In August 2024, the National Council’s Transport and Telecommunications Committee submitted motion 24.3823 ‘Revision of the risk liability of owners of freight wagons’ by 13 votes to 8 with 4 abstentions. The motion aims to introduce strict liability and compulsory insurance for wagon keepers, including stipulating the amount of cover. The intention is to increase safety in rail freight transport. The National Council will discuss the motion on Tuesday, 10 December 2024.
This is the issue:
- The motion is in contradiction with the system
- The motion does not increase safety
- The motion torpedoes the modal shift policy
- The motion treats the same things unequally
The motion is contrary to the system
Under the current system, wagon keepers are responsible for the authorisation and maintenance of their wagons. In the event of damage, their fault is presumed if there are defects in the wagon and they are liable for the damage if they cannot prove that they have taken all the necessary safety precautions. The railway undertakings (RUs) are responsible for the operation and safety of the trains/wagons, while the wagon keepers have no influence on the safety checks when operating their wagons. Extending liability to wagon keepers would severely impair the efficiency and cost-effectiveness of rail freight transport and is therefore contrary to the system.
The motion does not increase safety
Every freight wagon is approved by the national safety authority before being put into operation – regardless of liability issues. In addition to this state approval, all freight wagons also undergo an externally certified, periodic and preventive maintenance process. For wagon keepers, the safety of their freight wagons is crucial for their reputation and an important investment and sales argument. Companies across Europe invest 1.7 to 2 billion euros in new freight wagons every year and are constantly working on safety improvements. A tightening of liability does not lead to a reduction in the risk of accidents, nor does it reduce the probability of accidents occurring and the extent of the damage they cause.
The motion torpedoes the modal shift policy
Stricter liability makes freight transport more expensive and more complicated, as the transfer of freight wagons between different areas of responsibility becomes more complex. As a result, fewer freight wagons could be used in Switzerland, as there is likely to be a lack of freight wagon capacity from abroad. This makes rail freight transport less attractive and torpedoes the modal shift policy. Switzerland going it alone would undermine the European regulations that have been developed and balanced over decades and lead to an isolated solution. In addition, Switzerland would jeopardise its important role in European freight transport, which would ultimately jeopardise security of supply.
The motion treats the same things unequally
Equal processes – towing vehicles by a towing vehicle – will be treated unequally if the motion is accepted. This occurs in the relationship between articulated lorries and goods trains, but also in the relationship between passenger and goods trains.
Motion 24.3823 ‘Revision of the risk liability of owners of freight wagons’ therefore fails to fulfil its actual intention. It only costs everyone involved a great deal and reduces the competitiveness of rail transport compared to road transport. The existing system already guarantees the safety of rail freight transport and offers the most efficient framework conditions for Switzerland’s modal shift policy.
