarily or to obtain a land consolidation have failed.
3 Railway rights cannot be acquired by prescription.
1 New content according to the c. II 13 of the LF 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).
2 According to the c. II 13 of the Law of 20 March 2009 on railway reform 2, in force since 1 Er Jan 2010, the marginal titles are transformed into medium titles, the c. And the let. Are not resumed ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
1 Repealed by c. 18 of the annex to the PMQ of 24 March 2000 on the fors, with effect from 1 Er Jan 2001 ( RO 2000 2355 ; FF 1999 2591 ).
1 Anyone who wants to build and operate a railway infrastructure must have an infrastructure concession (concession). 2
2 The railway undertaking shall have the authorisation and the obligation to construct and operate the railway infrastructure in accordance with the railway legislation and the concession.
3 The operation of the infrastructure includes the development and maintenance of the facilities as well as the management of power systems with traction, safety and traffic control.
4 In addition, a security accreditation is required to operate the infrastructure. The Federal Council may provide for derogations for undertakings operating on a regional basis. 3
1 New content according to the c. I 4 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 New content according to the c. II 13 of the LF 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).
3 New content according to the c. I 4 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 ).
1 The Federal Council grants the concession in the following cases:
2 In addition, the grant of the concession presupposes:
3 Before granting the concession, the Federal Council shall consult the cantons concerned.
4 As far as tramways are concerned, the authorisation required by the cantonal law for the use of public roads must have been granted or guaranteed.
5 The grant shall be granted for a maximum period of 50 years. It can be modified and renewed.
6 The Federal Department of Environment, Transport, Energy and Communication (DETEC) is responsible for:
1 New content according to the c. II 13 of the LF 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).
2 RS 745.1
3 Introduced by ch. I 4 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 ).
1 At the request of the concessionaire, the DETEC may transfer the concession to another company. 2 The interested cantons are consulted in advance.
2 If it is intended to transfer only certain rights or obligations based on the law or the concession, the concessionaire shall forward to the Federal Transport Office (OFT) for information the operating contracts concluded for that purpose. The concessionaire shall continue to reply to the Confederation for the fulfilment of the obligations laid down by law and the concession.
1 New content according to the c. II 13 of the LF 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).
2 New content according to the c. I 4 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 ).
1 After having heard the interested cantons, the Federal Council may cancel the concession:
2 The concession lapses:
1 New content according to the c. II 13 of the LF 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).
1 The OFT has jurisdiction over the granting of security accreditation.
2 The security accreditation includes the certification of the security management system established by the infrastructure manager and the measures taken by the infrastructure manager to ensure the safety of the operation of its lines. 2
3 It shall be granted for up to five years and may be renewed.
1 Introduced by ch. I 4 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 Erratum of the Ass CoR. Fed. From 13 November 2013, published on 14 January 2014 ( RO 2014 157 ).
The OFT shall revoke the security accreditation at any time, without compensation, in whole or in part, if the conditions of its grant are no longer fulfilled or if the infrastructure manager is seriously or repeatedly violating the law or Accreditation.
1 Introduced by ch. I 4 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 ).
1 A person who wishes to transport by rail must be in possession of a licence as a railway undertaking (network access authorization) and a safety certificate. The Federal Council may provide for derogations for undertakings operating on a regional basis.
2 Every railway undertaking shall be entitled to carry out rail transport on its own lines and on the lines of third parties for which the safety certificate is valid.
3 The company must comply with Swiss legal requirements, including:
4 The right to carry travellers on a regular and professional basis, granted under ss. 6 to 8 of the Law of 20 March 2009 on passenger transport 2 , is checked out.
1 Introduced by ch. I 4 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 745.1
1 The OFT grants access to the network when the company meets the following conditions:
2 The authorisation shall be granted for at most ten years. It can be renewed.
3 If mutual recognition is agreed with other States, the authorisations granted by the latter are also valid in Switzerland.
1 Introduced by ch. I 4 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 ).
1 The OFT is competent to grant the safety certificate.
2 The safety certificate shall include the approval of the safety management system established by the railway undertaking and of the measures taken by the railway undertaking to ensure the safety of the operation of its lines. In particular, the company must prove that: 2
3 The security certificate shall be granted for a maximum of five years. It can be renewed.
4 If mutual recognition is agreed with other states, the security certificates granted by the latter are also valid in Switzerland.
1 Introduced by ch. I 4 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 Erratum of the Ass CoR. Fed. From 13 November 2013, published on 14 January 2014 ( RO 2014 157 ).
The OFT shall revoke the authorisation for access to the network and the safety certificate at any time, without compensation, in whole or in part, if the conditions of their grant are no longer fulfilled or if the undertaking is in serious or several breach The Act, the authorization or the certificate.
1 Introduced by ch. I 4 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 ).
1 Repealed by c. I 4 of the LF of 16 March 2012 on the second part of the reform of the railways 2, with effect from 1 Er Jul. 2013 ( RO 2012 5619 , 2013 1603; FF 2011 857 ).
1 The infrastructure manager allows rail transport companies to access its network without discrimination. 2
2 In the event of the granting of access to the network, passenger traffic on a scheduled basis remains a priority. Correspondence within a coordinated public transport chain should not be compromised.
3 The Federal Council may grant derogations from the hierarchy of priorities defined in para. 2, taking into account the imperatives of the economy and spatial planning.
4 Any company wishing to transport may request access to the network for a route defined in time and space (groove). No later than one month prior to commissioning, it shall submit an authorization for access to the network or mandate a railway transport undertaking to carry out the transport. The undertaking which carries out the transport must present the safety certificate at the latest at the beginning of the races. 3
5 The grooves cannot be sold or transferred to another company. A mandate within the meaning of para. 4 is not considered to be a sale or transfer. 4
6 The Federal Council defines the other principles of access to the network and sets the rules. It may enter into agreements with other states which provide for access to the network for foreign companies. In this context, it takes into account the principle of reciprocity. 5
1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
2 New content according to the c. I 4 of the LF of 16 March 2012 on the second part of the reform of the railways 2, in force since 1 Er Dec. 2012 ( RO 2012 5619 ; FF 2011 857 ).
3 New content according to the c. I 4 of the LF of 16 March 2012 on the second part of the reform of the railways 2, in force since 1 Er Dec. 2012 ( RO 2012 5619 ; FF 2011 857 ).
4 Introduced by ch. I 4 of the LF of 16 March 2012 on the second part of the reform of the railways 2, in force since 1 Er Dec. 2012 ( RO 2012 5619 ; FF 2011 857 ).
5 Introduced by ch. I 4 of the LF of 16 March 2012 on the second part of the reform of the railways 2, in force since 1 Er Dec. 2012 ( RO 2012 5619 ; FF 2011 857 ).
1 The concessionaire railway undertaking shall have the right to levy a fee for the use of its infrastructure.
2 The undertakings concerned shall settle in a convention the terms of access to the network and the fee. If they fail to reach an agreement, the Arbitration Board (s. 40 A ) Statue.
3 The user fee shall be fixed in a non-discriminatory manner and shall cover at least the marginal costs normally incurred by a modern section and calculated by the OFT for the segment category concerned. The fee shall take into account, in particular, the different costs associated with the network and the impact of vehicles on the environment, as well as the demand. In the case of regular passenger transport, the charge shall cover the marginal costs calculated by the OFT and the share of the revenue determined by the granting authority to be paid to the operator.
4 The Federal Council defines the principles applicable to the calculation and rules the publication. In defining these principles, it ensures that the prices of the furrow are the same on comparable lines and that the railway capacity is maximally exploited. 2
1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
2 New content according to the c. I 1 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 ).
1 The construction and operation of railways is subject to monitoring by the Federal Council. The latter may limit the supervision in an appropriate manner in respect of the railways which essentially provide local traffic or are in particularly simple conditions and are not technically connected to the network of others Railways. 1
2 The supervisory authority is the OFT. 2
1 New content according to the c. II 13 of the LF 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).
2 New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
1 Repealed by c. 75 of the Annex to the PMQ of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
The OFT shall have the right to cancel the decisions and provisions taken by the organs or services of the railway undertaking or to prevent its execution where they violate this Law, the concession or the international conventions or Have important national interests.
1 New content according to the c. II 13 of the LF 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).
1 Repealed by c. I of the LF of 18 June 1993, with effect from 1 Er Jan 1994 (RO) 1993 3199; FF 1993 I 757).
1 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
1 Railway undertakings shall immediately announce to the OFT any serious accident or incident in the operation of the railways.
2 They provide the OFT at all times with all the information and documents it needs. It also provides free access to all rail facilities and vehicles and supports it free of charge in its audit and control activities.
1 Introduced by the Annex to the PMQ of 1 Er Oct. 2010 ( RO 2011 1119 ; FF 2009 4405 ). New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 (RO) 2015 3205; FF 2013 6441).
1 An investigation is initiated to elucidate the circumstances, the conduct and the causes of any serious accident or incident in the operation of the railways.
2 The purpose of the investigation is to prevent similar accidents. It is not intended to establish fault or liability.
1 New content as per the Annex to the PMQ of 1 Er Oct. 2010, effective from 1 Er Nov 2011 ( RO 2011 1119 ; FF 2009 4405 ).
1 The Federal Council establishes an investigative service.
2 The investigation service, independent of the administrative authorities, is attached to the DETEC.
3 The Federal Council appoints the members of the investigation department. These individuals must be independent specialists.
4 Management recruits other collaborators of the service.
5 The Federal Council regulates the organisation of the service. It may bring this body together with the investigative service referred to in s. 25 of the Aviation Act of 21 December 1948 2 .
1 Introduced by the Annex to the PMQ of 1 Er Oct. 2010, effective from 1 Er Nov 2011 ( RO 2011 1119 ; FF 2009 4405 ).
2 RS 748.0
1 The Investigation Service prepares a report for each investigation. This report is not a decision and cannot be appealed.
2 In order to clarify the facts, the investigative unit may order the following:
3 If the rights or obligations of individuals are affected, the investigation department makes a decision. Subject to provisions contrary to this Law, the Federal Act of 20 December 1968 on Administrative Procedure 2 Is applicable.
4 Decisions rendered in the course of the investigation may be subject to opposition before the investigation service within ten days.
5 The survey service manages a quality assurance system. In particular, management shall ensure that the depositions of all those involved are duly taken into account.
6 The Federal Council regulates the procedure, in particular as regards coercive measures and the publication of reports.
1 Introduced by the Annex to the PMQ of 1 Er Oct. 2010, effective from 1 Er Nov 2011 ( RO 2011 1119 ; FF 2009 4405 ).
2 RS 172.021
Where another authority finds in a binding decision that a person has caused the event intentionally or by gross negligence, the investigation service may charge a portion of the costs of the investigation. The Federal Council regulates the calculation of fees. It takes into account the seriousness of the fault in this regard.
1 Introduced by the Annex to the PMQ of 1 Er Oct. 2010, effective from 1 Er Nov 2011 ( RO 2011 1119 ; FF 2009 4405 ).
1 As part of its monitoring activities, the OFT is empowered to collect and process the necessary data from railway undertakings. Railway undertakings must provide the necessary information to the official transport statistics. 2
2 It may collect and process data for the establishment of a permit from the data subjects.
3 For transport planning purposes, the OFT may also require railway undertakings to collect and submit data relating to the sectors. It may publish such data to the extent that such publication is necessary to achieve the objectives set and responds to a major public interest.
4 After having conducted a review based on the principle of proportionality, the OFT may publish sensitive data where they make it possible to draw conclusions on the company's compliance with the security provisions. In particular, it may publish information concerning:
5 The Federal Council regulates the modalities, including the form of publication.
1 New content according to the c. II 13 of the LF 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).
2 Phrase introduced by ch. I 4 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 ).
1 For their activities under the concession and authorisation, undertakings are subject to Art. 16 to 25 Bis The Federal Law of 19 June 1992 on Data Protection (LPD) 2 If they act in accordance with private law, they are subject to s. 12 to 15 HPA.
2 Companies can handle sensitive data and personality profiles if this is necessary for the security of the infrastructure, in particular its construction and operation. The same applies to third parties who perform the duties of the concession holder. The latter responds to compliance with data protection legislation.
3 Supervision is governed by s. 27 LPD.
1 Introduced by ch. II 13 of the LF 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).
2 RS 235.1
1 To protect the infrastructure, companies can install a video surveillance.
2 Companies may delegate video surveillance to third parties to whom they have entrusted the security service. They respond to compliance with data protection legislation.
3 Video signals can be recorded. As a general rule, they must be analyzed on the next business day following registration.
4 After analysis, the video signals must be kept in a safe place against theft. They must be protected from abuse and destroyed at the latest after 100 days.
5 The records may be disclosed only to the criminal prosecution authorities or to the authorities before which the companies file a complaint or claim rights.
6 The Federal Council regulates the modalities, including the manner in which video signals should be retained and protected from abuse.
1 Introduced by ch. II 13 of the LF 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).
1 Railway installations and vehicles shall be constructed, operated, maintained and renewed in accordance with the requirements of traffic and protection of the environment and the progress of the technology. The needs of persons with reduced mobility are taken into account in an appropriate manner.
2 The Federal Council shall issue the necessary construction and operation requirements, as well as the technical unit and admission to rail traffic, taking into account the interoperability and safety standards associated with each Section. It shall ensure that technical requirements are not misused to hinder competition.
3 The OFT regulates the movement of trains. 3
4 Railway undertakings are responsible for the safety of the operation of railway installations and vehicles, within the limits of the regulations. They develop the necessary requirements for safe operation and submit them to the OFT. 4
1 New content according to the c. I of the PMQ of 20 March 1998, in force since 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
2 New content according to the c. II 13 of the LF 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).
3 New content according to the c. II 13 of the LF 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).
4 New content according to the c. II 13 of the LF 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).
1 The OFT shall maintain a directory of all vehicles admitted to Switzerland under this Law.
2 Holders of an authority to operate are required to report their vehicles to the OFT in order to be registered in the inventory.
3 The directory is accessible to all security authorities and to all accident, Swiss and foreign investigative services, as well as to any person with a legitimate interest.
4 The Federal Council regulates:
5 It can:
1 Introduced by ch. I 1 of the LF of 19 Dec. 2008 on the mod. Transport Law ( RO 2009 5973 ; FF 2007 4147 ). New content according to the c. I 4 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).
1 It shall be responsible for the maintenance of a vehicle the person registered as such in the repertoire of vehicles admitted to Switzerland.
2 In the absence of the registration of the vehicle or the person in charge of maintenance in the directory, the responsibility for maintenance rests with the holder of the authorisation to operate, and in the alternative to the person holding the effective authority To dispose of the vehicle.
3 The Federal Council may lay down requirements to be met by those responsible or responsible for maintenance.
1 Introduced by ch. II 13 of the LF of 20 March 2009 on railway reform 2, ( RO 2009 5597 ; FF 2005 2269 , 2007 2517). New content according to the c. I 4 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).
1 During the authorisation procedure, the OFT evaluates the risk-based aspects of safety on the basis of security expertise or spot checks.
2 The OFT indicates to the applicant what safety expertise it must present.
1 Introduced by ch. I 4 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 ).
1 Constructs and installations used exclusively or principally for the construction and operation of a railway (railway installations) shall be established or modified only if the plans of the project have been approved by The competent authority.
2 The authority responsible for approving the plans is the OFT. 2
3 The approval of the plans covers all the authorizations required by federal law.
4 No authorisation or plans under the cantonal law are required. The cantonal law is taken into account in so far as it does not disproportionately interfere with the performance of the tasks of the railway undertaking.
5 As a general rule, approval of plans for projects with significant effects on spatial planning and the environment presupposes that a sectoral plan in accordance with the law of 22 June 1979 on land use planning 3 Has been established.
6 They are also part of the railway installations, when they are located in the immediate vicinity of the proposed installation and are directly relevant to it, the railway yards, the facilities necessary to serve the construction sites in Relating to the construction or operation of a railway and the sites for the recycling and storage of the materials produced by the construction.
1 New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
3 RS 700
The procedure for the approval of plans shall be governed by this Law and, in the alternative, by the Federal Law of 20 June 1930 on Expropriation (LEx) 2 .
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
2 RS 711
The request for approval of the plans must be addressed with the required documents to the competent authority. The latter verifies that the file is complete and, if necessary, complements it.
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
2 New content according to the c. II 13 of the LF 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).
1 Prior to the investigation of the application, the railway undertaking must mark in the field with a picketing, and for buildings with templates, the modifications required by the proposed structure.
2 Objections against picket lines or templates should be addressed without delay to the approval authority of the plans, but no later than the expiry of the period of investigation.
3 The procedure referred to in Art. 15 LEx 2 Applies to other preparatory acts, to the development of the project and to the consolidation of decision-making bases. The approval authority of the plans shall decide on the objections of third parties.
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
2 RS 711
1 The approval authority 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 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.
3 The investigation instituted the expropriation ban as referred to in s. 42 to 44 LEx 2 .
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
2 RS 711
The railway undertaking shall notify the persons concerned, at the latest when the application is being investigated, of a personal opinion informing them of the rights to be expropriated in accordance with Art. 31 LEx 2 .
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
2 RS 711
1 Everyone who is a party under the Federal Act of 20 December 1968 on the administrative procedure 2 Or LEx 3 May object to the approval authority during the period of the investigation. Any person who has not objected shall be excluded from the proceedings.
2 All objections to expropriation and claims for compensation or compensation in kind must be filed within the same time limit. Objections and subsequent applications filed under s. 39 to 41 LEx should be addressed to the approval authority for the plans.
3 The communes assert their interests by way of opposition.
The procedure for eliminating discrepancies within the federal government is governed by s. 62 B The Act of 21 March 1997 on the organisation of government and administration 3 .
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
2 New content according to the c. II 13 of the LF 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).
3 RS 172.010
1 When approving the plans, the competent authority shall also rule on objections to expropriation.
2 The approval authority for plans may approve projects in stages provided that the overall assessment is not affected.
3 Approval of the plans lapses if the completion of the construction project has not commenced within five years of the decision being taken.
4 If there are major reasons for this, the approval authority may extend the validity of its decision by no more than three years. Any extension is excluded if the determining conditions of fact or law have changed significantly since the decision was entered into force.
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
2 New content according to the c. II 13 of the LF 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).
3 Repealed by c. 75 of the Annex to the PMQ of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
1 The simplified plan approval procedure applies to:
2 The simplified procedure applies to detailed plans drawn up on the basis of an already approved project.
3 The authority responsible for approving the plans may order the picketing. The application is neither published nor investigated. The approval authority of the plans submits the project to the interested parties, who may object within 30 days, unless they have previously agreed in writing. It may seek the views of the cantons and municipalities. It gives them a reasonable period of time to decide.
4 In addition, the ordinary procedure is applicable. In case of doubt, the latter is applied.
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
1 After the closure of the approval procedure for the plans, an estimation procedure shall be opened, if necessary, before the Committee of Estimate, in accordance with the LEx 2 . Only the claims that have been filed are taken into consideration.
2 The approval authority shall forward to the Chairman of the Commission an estimate of the approved plans, the plan of expropriation, the table of expropriated rights and the claims that have been filed.
3 The chairperson of the estimate commission may authorize the shipment in advance when the decision to approve the plans is binding. The expropriating property is presumed to be seriously prejudiced if it does not benefit from the early possession. In addition, s. 76 LEx is applicable.
1 Introduced by ch. I of the 8 Oct PMQ. 1982 (RO 1984 1429; FF 1981 I 349). New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071; FF 1998 2221 ).
2 RS 711
1 Where the construction of a railway installation, in particular a tunnel, produces a considerable amount of material which cannot be recycled or stored in the vicinity of the facility, the relevant cantons shall designate the sites Necessary for their disposal.
2 If, at the time of approval of the plans, the canton concerned has not issued an authorisation or the authorisation has not yet entered into force, the approval authority may designate a site for the intermediate storage of the And fix the loads and conditions necessary for its use. In such cases, the provisions on the procedure relating to railway installations shall apply. The Township designates the sites required for the disposal of the materials within five years.
1 Introduced by ch. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
1 The establishment and modification of buildings or installations not used exclusively or mainly for railway operations (ancillary facilities) shall be governed by the cantonal law. They may only be authorized with the agreement of the railway undertaking if the installation annex:
2 Before authorizing an annex, the cantonal authority shall consult the OFT:
3 The OFT shall be entitled to use all remedies provided for by the Federal and cantonal rights against decisions of the cantonal authorities pursuant to this Law or its implementing provisions.
1 Introduced by ch. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
1 In order to ensure the free provision of the necessary land for future railway works and installations, the OFT may itself or on the request of a railway undertaking, a canton or a municipality determine reserved areas Encompassing well-defined regions. The federal authorities, the cantons and the municipalities, as well as the landowners concerned, must be heard. Consultation with the municipalities and landowners concerned is the responsibility of the cantons.
2 Decisions concerning the establishment of reserved areas shall be published in the municipalities concerned, with a reference to the period of appeal. The action shall not have suspensory effect.
1 Formerly art. 18 B . Introduced by ch. I of the 8 Oct PMQ. 1982, in effect since 1 Er Jan 1985 (RO) 1984 1429; FF 1981 I 349).
2 New content according to the c. II 13 of the LF 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).
1 In the reserved areas, no alteration to the field assignment will be made to the constructs. The exception is measures for the maintenance or prevention of dangers and harmful effects. In exceptional cases, additional measures may be permitted, if the owner waives any future compensation for the resulting added value.
2 Preparatory measures can be carried out in the reserved areas which are determined or planned. Art. 15 of the LEx 3 Applies by analogy.
1 Formerly art. 18 C . Introduced by ch. I of the 8 Oct PMQ. 1982, in effect since 1 Er Jan 1985 (RO) 1984 1429; FF 1981 I 349).
2 New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
3 RS 711
1 The decision defining a reserved area shall lapse upon the entry into force of the decision laying down the alignments, but at the latest after five years; this period may be extended by no more than three years. The caducity of a reserved area does not prevent the creation of a new zone covering in whole or in part the perimeter of the old one.
2 The OFT shall remove the reserved area, ex officio or at the request of the railway undertaking, a canton or a municipality, if it is established that the proposed railway installation will not be carried out.
3 The decision must be published in the municipalities concerned, with an indication of the period of appeal.
1 Introduced by ch. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
1 In order to ensure the free provision of the necessary land for existing or future railway structures and installations, the OFT may determine alignments. The federal authorities, the cantons and the municipalities, as well as the landowners concerned, must be heard. Consultation with the municipalities and landowners concerned is the responsibility of the cantons. The alignments must meet the requirements of the foreseeable final execution of this work and take into account the requirements of spatial planning and environmental protection. They can be delimited in the vertical direction.
2 The alignments are determined on the basis of previously approved plans.
3 Decisions on alignments shall be published in the municipalities concerned, with a reference to the period of appeal.
1 Formerly art. 18th. Introduced by ch. I of the 8 Oct PMQ. 1982, in effect since 1 Er Jan 1985 (RO) 1984 1429; FF 1981 I 349).
2 New content according to the c. II 13 of the LF 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).
1 Between alignments and between alignment and a railway installation, no modification of the construction, nor any other measures contrary to the purpose of alignment will be undertaken. The exception is measures for the maintenance or prevention of dangers and harmful effects. In exceptional cases, additional measures may be permitted if the owner waives any future compensation for the resulting added value.
2 Preparatory measures can be carried out within specified or planned alignments. Art. 15 of the LEx 3 Applies by analogy.
1 Formerly art. 18 F . Introduced by ch. I of the 8 Oct PMQ. 1982, in effect since 1 Er Jan 1985 (RO) 1984 1429; FF 1981 I 349).
2 New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
3 RS 711
1 The OFT shall remove the alignments which have become moot, ex officio or at the request of a railway undertaking, a canton or a municipality.
2 Decisions on the elimination of alignments shall be published in the municipalities concerned, with a reference to the period of appeal.
3 The provisions relating to illegitimate enrichment shall apply mutatis mutandis to cases where compensation has been paid. In the case of alienation, the new owner is required to be returned. Disputes are decided by the Commission of Estimation. ... 3
1 Formerly art. 18 G . Introduced by ch. I of the 8 Oct PMQ. 1982, in effect since 1 Er Jan 1985 (RO) 1984 1429; FF 1981 I 349).
2 New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
3 Phrase repealed by c. 75 of the Annex to the PMQ of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
In addition to the alignments provided for in this Law, alignments may also be determined according to the cantonal law, in agreement with the OFT, provided that they have wider legal effects.
1 Formerly art. 18 H . Introduced by ch. I of the 8 Oct PMQ. 1982, in effect since 1 Er Jan 1985 (RO) 1984 1429; FF 1981 I 349).
2 New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
1 Restrictions on property based on s. 18 N To 18 T Be entitled to full compensation if they have the same effect as an expropriation. Art. 21 is reserved. The conditions prevailing at the time when the restriction on the property deploys its effects are decisive for the calculation of the allowance.
2 The compensation shall be payable by the railway undertaking or, failing that, by the railway undertaking which is responsible for the restriction on the property.
3 The person concerned must announce his claims in writing to the railway undertaking within ten years of the date on which the restriction on the property takes effect. If the claims are fully or partially contested, the procedure under s. 57 to 75 LEx 3 Is open.
4 This procedure deals only with the claims that have been filed. Objections to the restriction of land ownership made at a later date, as well as requests for amendments to authorisations issued for ancillary facilities (Art. 18 M ) Or decisions to establish reserved areas or alignments.
5 The allowance shall bear interest from the moment when the restriction on the property takes effect.
1 Introduced by ch. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
3 RS 711
1 If the actual rights necessary for the realisation of a project can be obtained by land consolidation but the canton does not do so on its own, the authority responsible for approving the plans requests it to order it within a time limit fixed by the Under the cantonal law. If that time limit is not complied with, the ordinary procedure, which includes the expropriation, shall be applied.
2 The following measures may be taken during the consolidation procedure:
3 The venal value of the land obtained by surface reductions for the needs of the railway undertaking is credited to the land consolidation company.
4 If the cantonal law does not provide for a special procedure, the procedure for the overhauling of agricultural land, forests or building land is applicable; the scope of the zone to be included and the extent of the reshuffle can be Limited to the consolidation required to carry out the railway undertaking project.
5 The additional cost of consolidation caused by the construction project of the railway undertaking shall be borne by the railway undertaking. If land consolidation is necessary only for the purposes of this construction, the railway undertaking shall bear the entire cost.
1 Introduced by ch. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
1 An authorization is required to operate the railway and vehicle facilities. The OFT may provide for derogations.
2 The OFT grants authority to operate when the applicant company has provided the safety record and the project meets the requirements.
3 It may carry out other audits. The railway undertaking shall make available, free of charge, the necessary personnel and equipment, as well as the necessary documents; it shall also provide the necessary information.
1 Introduced by ch. I 9 of the LF of 18 June 1999 on the coordination and simplification of decision-making procedures ( RO 1999 3071 ; FF 1998 2221 ). New content according to the c. II 13 of the LF 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).
The OFT grants a series authorisation for vehicles, as well as for the elements of the vehicles and railway installations which are to be used in the same manner and in the same function, where the applicant undertaking provided the Security folder and the project meets the requirements.
1 Introduced by ch. II 13 of the LF 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).
1 The railway undertaking shall take, in accordance with the requirements of the Federal Council and the conditions relating to the approval of plans, the measures necessary to ensure the safety of the construction and operation, as well as To prevent people or things from being exposed to dangers. If construction works affect public facilities such as roads or roads, pipes and the like, the undertaking shall, as the public interest requires, take all measures to ensure the use of such works.
2 The railway undertaking bears the costs of these measures. The costs of measures necessitated by work undertaken by third parties or who have had to be taken in respect of their needs shall be borne by those third parties.
The obligation of the railway to remedy the damage caused to third parties by encroachments on their rights is governed by the federal legislation on expropriation where such encroachments are not to be tolerated in accordance with the rules of law Or other legal provisions, and that they are an inevitable or difficult consequence of the construction or operation of the railway.
1 If the work, facilities, trees or undertakings of a third party damage the safety of the railway, those third parties have an obligation to remedy the situation when the railway undertaking so requests. 1 If the parties concerned cannot agree on the measures to be taken, they shall be determined by the OFT on the proposal of the railway and after consultation with the parties concerned. In the meantime, third parties will have to refrain from any interference with the safety of the railway. In the event of extreme urgency, the railway undertaking may take the necessary measures itself in order to eliminate the danger 2 .
2 If third-party facilities or undertakings already existed prior to the coming into force of this Act or prior to the establishment of the railway facilities, the right to compensation of third parties shall be governed by the federal legislation on Expropriation. If any facilities or undertakings of a third party were established after the coming into force of this Act or the establishment of the railway, the costs of the measures to be taken under para. 1 will be the responsibility of this third party, and the third party will not be entitled to compensation. The cost of measures taken under para. 1 to remedy the damage caused by the trees is the responsibility of the railway undertaking, unless it proves that the responsible third party did not behave in a false manner 3 .
1 New wording of the sentence according to Art. 55 ch. 2 of the 4 Oct PMQ. 1991 on forests, in force since 1 Er Jan 1993 (RO) 1992 2521; FF 1988 III 157).
2 Phrase introduced by art. 55 ch. 2 of the 4 Oct PMQ. 1991 on forests, in force since 1 Er Jan 1993 (RO) 1992 2521; FF 1988 III 157).
3 Phrase introduced by art. 55 ch. 2 of the 4 Oct PMQ. 1991 on forests, in force since 1 Er Jan 1993 (RO) 1992 2521; FF 1988 III 157).
Railway undertakings may establish and operate the electrical and radio apparatus and apparatus necessary for their services. The DETEC designates these facilities and devices and in order to be used. Telecommunication facilities shall be submitted in all cases to the approval procedure for plans referred to in s. 18 to 18 I . 1
1 New wording of the sentence as per c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
1 Infrastructure managers may lay down requirements for the use of their facilities to the extent that such requirements are necessary for the safe and efficient operation of the operation.
2 They may make decisions on the implementation of the requirements for use.
3 They shall publish the requirements for use.
1 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
Normal-track railway shall, in accordance with the provisions of this section , To comply with the technical and operating conditions ensuring safe and continuous traffic in the European rail system (interoperability).
1 The provisions of this section shall apply to the construction and operation of the normal track lines and the vehicles in circulation.
2 The Federal Council may decide that the provisions of this section do not apply or apply only in part to certain lines and vehicles that circulate therein.
1 A railway undertaking may operate subsystems for use under the interoperability regime only if the OFT has granted it permission to operate.
2 The OFT grants the authorization to operate when the company has provided the security clearance and the subsystem, including its interfaces, meets the essential requirements, technical implementing provisions and other requirements Determining.
3 It may carry out other audits. To do so, the company provides the necessary staff, equipment and documents free of charge and provides the required information.
4 The Federal Council defines the documents necessary to certify the security.
1 See also disp. And trans. Of the mod. On March 16, 2012 at the end of the text.
1 "Equipment" means any modification of a subsystem that improves its performance. "Renewal" means any exchange of elements of a subsystem whose performance remains unchanged.
2 The company cannot put into service a subsystem that has been the subject of equipment only if the OFT has granted it a new authorisation to operate.
3 The OFT shall decide on a case if a new licence to operate is required for the commissioning of a subsystem that has been renewed.
1 Anyone who puts on the market an element of construction intended to be integrated into a subsystem (interoperability constituent) must be able to prove that the essential requirements are met.
2 The Federal Council determines which documents are to be provided.
1 The Federal Council sets out the essential requirements and technical implementing provisions applicable to sub-systems and components of interoperability; in doing so, it takes account of international law.
2 In agreement with the State Secretariat for the Economy, the OFT refers to the technical standards that make it possible to achieve the essential requirements and the technical implementing provisions. Wherever possible, these standards are harmonized at the international level.
3 The OFT shall decide which provisions shall be applicable in addition to the technical implementing provisions and shall determine the derogations from their application, taking into account international law.
4 The Federal Council may enter into agreements with foreign states or international institutions concerning cooperation in the development and application of international standards and requirements.
1 When the interoperability subsystems or components are constructed or manufactured in accordance with technical requirements and technical standards, they are expected to meet the essential requirements.
2 Anyone wishing to operate sub-systems or to market interoperability constituents that do not comply with technical requirements or technical standards must be able to prove that the requirements Are fulfilled in a different manner.
The interoperability subsystems and components can be placed on the market when they meet the essential requirements.
1 The OFT carries out risk-based monitoring to ensure that the interoperability sub-systems and components placed on the market meet the essential requirements.
2 The control bodies of the OFT may:
3 The OFT may require the Federal Customs Administration to provide information on the importation of specified interoperability constituents for a specified period of time.
4 For the surplus, the responsibilities of the OFT are governed by s. 10, para. 2-6 of the Federal Act of 12 June 2009 on product safety 1 .
1 Evidence that a subsystem or an interoperability constituent meets the essential requirements and technical implementing provisions shall be provided by means of a certificate of conformity issued by an assessment service of the Compliance.
2 Conformity assessment services must:
3 Certificates of conformity established by foreign conformity assessment services shall be recognised when an agreement under international law so provides.
The Federal Council may establish an OFT independent conformity assessment service. It must be accredited in Switzerland.
The OFT has the power to identify, process and publish the relevant data for interoperability with railway undertakings.
1 The establishment, movement and modification of crossings between roads or public or private roads and railway tracks shall be subject to the approval of the OFT. Art. 18 to 18 I And 18 M Are applicable. 2
2 Crosses with public roads assigned to the common use shall be approved if, during and after their establishment, the necessary safety measures and facilities shall ensure the continuity of operation without hindrance And that the crossings do not interfere with the proposed development of the railway's facilities.
3 New crossings with public roads must in principle be established in the form of underpasses or overpasses. On the proposal of the authorities concerned, the OFT shall, in the procedure for the approval of plans, consult experts in road construction and road traffic.
1 New content according to the c. II 13 of the LF 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).
2 New wording of the sentence as per c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
1 Where a crossing has to be established between a new railway line for public traffic and a public road or between a new public road and the railway, the owner of the new communication channel shall bear the Costs of the entire installation instead of the crossing.
2 The use of the road or rail domain at the crossing point shall be assigned free of charge.
1 New content according to the c. II 13 of the LF 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).
1 Where a crossing is to be replaced by a subway or higher or removed as a result of the relocation of the road, the cost of all modifications to the rail and road facilities shall be borne by:
2 In all other cases of changes to a crossing, including the adaptation and development of the safety facilities, the railway undertaking and the owner of the road shall be apportioned the costs of the crossing as a whole Modifications to railway or road installations to the extent that they are due to the development of traffic using either of the means of communication.
3 Art. 25, para. 2, is applicable.
1 New content according to the c. II 13 of the LF 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).
2 New content according to the c. II 13 of the LF 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).
1 In all cases, each party will be required to participate in the fee to the extent that it benefits from the modification of the facility.
2 If one of the parties has special requirements in the interest of the sustainable improvement of its own facilities or subsequent development, it shall bear only the costs arising therefrom at the crossing point.
Art. 25 applies by analogy to railway crossings with new private roads. The railway undertaking may request the advance of costs or security rights as well as a fair compensation for the use of the railway domain.
1 New content according to the c. II 13 of the LF 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).
Art. 25 to 28 shall apply mutatis mutandis to the costs of maintenance or renewal, as well as any temporary or permanent measures taken at the crossings to prevent accidents, as well as to the costs incurred by the service of the Facilities established for this purpose.
Art. 24 to 27, as well as art. 29, apply by analogy to the crossings of railway lines between them.
1 Art. 24 shall apply mutatis mutandis to the crossings of the railways with public or private waters, transmission or transmission facilities, pipes and pipelines and other similar installations.
2 The cost of construction, maintenance and renewal of a new crossing or alteration of an existing crossing, as well as the cost of temporary or permanent measures to avoid damage At the location of the crossing, are at the expense of the person undertaking the work. The railway undertaking may claim a fair compensation for the use of the railway property necessary for the establishment of private facilities. Art. 25, para. 2, and 26, para. 3, apply by analogy to crossings with public facilities.
3 The provisions of the federal legislation concerning the meeting of electrical installations are reserved.
Art. 25 to 31 do not apply to the extent that the parties have entered into or enter into agreements that vary the allocation of costs differently.
1 Infrastructure managers are involved in the costs of providing the intervention services to the extent that they provide benefits for the intervention on railway facilities.
2 They conclude agreements on benefits and the assumption of costs with the cantons concerned.
3 The DETEC sets out in particular the benefits which may be included in the preparation of the missions of the intervention services and the method of calculating the cost of making available.
1 Where the infrastructures of several railway undertakings have the same gauge and technical standards and meet, the undertakings designate who constructs and operates the rail node.
2 The limit of ownership and exploitation between the infrastructure of the two companies is generally outside the rail node itself. The companies concerned place it in such a way that it is possible to clearly delineate the responsibilities.
3 The construction and operation of the railway node shall not disadvantage traffic originating in or destined for the adjacent infrastructure in relation to traffic originating in or destined for the clean infrastructure.
4 Companies prepare a reciprocal benefits agreement for the operation of the rail and adjacent segments.
1 New content according to the c. II 13 of the LF 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).
1 Every railway undertaking shall, from a technical and operational point of view, be required to connect its infrastructure with another railway in such a way that:
2 Companies regulate in a written agreement the common use of buildings, facilities and equipment, as well as reciprocal benefits which do not fall within the scope of access to the network.
1 New content according to the c. II 13 of the LF 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).
Art. 34, para. 1, let. A, and 2, applies by analogy to the connection between the railways and other public transport undertakings.
1 New content according to the c. II 13 of the LF 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).
1 When an enterprise supports higher-order infrastructure operations or development tasks, it fixes the tasks, the consultation, and the distribution of costs through a written contract that links all the companies that manage Rail infrastructure. If the companies fail to reach an agreement, the OFT decides.
2 If, during development work, including the definition of standards, it is necessary to consult railway undertakings, all the undertakings concerned must be consulted without discrimination.
1 New content according to the c. II 13 of the LF 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).
1 Repealed by c. I of the PMQ of 20 March 1998, with effect from 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
1 The undertaking which finds or causes an interruption of operations shall immediately notify the other undertakings concerned and agree with them on the measures to be taken. Except in cases of force majeure, regular passenger transport shall be maintained by diverting traffic or using other means of transport.
2 Railways which exclusively or principally provide local passenger service or which, according to their concession, do not have the obligation to operate throughout the year are not obliged to organise a service of Replacement. The same applies to suspensions of operations necessitated by the mandatory revision of the facility.
1 New content according to the c. I of the PMQ of 20 March 1998, in force since 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
2 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
1 The railway undertaking which manages the infrastructure is authorized to set up commercial ancillary undertakings within the perimeter of the stations, provided that these undertakings meet the needs of the railway customers.
2 The railway undertaking which provides traffic shall be authorised to set up commercial ancillary undertakings in the trains.
3 Services defined as ancillary undertakings by railway undertakings shall not be subject to the cantonal and communal provisions on hours of operation and closure. On the other hand, they are subject to the police provisions on commercial, health and economic matters, as well as to the regulations on the working reports declared compulsory by the competent authorities.
4 Disputes between the tenants of surfaces assigned to ancillary undertakings and the railway undertaking fall within the jurisdiction of the civil jurisdiction. 2
1 New content according to the c. II 13 of the LF 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).
2 Introduced by ch. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 After hearing the parties concerned, the OFT resols disputes concerning the following matters: 3
2 It shall also rule on disputes relating to the application of the provisions of this Chapter concerning costs and their distribution and allowances (Art. 19, para. 2, 21, para. 2, and 25 to 35). 7
1 New content according to the c. I of the PMQ of 20 March 1998, in force since 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
2 Repealed by c. I 4 of the LF of 16 March 2012 on the second part of the reform of the railways 2, with effect from 1 Er Jul. 2013 ( RO 2012 5619 , 2013 1603; FF 2011 857 ).
3 New content according to the c. II 13 of the LF 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).
4 New content according to the c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
5 New content according to the c. I 4 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 ).
6 New content according to the c. II 13 of the LF 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).
7 New content according to the c. II 13 of the LF 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).
1 The Federal Council establishes a Commission for Arbitration in the Field of Railways (CACF), consisting of five to seven members; it appoints the Chairman and the Vice-Chair. Members shall be independent experts. They cannot be employed in a railway undertaking or belong to one of its organs.
2 In its decisions, the FCAC is not subject to any direction from the Federal Council or the DETEC. It is independent of the administrative authorities. It has its own secretariat.
3 It lays down a regulation on its organisation and its management, subject to the approval of the Federal Council.
1 Introduced by ch. I of the PMQ of 20 March 1998 ( RO 1998 2835 ; FF 1997 I 853). New content according to the c. 75 of the Annex to the PMQ of 17 June 2005 on the TAF (RO 2006 2197; FF 2001 4000 ). New content according to the c. I 4 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).
1 The FCAC adjudicates disputes over network access, network access agreements and the calculation of the infrastructure usage fee.
2 It may initiate ex officio investigations when it suspects that access to the network is prevented or that it is granted in a discriminatory manner.
3 It shall decide by decision on the measures to be taken.
4 Infrastructure managers and businesses with access to the network, as well as third parties involved in network access, are required to provide the FCAC with all the information necessary for its audits and to submit the documents Required. The right to refuse to provide information is governed by s. 16 of the Federal Act of 20 December 1968 on administrative procedure 2 .
1 Introduced by ch. I 4 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 172.021
1 The holder of a railway undertaking shall respond to the damage if the characteristic risks associated with the operation of the railway have the effect that a human being is killed or injured or that damage is caused to one thing.
2 It responds to damages caused by:
3 To the extent that the liability referred to in para. 2 is not regulated in the law of 20 March 2009 on passenger transport or in the law of 19 December 2008 on the carriage of goods, only the provisions of the code of obligations 4 In the field of contract law are applicable. 5
1 New content according to the c. II 13 of the LF 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).
2 RS 745.1
3 RS 742.41
4 RS 220
5 New content according to the c. II 13 of the LF 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).
1 The holder is relieved of his civil liability if a fact which is not attributable to him has contributed to causing the damage in such an intense way that he must be regarded as the main cause.
2 In particular, it does so:
1 The holder of a railway undertaking which uses the infrastructure of another railway undertaking shall respond to damage caused to the injured.
2 It may make use of the holder of the undertaking which exploits the infrastructure where the infrastructure is co-responsible for the occurrence of the damage.
3 Where the business that caused the injury cannot be determined, the owner of the enterprise that operates the infrastructure is responsible.
1 Any agreement that excludes or restricts civil liability arising out of this Act is void.
2 Any agreement setting out manifestly inadequate compensation may be attacked within one year of its conclusion.
Except as otherwise provided in this Law and unless otherwise agreed between the parties concerned, the special benefits of railway undertakings in favour of the Confederation, the cantons, the municipalities and the other corporations Public law, as well as their institutions and services, are entitled to compensation based on generally accepted principles of trade.
1 At the request of the Federal Council, the installations of the railway, the vehicles and the fleet of rolling stock as a whole must be constructed, completed and kept ready for service, in accordance with the needs of the national defence Military and economic of the country. Art. 18 is applicable.
2 The Confederation shall bear the costs of the measures required. 2
1 New content according to the c. II 13 of the LF 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).
2 New content according to the c. II 13 of the LF 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).
1 Railway undertakings shall be required, within the limits of their capacity, to carry out transport ordered by the competent military bodies for the military and the military administration. The exceptions and restrictions decided by the Federal Council are reserved.
3 If extraordinary security measures are to be taken for the execution of military transport, the costs will be borne by the Confederation.
1 Repealed by Art. 53 ch. 4 of the 4 Oct PMQ. 1985 on public transport, with effect from 1 Er Jan 1987 (RO) 1986 1974; FF 1983 II 187).
1 The Confederation replies to railway undertakings of the damage caused to them by military transport when no fault is attributable to the undertaking or its staff.
2 The Confederation shall reply to railway undertakings, in accordance with the rules of civil law, for any damage caused to them by the construction, existence or use of military works and installations in the field of the railway Iron or near.
1 Repealed by c. I of the PMQ of 20 March 1998, with effect from 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
1 Repealed by c. 15 of the Annex to the PMQ of 18 March 2005 on customs, with effect from 1 Er May 2007 ( RO 2007 1411 ; FF 2004 517 ).
Federal legislation on human and animal health, pest control and trade in goods sets out the benefits that railway undertakings have to provide for their application. For these benefits, businesses are entitled to a fair compensation.
1 The OFT shall rule on disputes arising out of the application of this Chapter.
2 The decisions of the OFT may be appealed in accordance with the general provisions of the federal procedure.
1 New content according to the c. 75 of the Annex to the PMQ of 17 June 2005 on the TAF, in force since 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
The development of the railway infrastructure has the following objectives:
1 The infrastructure is being progressively developed as part of a strategic development program.
2 The strategic development programme shall be updated at regular intervals by the Confederation in consultation with the cantons of the different planning regions and the railway undertakings concerned.
3 Every four years, the Federal Council submits a report to the Federal Assembly on the state of development, the necessary changes to the strategic development programme and the next planning stage.
1 The various stages of development are the subject of federal orders. These are subject to the referendum.
2 The measures provided for in the development stages are based on a demonstrated need and on an offer based on micro-economic and macroeconomic principles.
3 In its messages on the development stages, the Federal Council, in particular, presents the subsequent costs for the entire railway system.
4 At each development stage, the quality of the benefits offered on the broad network must be maintained and the necessary appropriations must be provided for.
1 As the process leader, the OFT coordinates and directs the planning of the development phases. It takes into account the regional planning of the cantons and associates the railway undertakings concerned.
2 The cantons are responsible for planning the regional supply. They define appropriate planning regions. The railway undertakings concerned are properly associated.
1 The railway undertakings and the third parties responsible for implementing the railway infrastructure development measures (master works companies) develop the corresponding projects, coordinate them with the needs of the maintenance and carry them out.
2 They take into account, on an ongoing basis, on the basis of microeconomic and macroeconomic optimization, the progress of rail technology, organisational improvement and the evolution of passenger transport and traffic Goods.
1 The Confederation passes conventions on the implementation of the management measures with the railway undertakings or the master companies. These agreements specify the measures relating to the different lines and nodes, the benefits, the costs and the deadlines, the granting of the financial resources and the organisation.
2 Implementation agreements include maintenance work that is subject to development.
3 The DETEC passes the conventions. The OFT may agree on minor modifications, particularly where they are technical or organisational in nature.
1 Subject to Art. 9 B , the Confederation is responsible for the main share of infrastructure funding.
2 The cantons are involved in financing the infrastructure.
3 Federal benefits paid under this Act are excluded, subject to s. 59, sections:
1 New content according to the c. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
1 The Confederation compensates companies that meet the following conditions:
2 The Confederation can grant relief to foreign companies that operate few lines in Switzerland.
1 New content according to the c. II 13 of the LF 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).
1 The Confederation, represented by the OFT, and the railway undertakings passed four-year agreements on benefits. They set out in advance the provision of infrastructure benefits, compensation and planned loans on the basis of the Confederation's transport policy priorities and the company's forecast accounts.
2 Benefit agreements include development work that is subject to maintenance.
3 The primary purpose of the allowance and loans is to maintain the infrastructure in good condition and to adapt it to the needs of the traffic as well as to the state of the art. These include the following:
1 New content according to the c. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
1 The DETEC shall act in the event of discrepancies between the OFT and the railway undertakings in the conclusion or execution of a benefit agreement.
2 The decisions of the DETEC may be appealed in accordance with the general provisions of the federal procedure. Can be invoked:
3 Appeals against the decisions of the DETEC have no suspensive effect.
1 Introduced by ch. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
1 The planned non-hedged costs of the operation and maintenance of the railway infrastructure, including depreciation and non-actionable investment costs, result in the payment of compensation.
2 Investments in excess of depreciation and cash reserves are subject to interest-free, conditionally repayable loans. If amortisation exceeds investment, it is necessary to reimburse the conditionally repayable loans granted to the railway infrastructure fund provided for by the Railway Infrastructure Fund Act of 21 June 2013 2 Or offset them with other benefits of the fund.
3 Conditionally repayable loans of the Confederation may be converted into own capital subject to the decisions required by the law of public limited-liability companies. The Confederation may renounce the repayment of loans to participate in the necessary balance sheets or if the canton also waives the repayment.
1 Introduced by ch. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
2 RS 742.140
1 Railway undertakings are affiliated with trade associations and sectoral organisations which allow them to gain more influence in the market.
2 The Confederation can force railway undertakings to jointly launch large-scale tenders.
3 After having heard the cantons concerned, the Confederation may reduce the compensation requested in the order procedure by the railway undertaking whose management is not rational.
1 New content according to the c. I 3 of the PMQ of 19 June 2015 on the programme of consolidation and review of the tasks 2014, in force since 1 Er Jan 2016 ( RO 2015 4747 ; FF 2013 757 , 2014 8171).
1 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
1 Repealed by c. I 4 of the LF of 16 March 2012 on the second part of the reform of the railways 2, with effect from 1 Er Jul. 2013 ( RO 2012 5619 , 2013 1603; FF 2011 857 ).
Repealed
1 Repealed by c. II 3 of the LF of 21 June 2013 on the financing and development of the railway infrastructure, with effect from 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
1 The cantons make a joint contribution of 500 million francs a year to the railway infrastructure fund for the financing of infrastructure costs.
2 The participation of each canton is determined in proportion to the regional traffic services ordered by the railway undertakings (passenger-kilometres and trains-kilometres), according to the intercantonal distribution key.
3 The Federal Council regulates the terms by way of an ordinance, after having heard the cantons.
1 New content according to the c. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
1 The Federal Assembly shall decide by federal order on the commitment appropriations necessary for the implementation of the development stages referred to in Art. 48 C .
2 If the implementation of certain measures is subject to delays, the unexpended commitment appropriations intended for their implementation may be allocated to the implementation of other measures, the planning of which is provided for by a federal order.
3 The Federal Council shall determine the measures referred to in para. 2.
1 New content according to the c. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
1 The Confederation makes available to the railway infrastructure funds the means allocated to finance the measures in the form of loans without interest, conditionally repayable, and contributions to lost funds.
2 The implementing conventions referred to in s. 48 F Settle the terms.
1 Introduced by ch. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
1 Third parties, in particular the cantons, may finance additional or alternative measures where it is possible to integrate these measures into the strategic development programme.
2 Third parties support:
3 The participation of third parties shall not entail any additional costs to the Confederation, either during the construction phase or during the operational phase.
4 The Confederation enters into agreements with third parties and railway undertakings. These agreements specify the benefits, the costs and the deadlines, the granting of the financial means and the organisation.
1 Introduced by ch. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
Railway undertakings may, with the cantons concerned and with third parties, pass agreements on the prior financing of measures whose implementation or planning has been decided by the Federal Assembly. These agreements are subject to the approval of the OFT.
1 Introduced by ch. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
The DETEC sets out the implementing provisions for the control of benefits, costs, finances and deadlines for approved measures.
1 Introduced by ch. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
The Federal Council reports annually to the Federal Assembly on the financing of railway infrastructure development, including:
1 Introduced by ch. II 3 of the LF of 21 June 2013 on the financing and development of railway infrastructure, in force since 1 Er Jan 2016 ( RO 2015 651 ; FF 2012 1371 ).
In the event of serious damage caused by natural forces, the Confederation may grant financial assistance to railway undertakings for the rehabilitation or replacement of damaged or demolished installations, as well as for the work of Spoilage.
1 New content according to the c. II 13 of the LF 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).
1 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
1 Formerly art. 60 A. Introduced by ch. 16 of the annex to the PMQ of 5 Oct. 1990 on subsidies (RO 1991 857; FF 1987 I 369). Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 (RO) 2009 5597; FF 2005 2269 , 2007 2517).
1 The infrastructure includes all buildings, facilities and equipment that must be used in common as part of network access, including:
2 Infrastructure may also include construction, equipment and facilities related to the operation of the infrastructure, but which are not subject to network access. These include:
3 The provision of freight and passenger services is not part of the infrastructure sector.
The operation and maintenance of the buildings, installations and equipment mentioned in Art. 62 are also part of the infrastructure sector.
1 The railway undertaking must separate the infrastructure from the organization from the rest of the business and make it independent. The OFT can liberate narrow-track railways and small businesses from this obligation.
2 The infrastructure mentioned in art. 62, para. 2, as well as the related service provision, can be separated from the infrastructure at the organisational level. Their costs must be charged in full to the beneficiaries of the benefits.
The infrastructure mentioned in art. 62, para. 1 and 2, are exempt from municipal and cantonal real estate tax.
1 Subject to the provisions of this Law, the accounting of railway undertakings shall be governed by Section 7 of the Passenger Transport Act of 20 March 2009 2 .
2 The railway undertaking separates the infrastructure sector from other activities in the balance sheet and in the capital assets accounts.
3 It establishes an account for the infrastructure sector in the result accounts.
1 New content according to the c. II 13 of the LF 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).
2 RS 745.1
The distribution of profits and the remuneration of capital specific to the performance account of the infrastructure sector are not permitted. The benefit must always be allocated to the special pool for the discovery of the infrastructure sector.
1 New content according to the c. II 13 of the LF 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).
1 Repealed by c. I of the PMQ of 24 March 1995, with effect from 1 Er Jan 1996 (RO) 1995 3680; FF 1994 I 485).
1 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
1 Repealed by c. I of the PMQ of 24 March 1995, with effect from 1 Er Jan 1996 (RO) 1995 3680; FF 1994 I 485).
1 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
1 If it considers that the national interest so requires, the Confederation may acquire the infrastructure of the railway undertaking holding a concession at its book value. The loans granted to the business by the Confederation are deducted from the purchase price.
2 The right to purchase according to para. 1 also belongs to the cantons and municipalities to which it is reserved under the concession. If a railway infrastructure has been acquired by townships or municipalities, the Confederation may require that it be assigned to it under the terms of this Act.
1 New content according to the c. II 13 of the LF 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).
1 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
The OFT shall rule on disputes relating to the determination of the purchase price.
1 New content according to the c. 15 of the Annex to the O of 3 February 1993 on the authorities whose decisions may be referred to the TF or the Federal Insurance Tribunal, in force since 1 Er Jan 1994 (RO) 1993 901).
The Federal Council may prescribe that:
1 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
Any person who is not in a position to provide the necessary physical and mental effort because he or she is under the influence of alcohol, narcotic drugs or drugs or for any other reason is unfit for service and is unable to exercise any Activity involving safety in the railway sector.
1 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 Persons who exercise a decisive function for safety in the railway field 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. 2
3 A blood test should be ordered in the following cases:
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. 4
1 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
2 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
3 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
4 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 If a person who exercises a decisive safety activity in the railway field is in a state which excludes the exercise of that activity in safety, the activity shall be prohibited for as long as necessary; in The permit must be forfeited to the licensee.
2 The confiscated permit must be given immediately to the authority which has established it; the authority shall act without delay on the withdrawal. Until its decision, the forfeiture of the permit has been withdrawn.
1 The OFT shall inform the competent foreign authority of the following measures:
2 The licences withdrawn shall be submitted without delay to the competent foreign authority.
1 Introduced by ch. I 4 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 ).
Jurisdiction to order and enforce the measures referred to in s. 82 and 83:
1 The Federal Council:
2 It defines the decisive activities for safety in the railway sector.
1 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
2 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
3 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
4 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 A fine is imposed on anyone who intentionally enters or circulates in a railway operating area without authorization or disturbs them in any way.
2 A person who, intentionally or negligently, is guilty of a duty of care shall be punished by a fine (art. 17, para. 4) or its obligation to advertise (art. 14 A , para. 1) or to collaborate (art. 14 A , para. 2).
3 The Federal Council may declare that infringements of the implementing provisions or the requirements for use are punishable.
1 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 A person shall be punished with a custodial sentence of up to three years or of a pecuniary penalty, wilfully: 2
2 If the author acts by negligence, he shall be punished with a pecuniary penalty of up to 180 days. 6
1 Introduced by ch. II 13 of the LF 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).
2 New content according to the c. I 4 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 ).
3 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
4 Repealed by c. 2 of the Annex to the PMQ of 26. 2014, with effect from 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
5 Introduced by the Annex to the PMQ of 1 Er Oct. 2010 ( RO 2011 1119 ; FF 2009 4405 ). Repealed by c. 2 of the Annex to the PMQ of 26. 2014, with effect from 1 Er Jan 2016 (RO) 2015 3205; FF 2013 6441).
6 Introduced by ch. I 4 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 ).
1 Anyone who has been acting in a state of interest for safety in the railway sector 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 Any person who is unfit for service within the meaning of s. 81, 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 railway sector is punishable by a custodial sentence of up to three years 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 New content according to the c. II 13 of the LF 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).
2 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 Every person who exercises a decisive activity for safety in the railway field and opposes or is exempt from taking of blood, an alcoholic or any other preliminary examination governed by the Federal Council, the measures being ordered or before To be in all likelihood, or to oppose or subtract from an additional medical examination, or obstruct 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. II 13 of the LF 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).
2 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 Anyone who intentionally carries out a decisive activity for safety in the railway field, although the documents entitling him to do so may have been refused or withdrawn or that such documents have been cancelled, shall be punishable by deprivation of liberty. Freedom of up to three years or a financial penalty
2 If the author acts by negligence, he shall be punished with a pecuniary penalty of up to 180 days.
3 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. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
Acts punishable under the Criminal Code 2 Are prosecuted ex officio when they are committed against employees of railway undertakings within the meaning of Art. 5 in the performance of their duties.
1 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
2 RS 311.0
1 The prosecution of infringements of the provisions of this Chapter is the responsibility of the cantons.
1 Introduced by ch. II 13 of the LF 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).
2 Repealed by c. 2 of the Annex to the PMQ of 26. 2014, with effect from 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 The OFT may withdraw authorisations, permits or certificates provisionally or permanently, or restrict its validity:
2 It withdraws the authorisations, permits or certificates where the legal conditions of their grant are no longer fulfilled.
3 Employees, subcontractors or members of the organs of a railway undertaking concessionaire within the meaning of Art. 5 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 2 Who, in the course of their duties, have repeatedly given substantiated complaints must be relieved of these duties when the OFT requires them.
4 The measures referred to in paras. 1 to 3 may be pronounced independently of the commencement and outcome of criminal proceedings.
1 New content according to the c. II 13 of the LF 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).
2 RS 745.1
The criminal and police authorities shall report to the competent authorities all offences which may result in a measure referred to in Art. 89.
1 Introduced by ch. II 13 of the LF 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).
2 New content according to the c. 2 of the Annex to the PMQ of 26. 2014, in force since 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).
1 Whoever, intentionally, contravening a consensual regulation, a decision of the CACF or a decision of an appeal body is liable to a fine of not more than 100 000 francs.
2 Whoever, intentionally, contravens a decision of the CACF regarding the obligation to provide information (s. 40 A Bis , para. 4) shall be liable to a fine of not more than 20 000 francs.
3 The FCAC shall prosecute and consider contraventions of this section. Federal Law of 22 March 1974 on Administrative Criminal Law 2 Is applicable.
1 Introduced by ch. I 4 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 313.0
1 Repealed by c. I of the PMQ of 20 March 1998, with effect from 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
1 The provisions of the concessions, which are contrary to this Law, shall be repealed; the same shall apply to those relating to the traction system, the number of tracks and the number of trains to be put into service per day, the speed of trains, the Carriage of carry-on baggage and the reduction or increase of taxes according to net income.
2 The provisions of the concessions, which relate to the redemption, shall remain in force until the expiry of the term of those concessions.
3 Unless otherwise specified in the grant granted before 1999, the latter shall be valid until its expiry date, both in relation to the construction and operation of the infrastructure and for the regular transport of passengers to the Meaning of s. 6 of the Law of 20 March 2009 on passenger transport 2 . 3
4 Infrastructure concessions granted prior to the coming into force of this provision shall be deemed to be of public interest within the meaning of s. 6, para. 1, let. A, of this Act when they receive compensation under the infrastructure. 4
1 New content according to the c. II 13 of the LF 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).
2 RS 745.1
3 Introduced by ch. II 13 of the LF 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).
4 Introduced by ch. II 13 of the LF 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).
1 Repealed by c. I of the PMQ of 20 March 1998, with effect from 1 Er Jan 1999 ( RO 1998 2835 ; FF 1997 I 853).
1 When the grant is cancelled under s. 8 of this Law, the forced liquidation of the railway undertaking takes place according to the provisions of the Federal Act of 11 April 1889 on the pursuit of debt and bankruptcy 1 On the other hand, the goods constituted as a pledge in accordance with Art. 9 of the Federal Act of 25 September 1917 concerning the establishment of guarantees on railway undertakings and navigation undertakings and the forced liquidation of such undertakings 2 Are carried out and distributed according to the provisions of this Act. In addition, art. 15 of the Act is applicable. 3
2 The same applies to the concordat. Applicable to s. 52, c. 1 and 3 to 7, of the Federal Act of 25 September 1917 concerning the establishment of guarantees on railway undertakings and navigation undertakings and the forced liquidation of these undertakings.
1 RS 281.1
2 RS 742.211
3 New content according to the c. II 13 of the LF 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).
1 Repealed by c. II 13 of the LF of 20 March 2009 on railway reform 2, with effect from 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
If it is appropriate to unify the law applicable to different transport undertakings, the Federal Council shall be authorised to extend the application of the provisions of this Act or other laws relating to the railways to services of Transportation operated in addition to or in lieu of the railway, by the railway or by other undertakings.
1 New content according to the c. II 13 of the LF 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).
1 All provisions which are contrary to this Law shall be repealed, in particular:
2 The following legislative acts shall be repealed, subject to the rights and claims arising therefrom for the Confederation, the cantons, the municipalities and the private individuals:
1 [RS 7 3; RO 1949 I 569 art. 55 let.
2 [RS 8 597]
3 [RS 7 219]
4 [RS 7 222]
5 [RS 7 118; RO 1949 500 art. 55 let. C 1997 2465 appendix c. 17. RO 1998 2835 hp. II al. 1]
6 [RS 7 987]
7 [RS 3 521]
8 [RS 7 27; RO 1958 341 Art. 96 al. 1 ch. 8 et al. 3, 1986 1974 s. 53 ch. 5, 2010 1881 Annex 1 c. II 23. RO 2011 3961 art. 11 para. 1]
9 RS 744.21
10 [RS 7 31]
11 [RS 7 236; 1958 341 Art. 96 al. 1 ch. 11. RO 2003 210 hp. I 13]
12 [RS 7 393]
13 [RS 7 243]
14 [RS 7 248; RO 1950 I 367 Art. 1 and 2]
15 [RO 1950 I 367]
16 [RS 7 242]
17 [RS 7 246]
18 [RS 7 247]
19 The mod. Can be consulted at the RO 1958 341.
The Federal Council shall fix the date of entry into force of this Law and shall adopt the implementing rules. The cantons shall lay down the implementing provisions required for the tasks assigned to them by the law. 1
1 Phrase introduced by ch. I of the PMQ of 24 March 1995, in force since 1 Er Jan 1996 (RO) 1995 3680; FF 1994 I 485).
The Federal Council fixes the date until which a business can prove that a subsystem within the meaning of s. 23 C Meets the essential requirements in a manner other than by certificates of conformity issued by conformity assessment services.
1 Introduced by c. I 9 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ). Repealed by c. 2 of the Annex to the PMQ of 26. 2014, with effect from 1 Er Jan 2016 (RO) 2015 3205; FF 2013 6441).
