authorisation of cableway installations neue gesetzliche … transporti/attachment... · 2020. 7....
TRANSCRIPT
Neue gesetzliche Bestimmungen
für das Seilbahnwesen
Authorisation of cableway installations
in Austria (procedures for authorising
the construction and the entry into
service)
Cableways in Austria
Current number of cableway
installations: 1.120 cableways
approx. 1.840 drag lifts
New installations in 2016: 20 cableways
Investment volume in 2016: approx. € 570 million
(estimated number, inculding
snow-making equipment)
Number of transported persons: approx. 600 million/year
Total turnover in cableway
business: approx. € 1,2 billion/year
1) Directive 2000/9/EC of the European Parliament and of the
Council of 20 March 2000 relating to cableway installations
2) applicable for federal states as well
Abbreviations:
SBT safety component VO Regulation
TS subsystem RL Directive
N.B. Notified Body BV Operation Instructions
Structure : Law on Cableways
Essential requirements
European
standards
Defintion
Cableway
Conformity
of SBT + TS
Safety
analysis
Safety
report
N.B.
CE-
marking
BMVIT
European Standards2)
International
Affairs
Supervision
- Funicular railways
- Reversible aerial cableways
- Gondola lifts
Legislation 2)
Laws, VO
RL, Decrees
BV – requirements
of BMVIT
- Funicular railways
- Reversible aerial cableways
- Gondola lifts
- Detachable chairlifts partly
Authorization
procedure
- Notified Body
- Creator of the safety report
Registers 2)
RL 2000/9/EG 1)
New Approach
Transformation
BMVITSeilbahngesetz 2003 Authorities
Federal States
Supervision- Detachable Chair Lifts
- Drag lifts
- Fixed-grip chair lifts
Removement
- Detachable Chair Lifts
- Fixed-grip chair lifts
- - Drag lifts
Ensuring:
- free movement of goods
- uniform safety
standards
- safeguard procedure
Authorization
procedure
designed to carry persons
SEILBAHNGESETZ 2003 / National Law on Cableways 2003
Manufacturer / Operator Procedures of the authorities
Project
S.A.Cableway tech.
S.A.Electrotech.
S.A.Fire protection
S.A.geology
S.A.avalanches
S.A.other dangers
Safety Report
(civil engineer, accredited bodies)
Construction plan
Safety Report
Longitudinal intersection
+ calculation
List of safety components and subsystems
Documents infrastructure
(maps of buildings etc.)
EU Declaration (if available)
Request
Concession
OK
Concession
oral hearing for
construction permit
OK
Construction permit
Request
operation licence
Public interest
financing / rentability
Protection of nature
Avalanche safety
Construction plan
Costs of the project
oral hearing for
operation licence
EU Declaration safety component
EU Declaration subsystem
detailed plans
Operation licence
OK
Periodical inspections
gem. SeilbÜV 2013
every 5 years
Safety Analysis
Technical description,
map, etc.
other things
every 5 years
Fire protection
Rquest Construction Permit
Request Construction Permit
Cableway installations subject to
the „Seilbahngesetz“ (National Law on
Cableways)
Cableways in the sense of this National Law are railways whose carriers
are moved track-bound by cables as well as drag lifts.
Cableways are:
1. Funicular railways (Standseilbahnen);
2. Aerial cableways (Seilschwebebahnen)
a. Reversible aerial cableways (Pendelbahnen)
b. Circulating cable cars (Umlaufseilbahnen)
ba. Gondola lifts (Kabinenseilbahnen) bb. combined lifts (Kombilifte)
bc. Detachable chair lifts bd. Fixed-grip chair lifts
3. Drag lifts
4. Aerial cableways which are operated as drag lifts during winter-time
(combined lifts)
5. Cableways for material transport either for company purposes or for
limited public transport
Main obligations of cableway
companies
• Obligation to operate
• Obligation to contract (= obligation to transport persons)
• Liability insurance
• Liability for damages caused on neighbouring property by
building or operating the cableway
• Construction and operation with regard to the safety
requirements and taking into consideration the generally
accepted rules of technology
Rights of the cableway company
• Right to expropriate on the basis of the Law of Expropriation for
Railways
• Protection against unreasonable competition
• Authorization to build the auxiliary equipment for the
construction, operation and transportation of the cableway itself
• Authorizaton to carry out maintenance work and servicing
Authorization procedures
The authorization procedure has three stages:
• Authorization (concession)
• Construction permit
• Operating license
Basis for the examination of the
authorization request(§ 24 SeilbG 2003)
• Memorandum of association (Statute)
• Certified excerpt from the commercial register
• Annual accounts of the last financial years
• Construction plan
• Construction and operating programme
• Detailed description of the construction project
• Indication of the cableway‘s purpose
• List of building costs with company offers
• Profit forecast
• Financing plan (proof of sufficient internal and external funds)
• List of land owners
• Description of traffic situation
• Map of ski slopes
• Notification of nearest public cableways
• Documents concerning nature conservation
• Documents concerning forest clearence if forest area is required
Period of authorization (concession)
Current practice:
• Fix-cripped cable lifts: 30 years
• Detachable cable lifts
and gondola lifts: 40 years
• Reversible aerial cableways and funiculars: 50 years
Extension of authorization is possible (on request) if:
- public interest is still given
- cableway is technically modernized
Construction Permit
The Construction plan has to contain the following documents:
• Technical description;
• Map with stations, entries and exits, structures along the line, electric
cables and intersections;
• Name and address of the land owner;
• Longitudinal section of the trail (scale 1:500);
• Calculation of rope and longitudinal section;
• Maps of buildings (station and structures along the line);
• Declarations of EU conformity for safety components and subsystems as
far as they are already available;
• Plan of subsystems as to Annex I of Directive 2000/9/EG;
• Description of electrotechnical facilities;
• Announcement of type of transportation and operation (as well as sports
equipment admitted for transportation, night operation);
• Provision for the supervision of the operation
• Safety analysis and safety report
Construction Permit
The following branches are involved in the building permission
procedure:
- Cableway technology
- Electrotechnology
- Protection against natural hazards (Torrent and Avalanche Control)
- Geology
- Water protection
- Building construction
- Fire protection
- Employee protection
- Nature conservation
- Forestry technology
- Medical aspects (e.g. first aid facilities)
Construction Plan
• On the basis of the safety report the construction plan has to
contain documents concerning infrastructure, subsystems and
safety components, safety analyses and the declaration of EU
conformity (if already available)
• When evaluating the construction plan the integrity of the
documents as well as the conformity with the safety report, the
safety analyses and the existing declarations of EU conformity
have to be verified. Including the infrastructure it has to be decided
whether for the secure and proper construction and future
operation any further measures have to be taken to fulfill the
essential requirements in accordance with § 11 (Annex II of the
Directive).
Subsystems
1. Cables and cable connections
2. Drives and brakes
3. Mechanical equipment
4. Vehicles
5. Electrotechnical devices
6. Rescue equipment
Safety components
• A safety component is a provision for ensuring the safety of the
cableway.
• A malfunction of such a component endangers the safety of the
cableway.
• It may include a group of components.
• Safety components must be mentioned as such in the safety
analyses.
Operating license
The following documents have to be added to the request:
• Report of the declaration of the installation‘s conformity with the verified
plans;
• Drawings of the intallation‘s infrastructure facilities (stations and
structures along the line including their foundings);
• Declarations of EU conformity for the safety components and
subsystems as far as these are not already part of the construction
plan);
• Static calculation of the stations and the structures along the line; has to
be prepared or verified by an authorized civil engineer);
• Circuit diagrams (Stromlaufpläne);
• Proof of the conclusion of a liability insurance;
• Operation instructions and terms of transportation;
• Announcement of the responsible operations manager and his
representative
Operating licence
- Before the operating licence is given, the cableway undergoes a technical
check by the authority.
- The legal requirements stated in the construction permit are verified by
the appropriate technical experts.
- For new cableways or extensive changes of a cableway the authority
makes an on site hearing with all relevant technical experts at the end of
the technical examination. The technical experts make written reports
about the result of their inspection.
- During the permission procedure for new cableways, the managers of the
operation and the operating instructions are approved by the authority
and it`s experts as well.
Operating personnel
• Minimum age: 18 years
• Sufficient language skills (German)
• Appropriate health and professional competence
• Reliability
Operations manager:
• Operations managers have to fulfill additional conditions.
• Professional competence has to be proven by a positive
certificate of an operations manager training course +
examination by the authority.
• Before first appointment a medical attestation is required.
• Is approved by the authority.
Obligations of the operations
manager
• The operations manager has to take care that the cableway
corresponds to the official regulations
• Responsibility for secure and correct operational management
• Verification if the operating personnel is suitable and reliable
• Training of the operating personnel
• Regulations
– Regulation on Drag lifts (Schleppliftverordnung 2004)
– Regulation on the Inspection of Cableways (Seilbahnüberprüfungs-Verordnung
2013)
– Regulation on approval-free modifications of cableways (Verordnung über
genehmigungsfreie Bauvorhaben)
– Regulation on the relocation of cableway installations (Verordnung über
das Wiederaufstellen von Seilbahnanlagen)
– Regulation on the Protection of Employees in the field of Transport
(AVO Verkehr)
Overvue of further legal
requirements for cableways
• Reporting Regulation 2006 (Meldeverordnung 2006) (concerning
notification of accidents)
• Decree
– Decree on luminous signs (Leuchtschilderlass)
– Decree on avalanches (Lawinenerlass)
– Decree on operating personnel (Personalerlass)
Overvue of further legal
requirements for cableways
• Directives
– RL R1/04 concerning requirements for the safety report and the
safety analyses
– RL R2/04 concerning repeated examination of fire protection
measures
– RL R4/06 concerning modifications of cableways and
additional constructions
– RL R5/07 concerning regulations on the appointment of
operations managers
– RL R6/08 concerning rescue equipment
– RL R7/09 concerning the working place of the personnel at the
station
Overvue of further legal
requirements for cableways
• The relocation of a cableway contains the removing, the transport
and the construction on a new site, where the predominant part of
the cableway-specific components of the existing cableway
continue to be used.
Relocation
Regulation on the relocation of a
cableway
• Field of application
– Regulation only valid for cableways in Austria that have been
operated before the 3rd of May 2004 or which construction has
begun before that date (before harmonised standards).
– respectively for cableways that have been in operation before
the 3rd of May 2004 in another member state of the European
Union
– Regulation is not applicable for the repeated relocation of
cableways – with the exemption of drag lifts.
• Aim of the Regulation:
– Simplification of the procedure especially facilitation for the
reconstruction of drag lifts
– Securing of high safety standards
Regulation on the relocation of a
cableway
• Authorization procedure (Concession)
– Procedure according to the general regulations of the National
Law on Cableways
– Period of validity of the concession: in general 20 years
Regulation on the relocation of a
cableway
• Each cableway has to be checked at certain time intervals. The
inspection has to be initiated and paid by the cableway operator.
• There are two kinds of inspections: the periodical and the additional
inspections
Periodical inspection:
• The inspection is performed by specially accredited bodies.
• Public cableways - every 5 years
Not public cableways and drag lifts - every 10 years
• Inspection includes mechanical, electrotechnical and operational
aspects
Regulation on the Inspection of
Cableway Installations
• The exact scope of the periodic inspection is regulated in Annex 1 of
the Regulation
• Annex 1:
Basis of the inspection: the approval documents, the reports of
previous inspections and the operations diary
The inspection includes:
- External (apparent) tests (like the line, station structure, structures
along the line, vehicles)
- Functional tests (like drive, breaks)
- Check for changes
- Control of documents (e.g. - if the additional inspections of Annex 2 of
the regulation have been made)
Regulation on the Inspection of
Cableway Installations
Regulation on the Inspection of
Cableway Installations
• The authority monitors whether the deadlines are met by the
operators.
• The time limit may be exceeded or undershot by the company up to
half a year.
• The inspection body creates a report, in which all shortcomings are
mentioned - specifying the dates for the corrective action.
• If an immediate operational risk is detected, the operation must be
stopped immediately.
• The inspection body has to check the corrective action and at the
end to issue a final report.
Regulation on the Inspection of
Cableway Installations
Additional Inspection:
• The exact scope of the additional inspection is regulated in Annex 2
of the Regulation. Here is also determined which auditor may make
these checks.
• Annex 2:
This applies to components of cableways that not have been subjected
to conformity assessment procedures. Otherwise, the operating and
maintenance instructions must be observed.
E.g. - non-destructive examination of the pulleys, the main drive, the
first time within 15 years or 30 000 operating hours after the initial
commissioning of the components, then at least every 10 years or
20 000 operating hours.
Regulation on the Protection of
Employees – Transport (AVO Verkehr)
• Construction permit: In the safety report the compliance with the
requirements of the protection of employees has to be verified and
proven.
• Operating license: Before giving the operating license the
compliance with the requirements of the protection of employees
has to be proven.
• VgBSeil 2006
• This regulation contains an exhaustive list of construction measures
which do not require to be authorized. It further states who is entitled
(operations manager or other person according to § 20 SeilbG 2003)
to conduct and control such construction undertakings.
Regulation on approval-free
modifications of cableways
• The safety of the cableway (stations and pillar (Stütze))
and
the safety of the operation of the cableway (including its entry and exit
areas)
and
an associated ski slope
must be given because of the natural conditions in this region or must
be produced with permanent and/or temporary protective measures.
Decree on avalanche safety of
cableways
• Establishing the requirements for safety analysis and safety report
• The safety report can only be written by a person or body that is authorized
of the Ministry and that is registered in a special register, held by the
Ministry
• In this list are registered the following persons or bodies:
– accredited bodies according to ÖN EN 45004
– civil engineers with the permission in the fields of mechanical
engineering and construction
– for both - some years of work experience with cableway installations
(design, construction and operation) is required
Richtlinie R1/04Directive on safety analyses and the safety report
• Fire safety inspections have to be held at least every 5 years
• Definition of the scope of the inspection
• Determination of the persons or bodies that are authorized to carry
out the fire safety inspections
– official experts for fire protection
– judicially sworn experts for fire protection
– for the field of fire protection accredited testing and inspection
bodies
Richtlinie R2/04Directive on the implementation of § 51 SeilbG 2003
(periodic inspection of cableway installations in terms of
measures of preventive fire protection)
• This directive lays down the procedure for the replacement of
components as well as for the modifications and additional
constructions of cableway installations.
• With exception of: approval-free constructions and the replacements
and modifications of ropes.
Richtlinie R4/06Directive concerning the replacement of technical
components as well as modifications and additional
constructions
Replacement of components:
– The replacement of a component by an identical or similar replacement part does not constitute a construction project as defined in the law (Seilbahngesetz 2003) => an official permission is not necessary, in certain cases it must be reported to the authority
– Identical spare part is a component which has no deviation – refferedto the part to be replaced on
– Similar spare part has similar characteristics to the component to be replaced on
– Example: Replacement of a component by a version with enhanced material quality and unaltered main dimensions, provided that no change of any existing EC declaration of conformity is required
– Not a similar spare part:
Example: Replacement of a fitting (Klemme) by another type
Richtlinie R4/06
An obligation to give the authority some information about the
replacement of a component is only necessary for the replacement of
certain identical or similar components that are listed in the directive.
In this cases the proof of qualification must be submitted to the
authority.
• pulleys (Seilscheiben)
• sheaves (Rollenbatterien)
• cabines, seats or drag devices (Kabinen, Sessel oder Schleppvorrichtungen)
Richtlinie R4/06
• Additional constructions are construction activities where
components are installed,
- that previously were not available to the cableway,
- that perform tasks, which so far not have been met by any other
component, or
- that form a separate assembly.
• Modifications are construction activities that change a cableway
installation and this changes are not classified as additional
constructions.
• For cableways, which were built and approved before the 3rd of May
2004, those regulations can be used that have been applied
immediately before the entry into force of the specific national law
for cableways (SeilbG 2003).
Richtlinie R4/06
• This directive lays down the provisions for operations managers,
that are responsible for several public cableways.
• A manager can not be responsible for more than 8 cableways.
• On the day on which a manager is assigned for duty, he must be
able to reach all of its cableways within 20 minutes.
• Non-public cableways and drag lifts are not affected by this
regulation. There is no obligation for operation!
Richtlinie R5/07
Directive concerning the function of operations
managers
• This directive lays down the rules for the acquisition and modification of the rescue equipment for cablways. For some parts a permission of the authority is necessary, for some parts there is not.
• The directive contains provisions of the evacuation concept:
Description of the proposed methods of rescuing and the rescue equipment, considering the time the rescue team needs to perform a recovery.
Richtlinie R6/08
Directive concerning the rescue equipment for
cableways
• The observation of the passenger transport by employees working at
the entries and exits of cableways (gondola lifts) can take place in
their service rooms.
• = Requirement of the special law for employee protection
• New cableway installation must have appropriate working places in
closed rooms
• The entry and exit areas in the stations have to be in comformity with
this direcitve if the cableway operates with up- and downhill
transportation of passangers
Richtlinie R7/09
Directive concerning the working place (workstation)
Purpose:
• The same level of safety in fire prevention for new cableways and
those which are being upgraded or extended with regard to
construction, operation and maintenance
• Avoid the outbreak of fire within or nearby the cableway
• In case of fire: reducing the risk for persons
Protection target:
• To maintain the functional integrity of the cables in case of a fire
during the operation of a cableway
Guideline concerning the fire
protection of cablways
Thanks!