Rs 742.144.1 Order From 4 December 2015 On The Reduction Of Noise Emitted By The Railways (Obcf)

Original Language Title: RS 742.144.1 Ordonnance du 4 décembre 2015 sur la réduction du bruit émis par les chemins de fer (OBCF)

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742.144.1 order on the reduction of noise emitted by the railways (OBCF) from December 4, 2015 (Status January 1, 2016) the Swiss federal Council, view the art. 4, al. 2 to 5, 7, al. 4, 7A, al. 2, and 11 of the Federal law of March 24, 2000 on the reduction of noise emitted by the railways (LBCF), view the art. 12, 16, al. 2, and 39, al. 1 and 1, of the law of 7 October 1983 on the protection of the environment (LPE), stop: art. 1 purpose this rule order: a. limits emissions of the cars (art. 4, para. 2 and 3, LBCF); b. additional measures applicable to the way, the railway facilities fixed whose approval is entered into force before January 1, 1985, and on the path of sound propagation (art. 7A LBCF); c. the encouragement of investment and research (art. 10A LBCF).

Art. 2 relation to the Ordinance on protection against noise except otherwise provided in this order, the order of 15 December 1986 on protection against noise (OPB) is applicable.
Exploitation or the fixed railway infrastructure changes that do not result in excess of eligible immissions set in accordance with art. 37, art. 1, OPB shall not be deemed notable in the sense of art. 8, al. 2 and 3, OPB.

SR 814.41 art. 3 land register of emissions the federal Office of transport (fot) is a register of emissions in order to verify that eligible immissions set in accordance with art. 37, art. 1, OPB are not exceeded.
For each section of the rail network, the land registry of emissions indicates: a. the level of emissions (Lr, e) assessment used to determine eligible immissions; (b) emissions of actual exploitation.

The infrastructure managers periodically identify emissions effective exploitation and communicate the data to the OFT.
The cadastre of emissions is public.

SR 814.41 art. 4 come into force on Jan. 1. 2020 art. 5 return on the additional measures the profitability of additional measures arises from the relationship between the costs of the measures and their usefulness to the population affected by the immissions limit values are exceeded.
The calculation of costs, the determination of the usefulness and profitability assessment are regulated in annex 1.

Art. 6 urgent additional measures the urgency of further action arises especially of the importance of the exceeding of the limit values of immission and the number of people involved in this overflow.
The OFT sets the emergency, by section, of the implementation of the additional measures after hearing the federal Office for the environment (FOEN). To do this, it takes account of the evolution of emissions until 2025.

Art. 7 surveillance of the roughness of the rail infrastructure managers monitor the roughness of the rails of their facilities. The OFT can compensate for the benefits of monitoring using flat-rate contributions.
If values of immission limits are exceeded in areas with high population density, the infrastructure manager shall ensure the average roughness of the rails, which is calculated in accordance with Schedule 2, from January 1, 2020.
The OFT can set high demands on the roughness of the rails.

Art. 8 contributions to complementary contributions to the complementary measures shall be calculated according to the costs of planning and implementation of the additional measures approved by the OFT under the approval of the plans.
Costs related to the maintenance and renewal of the clean parts of the installation are the responsibility of the infrastructure manager.
The request for approval of the plans of the infrastructure manager is the application according to art. 11, al. 1, of the Act of 5 October 1990 on subsidies. The approval of plans coming into force serves as the contribution approval decision. The amount of the contribution shall be based on the construction project.
The OFT may fix flat-rate contributions.

RS 616.1 art. 9 encouragement to investment subsidies referred to in art. 10, art. 1, LBCF are granted if it is attested that: a. the emission value is at least 4 DB(a) lower than the limit referred to in art. 4; b. mileage cars in Switzerland benefits are at least 5000 km; c. investment by truck costs will in principle not exceed 200%, or 260% when it comes to small series, from those of a conventional truck.

The amount of financial aid is based on mitigation of the noise and the contribution to innovation in rail freight traffic, particularly on energy and security. In 2016, the financial assistance does not exceed 70% of the difference between the cost of investment of a conventional bogie. In the following two years, she is gradually brought to 50% of the difference in cost. The FOEN defines the detailed criteria and regulates the calculation of the financial aid.
Companies based in Switzerland can submit applications for financial assistance to the FOEN until December 31, 2025.
The FOEN decides on requests after hearing the OFT.

Art. 10 research the Federal Government can encourage or order projects of research and development of measures to limit emissions; These measures may be taken at the stage of development, testing, adaptation or approval.
The FOEN decides on the projects after hearing the OFT.

Art. 11 adaptation to higher prices the OFT determines, in agreement with the Federal Government Finance, the index of inflation applicable to the credit commitment to the payment of contributions and financial aid.

Art. 12 monitoring the evolution of railway noise the OFT is a record of the evolution of the noise emitted by the railways.

Art. 13 public the OFT information ensures that the public is informed sound sanitation of the railways and the evolution of noise emitted by the railways.
After agreement with the OFT, the railways shall inform the public of the implementation of the additional measures referred to in art. 7A LBCF.

Art. 14 repeal of another act the order of 14 November 2001 on the reduction of noise emitted by the railways is repealed.

[RO 2001 2990, 2005-1053]

Art. 15 amendment of another Act...

The mod. can be found at the RO 2015 5691.

Art. 16 transitional provision the noise reduction measures approved in the first instance before the entry into force of this order are governed by the old law.

Art. 17 entry into force and duration of validity this order comes into force on January 1, 2016, subject to para. 2. art. 4 come into force on January 1, 2020.
This order has effect until December 31, 2028.

Annex 1 (art. 5, para. 2) proportionality of additional 1 principle the profitability of measures additional measures of noise reduction is assessed according to uniform criteria throughout the network.

2 costs and utility 2.1 calculation of annual costs in the calculation of annual costs, must take into account the duration of intended use (depreciation), financial costs (interest) distributed evenly over the duration of the reduction of noise and possible maintenance costs. The infrastructure manager presents the assumptions of costs in its application for approval of the plans.

2.2 calculation of utility 1. The usefulness of an additional measure of noise reduction is calculated from the unweighted difference between the level of exposure measured with and without the measure, multiplied by the number of people involved.
2. the calculation of the utility includes only buildings whose building permit is in force before January 1, 1985 and who are exposed to noise exceeding the value limits and plots which were equipped before January 1, 1985. The value is calculated per floor.
3 noise sensitive premises (art. 1, para. 2, OPB) are, in principle, determined on site.
4. for the calculation, the number of people exposed is determined on site and based on the use of noise sensitive premises: a. housing: three people per dwelling unit rate is applied on the entire network (apartment, House) .b. other uses: for the business premises without significant noise, offices, restaurants, schools, public buildings, etc. , should take the current average of people who, as a general rule, occupy the premises constantly by trial (day or night): employees, students, etc., however without the guests or visitors. The usual occupancy rate applies to rooms of hotel.c. plots not built, before January 1, 1985: as long as these areas are not the object of specific plans, the potential number of people exposed to noise must be estimated on the basis of the plan trust and area plan. For home use, there is a person by floor area 30 m gross.

2.3 reference values to determine profitability 1. The value of reference to determine the profitability of additional measures is: investment by ∑ (∆dB (A) × people) cost: 3,000 francs (price of October 1998)

2. Turning to the metal bridges, there are taken into account in particular the conspicuity and the effect of nuisance to the resonance of the bridge.

RS 814.41 Annex 2 (art. 7, para. 2) average roughness of the average roughness of the track rails is calculated according to the following formula: 4 dB ≤le, CA ≤10 dB level of the roughness, CA is calculated from the spectrum of roughness R (e), a spectrum E (e) correction, a filter of C (e) contact with A weighted assessment level for sound pressure signals Abew (f (e , v)).

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