Federal Council favors clearer liability rules for freight transport
Published: Wednesday, Oct 9th 2024, 16:20
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Clearer rules are needed for liability for damage in rail freight transport. The Federal Council is prepared to implement the demands submitted in light of the derailment of a freight train in the Gotthard Base Tunnel.
It is proposing a Yes to a motion submitted with reference to the accident in the Gotthard Base Tunnel. However, the Federal Council does not provide any further details in its statement published on Wednesday. The motion comes from the National Council's Committee for Transport and Telecommunications (KVF-N).
The motion calls for strict liability for wagon keepers - just as it applies to railroad companies. Wagon keepers should also have to insure themselves for a fixed amount of cover. And the Federal Council should advocate a fairer distribution of risk between wagon keepers and railroad companies in international bodies.
The majority of the KVF-N hopes that a revision of the liability requirements will create incentives for wagon keepers to increase safety measures. The committee approved the motion by 13 votes to 8 with 4 abstentions.
On August 10, 2023, a freight train derailed in the Gotthard railroad tunnel on its journey from Chiasso TI to Basel. According to an interim report by the Swiss Transportation Safety Investigation Board (Sust), the accident was caused by a broken wheel disk. According to the Sust, this was probably caused by fatigue cracks in the metal.
According to the KVF-N, SBB Cargo "as the actual carrier will most likely be liable for the accident". Under current law, the wagon keeper is only liable in the event of an accident if the railroad company can prove that it was at fault. A defect in the wagon is not sufficient for this proof.
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