SwitzerlandDisability Equality Act, Accessible Services of Concessioned Enterprises and Public Transport Communication Systems and Ticketing
In force since .
An accessibility requirements rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
As of .
What it requires
- Do not leave a service within Article 3 lit. e usable by persons with disabilities only under aggravating conditions or not at all, if you are a concessioned enterprise (BehiG Arts. 2(4), 3 lit. e and 8(1)).
- Offer your publicly accessible communication systems and ticketing in a form suited to persons with disabilities, if you are a public transport undertaking within Article 3 lit. b (ski lifts and aerial cableways with fewer than nine places per transport unit are excluded); the Act's ten-year adaptation period for this, which ran from its entry into force on , has ended (BehiG Arts. 3 lit. b and 22(2)).
- Where a court or authority declines to order removal of a disadvantage because the benefit is out of proportion to the economic effort or the other interests in Article 11(1), offer the appropriate substitute solution it requires (BehiG Art. 12(3)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The court or administrative authority (Article 8(1)) and the competent authority (Article 7(2)) of the Disability Equality Act
Settledness
- As of
- Open questions
- Does "Billettbezug" in Article 3 lit. b of the Disability Equality Act reach an online ticket shop or a ticketing app of a concessioned transport undertaking?
What this law does
The Act applies to publicly accessible facilities of public transport, including communication systems and ticket purchase, and to vehicles subject to the transport acts the provision lists, except ski lifts and aerial cableways with fewer than nine places per transport unit.
It also applies to services that anyone may in principle use, of private parties, of enterprises holding a railway infrastructure concession or a passenger transport concession, of other concessioned enterprises and of public bodies. Article 3(e) reads as amended by the Federal Act of on the Organisation of Rail Infrastructure, in force since .
A person disadvantaged by a concessioned enterprise or a public body in using a service may demand from the court or the administrative authority that the provider of the service remove or stop the disadvantage. A person whose access to a facility or vehicle of public transport is, for structural reasons, impossible or possible only under aggravating conditions may demand from the competent authority that the concessioned enterprise remove or stop the disadvantage.
The court or authority does not order removal of a disadvantage where the benefit to be expected for persons with disabilities is out of proportion, in particular, to the economic effort, to environmental, nature and heritage interests, or to traffic and operational safety. Where it declines to order removal on that ground, the court or authority obliges the concessioned enterprise or the public body to offer an appropriate substitute solution.
Communication systems and ticketing must be offered in a form suited to persons with disabilities at the latest ten years after the entry into force of the Act.
When LexLint raises it
When your app profile says your app ships a consumer interface.