National Council does not want to hold owners of freight wagons liable
Published: Tuesday, Dec 10th 2024, 14:00
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Following the derailment of a freight train in the Gotthard Base Tunnel in August 2023, the National Council has narrowly rejected a proposal to revise the risk liability of freight wagon owners. Wagon owners should still not be held liable for accidents to the same extent as railroad companies. The deal is therefore off the table.
The National Council rejected the motion of its Committee for Transport and Telecommunications (KVF-N) on Tuesday with 91 votes against, 89 in favor and four abstentions.
The motion had called for a revision of the liability requirements for wagon keepers to create incentives for them to increase safety measures. Wagon keepers should also have to insure themselves - for a fixed amount of cover.
On August 10, 2023, a freight train derailed in the Gotthard Base Tunnel on its journey from Chiasso TI to Basel. According to an interim report by the Swiss Transportation Safety Investigation Board (Sust), a broken wheel disk caused by fatigue cracks in the metal was responsible for the accident.
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.
The current legal practice is "an imbalance in the distribution of liability", said committee spokesman Matthias Jauslin (FDP/AG) in the Council on Tuesday. The Federal Council also spoke out in favor of clearer liability rules for freight transport.
In the end, however, a conservative minority in the committee successfully argued in favor of retaining the current legal practice. Benjamin Giezendanner (SVP/AG) argued in the Council that adapting the legislation would make single wagonloads "massively more expensive" due to rising insurance costs.
©Keystone/SDA
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