Ordinance on Contributions to the Adaptation or Removal of Railway Level Crossings - Adjustment; Definition

1. An adaptation of an existing level crossing is considered to be the replacement of a safety device that does not match the hazard situation with a higher-ranked safety device, namely the replacement of St. Andrew's crosses with a flashing light system or the replacement of a flashing light system with a barrier system.

2. Replacement is not considered an adaptation if a safety device that matches the hazard situation is replaced with a similar type of safety device, specifically replacements due to material fatigue, technical adjustments, and technical innovations.

1. Eligible costs are those costs that are directly and immediately related to the project.

2. The following are not considered eligible costs, in particular

a) the costs for studies and preliminary assessments;

b) the costs for measures that are not absolutely necessary for the project;

c) compensations to authorities and interest on construction loans;

d) the costs of measures that are disproportionate or impractical compared to other possible measures.

3. To compensate for the maintenance costs of the adapted safety system, the eligible costs are assessed 25 percent higher.

4. If the installation is replaced or renewed before the end of the usage period of 25 years, or if the railway crossing is abolished beforehand, the higher assessment must be reimbursed to the canton and municipalities in proportion to their contribution, based on the unrealized usage period.

5. The Department of Construction and Economic Affairs determines the eligible costs in each individual case.

1. The canton and the municipalities of the jurisdiction provide support contributions to the owners of private roads for whom bearing the costs of renovation, according to Article 26, Paragraph 2 of the Railway Act, is partially or entirely unreasonable, taking into account the contributions from the canton and municipalities.

1. The application for contributions must be submitted by the railway company along with the restoration project, the cost estimate, and the cost-sharing agreement to the Department of Construction and Economic Affairs for review.

2. The Department of Construction and Economic Affairs reviews the application with the involvement of the local municipality.

3. The application for contributions pursuant to Article 3 must be submitted by the liable third parties along with the documents necessary for assessing the financial situation to the Department of Construction and Economic Affairs.

4. The Department of Construction and Economic Affairs may request additional documentation.

1. The Department of Construction and Economic Affairs and the local municipality decide on the allocation of contributions through a commitment of contributions.

2. The commitment of contributions expires if the construction of the project does not commence within five years following the legally binding railway planning approval.

1. The Department of Construction and Economic Affairs monitors compliance with the contribution conditions and reviews the cost accounting.

1. Upon review of the final accounts by the Department of Construction and Economic Affairs, the contributions from the canton and municipalities are made to the railway company.

1. The regulation shall enter into force on January 1, 2008.