Cableways Impact Assessment Study - Final Report - saferail.nl

IA Study Concerning the Revision of the Cableways Directive
cableways which, perhaps meet only the “passenger transport objective” (see the first
sentence of recital), but operate using different basic principles. This definition
(which, however, has no ‘intrinsic legal value’) is as follows:
“Cableway installations designed to carry persons (hereinafter referred to as
"cableway installations") are designed, manufactured, put into service and
operated with the object of carrying persons. Principally, cableway installations
are mountain lift systems used in high-altitude tourist resorts and consisting of
funicular railways, cable cars, gondolas, chairlifts and drag lifts, but may also
consist of cableway installations used in urban transport facilities. Some types of
cableway installations may use other, completely different basic principles which
cannot be excluded a priori. Therefore, provision should be made for introducing
specific requirements designed to achieve the same safety objectives as those laid
down in this Directive.”
In this regard, it is also of note that based on Article 1.6 of the Cableways Directive,
“equipment for use in fairgrounds or amusement parks, for leisure purposes” is
excluded from the scope of the Directive. Further explanation is provided in the
Application Guide to the Cableways Directive (EC, 2006), which states that the
“cable and passenger transport objective” are the principal determinants of the scope
of the Directive. A distinction has, therefore, been made between installation
objectives (i.e. transport versus leisure activities). Although this exemption appears to
apply only to equipment for use in fairgrounds and amusement parks (even though
some language versions of the Directive refer to exhibition grounds and amusement
parks 17 ), there is a need to examine whether new kinds of equipment and installations
are being placed on the market which are designed for leisure purposes but may also
serve a transport function. For example, recent discussions regarding a novel system
manufactured by Wiegand GmbH have highlighted the possibility that some
installations may serve multiple functions.
In summary, there is a need to examine whether the existing scope of the Directive is
still suited to current market developments.
Inclined Lifts and Small Funiculars
The second specific problem relates to issues experienced with regard to the approval
of inclined lifts and small funiculars. While inclined lifts fall within the scope of the
Lifts Directive (Directive 95/16/EC), small funiculars are subject to the Cableways
Directive. The consultants’ understanding of the legal distinction between inclined
lifts and small funiculars is described in Box 4.1, based on the text of the two
Directives and their Application Guides.
17
Translations of the Directive understood by the consultants have been reviewed (Czech, English,
French, German, Greek, Hungarian, Polish, Italian, Slovak and Spanish), with the conclusion that the
Czech and Slovak versions of the Directive refer to ‘exhibition grounds’ rather than ‘fairgrounds’.
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