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Rail Carriage Act (1985:192)

Appendix 1

Chapter 1. General provisions

Section 1 This Act shall apply to railway traffic on rails within Sweden or to Swedish train ferries. The provisions regarding railways in Chapter 1, Chapter 2, sections 2-5 and Chapter 5 shall also apply to underground railways and trams.

Chapter 2, section 4 and Chapter 3, section 1 provide that certain provisions of the Act shall also apply to carriage by means of transportation other than those referred to in the first paragraph. In cases referred to in Chapter 2, section 4, provisions of the Act can thereupon also apply to carriage outside of Sweden. Pursuant to Chapter 2, section 1, Chapter 3, section 1 and Chapter 4, section 1, the Act shall, in certain cases, not apply to carriage in respect to services abroad.

The Act shall not apply to postal carriage by railway. (1998:485).

Section 2. The provisions of this Act may not be set aside by agreement to the detriment of passengers, or senders or recipients of goods. An agreement which deviates from the provisions of Chapter 3 may, however, be entered into where the goods are of an unusual type or other special circumstances render it reasonable. 

Any agreement providing that future disputes arising from relationships governed by this Act are to be resolved by arbitrators may be asserted only with respect to disputes which pertain to the carriage of goods.

Section 3.  Where the railway fails to fulfil its obligation to provide carriage pursuant to law or other statutory instrument, and any person for whose benefit the obligation to provide carriage applies thereby suffers loss, the railway shall be obligated to compensate the loss.

Section 4. The railway's liability under this Act also covers any acts or omissions in the course of employment by any person who is employed by the railway, as well as any acts or omissions in the course of performance of services by any party engaged by the railway.

Section 5. The right of any person with a claim for compensation under this Act or any other claim for payment due to a carriage agreement shall lapse where he fails to commence action within the prescribed period set forth in the second or third paragraph.

The statute of limitations in the event of death is three years from the date of death, however not longer than five years from the date of the event which led to the death; in the event of personal injury which did not lead to death, three years from the event which caused the injury; in the event of property damage as referred to in Chapter 2, section 3, where the passenger has died as a result of the event which caused the injury, three years from the date of the death, however not longer than five years from date of the event causing injury; in conjunction with property damage where the claim pertains to an agreement for carriage of the goods or registered luggage, one year from the date on which the goods or luggage were released or, if they have not been released, from the last day on which they should have been released; in conjunction with property damage in other cases, three years from the event which caused the loss; for other claims, one year from the date on which the claim arose.

Where the claim pertains to property damage and pertains to an agreement for the carriage of goods or registered luggage or where it pertains to any matter other than personal injury or property damage, the statute of limitations is, however, three years where the railway or any person for whom the railway is liable pursuant to section 4 has caused the loss intentionally or through gross negligence.

Where the time for commencement of action has lapsed, the claim may also not be asserted in another manner, such as through a counterclaim or claim for set-off. 

The specific rules regarding the limitations period for actions in this paragraph shall not apply where the claim is made against any party on the grounds of such party’s criminal act. (1995:370).

Section 6.  An action against the railway for compensation for loss referred to in this Act may be commenced:

1. in the court which, pursuant to another act, is competent to adjudicate such a case;

2. in the court in the departure locality, sending locality or destination locality, where the locality is in Sweden and the case pertains to compensation pursuant to any of the provisions of Chapters 2-4;

3.  in the court in the locality of the train ferry line, where the locality is in Sweden and the case pertains to loss which has occurred in conjunction with service of the Swedish train ferry on the line.

Section 7. Such provisions of this Act as pertain to specific grounds for the calculation of damages or which limit damages to an amount shall not apply to claims against the railway where the railway or any person for whom the railway is liable pursuant to section 4 has caused the damage intentionally or through gross negligence.

Section 8. The railway shall not be entitled to invoke the provisions of this Act regarding prerequisites for, or limitations on, liability for loss notwithstanding that the claim for compensation which may be based on the Act could have been asserted on other grounds.

Section 9. If a claim for compensation for loss for which the railway is liable (pursuant to this Act is brought against any person employed by the railway or who in another capacity was engaged for the operations of the railway, the provisions of sections 7 and 8 regarding the railway shall apply to such person. If the claim is based on criminal acts by the person against whom the claim is brought, he shall not be entitled to allege in response that the right to bring an action against the railway has lapsed pursuant to the statute of limitations set forth in section 5. (1995:370).

Section 10. If the railway has a due claim in connection with property which it holds as a result of a carriage agreement as referred to in this Act, the railway shall not be required to release the property to the party who has an obligation to pay for the claim until the claim has been paid or security has been provided for the payment. When release of only part of the shipment is requested, the railway may not, however, retain such part where the value of the remainder covers the claim.

A right to retain property as security for such a claim as referred to in the first paragraph also exists when a third party is storing the property on behalf of the railway or when the property is held by another railway which has participated in the performance of the carriage agreement. Any third party who is storing the property on behalf of the railway shall also be entitled to retain the property as security for its own claims for payment for the storage.

Section 11. Separate provisions shall apply to nuclear damage.

Chapter 2. Carriage of passengers

Scope of applicability

Section 1. This Chapter shall apply to the carriage of passengers by (railway in general domestic services. The Chapter shall only apply to carriage in respect of services abroad unless otherwise provided by the Convention concerning International Carriage by Rail of 9 May 1980.(1995:370).

The railway's liability

Section 2. Where a passenger is injured as a result of railway operations while he is on or entering or exiting a railway vehicle, the railway shall compensate the loss.

The railway shall have no liability under the first paragraph where the loss (is caused by circumstances which cannot be attributed to the actual operation of the railway and which the railway could not have avoided or the consequences of which it could not have prevented even if it had taken all measures which reasonably could have been demanded of it. (1995:370).

Section 3. Where property carried by the passenger or with the passenger as hand luggage is lost or damaged in whole or in part in conjunction with the passenger being caused loss for which the railway is liable pursuant to section 2, the railway shall also compensate the loss of the property.  

Where the property is lost or damaged during carriage in any case other (than as set forth in the first paragraph, the railway shall be liable only if the error or loss is attributable to the railway. (1995:370).

Amount of compensation, etc.

Section 4. Where the railway is compelled to temporarily interrupt railway operations and carries or allows carriage of passengers by another means of transportation, and if a passenger as a result of such carriage is caused personal injury or such property damage as referred to in section 3, the railway shall be liable for the loss pursuant to the rules which apply for the means of carriage used. The provisions of Chapter 1, sections 5 and 6 shall, however, apply.(1995:370).

Section 5. With respect to damages pursuant to sections 2 and 3, the (provisions of Chapter 5 and Chapter 6, sections 1 and 3 of the Damages Act (1972: 207) shall apply. 

In conjunction with property damage as referred to in section 3, the (railway's obligation to compensate shall be limited to an amount which, for each passenger, is equivalent to half of the price base amount pursuant to the Public Insurance Act (1962:381) for the year during which the event which caused the damage occurred.(1995:370).

Chapter 5. Liability in cases other than in conjunction with carriage

Section 1. If any person in any case other than previously stated in this Act is caused personal injury or property damage as a result of the railway operations, the railway shall compensate the loss subject to the exceptions set forth in the second paragraph and section 2.

The railway shall have no liability under the first paragraph if the loss is caused by circumstances which are not attributable to the actual operation of the railway and which the railway could not have avoided or the consequences of which it could not have prevented even if it had taken all measures which reasonably could have been required of it.

Section 2. Where a driver or passenger of a motor vehicle which is in service is injured, or where such a vehicle or property carried with such a vehicle is damaged, the railway shall be liable only if the loss was caused through an error or negligence by the railway or through deficiencies in any other facility for the operation of the railway.

Section 3. With respect to damages under this Chapter, the provisions of Chapter 5 and Chapter 6, sections 1-4 of the Damages Act (1972:207) shall apply.

Where causation by the injured party has contributed to damage to grazing cattle or horses or to reindeer, the damages may be adjusted only where the contribution has occurred intentionally or through gross negligence.

Where a motor vehicle which is in service or property which is carried by (such a vehicle is damaged, the contribution to this property damage shall be deemed to exist if causation in conjunction with the driving of the damaged vehicle or the vehicle carrying the damaged property or deficiency in the vehicle has contributed to the loss. (2002:347).

Chapter 6. The railway's right of inspection

(Sections 1-4 have been repealed.)

Section 5. The railway shall be entitled to inspect the contents of any item of luggage or shipment of goods where the contents are unknown to the railway and there is reason to suspect that they contain anything which may jeopardise security in the operation of the railway.

Where it can be reasonably assumed that the luggage contains anything which the railway has declared that it will not carry in the manner in question, or where the contents in a shipment of goods does not correspond to the information provided by the sender, the railway may inspect the item of luggage or contents of the shipment. The foregoing shall apply even if the railway does not reserve the right to do so in the carriage agreement.

Inspections should take place in the presence of witnesses. In conjunction with an inspection pursuant to the second paragraph, the passenger, if possible, or if the inspection pertains to goods, the sender or the recipient, should be afforded the opportunity to be present.

For the carriage of registered luggage in such service abroad as referred 6 §to in annex A to the Convention concerning International Carriage by Rail of 9 May 1980, the provisions stated therein shall apply instead.

Section 6. Where a passenger on a railway vehicle has with him property which may not be taken as hand luggage and where the passenger, upon request of the railway personnel, fails to dispose of the property, the railway may confiscate it. Where necessary in light of the hazardous nature of the property, the railway may confiscate the property without first asking the passenger to turn it over.

Section 7. Where the railway has confiscated property pursuant to section 6 or received as registered luggage property for carriage and the property is of a hazardous nature, the railway may discard, render harmless or destroy the property if it cannot reasonably be believed that the risk can be avoided through less drastic measures.

The first paragraph shall also apply to goods which the railway has received under circumstances as referred to in Chapter 3, section 11, second paragraph.

The railway shall not be liable to compensate any loss suffered by the passenger or the sender or recipient by virtue of measures which may be taken pursuant to the first or second paragraphs.

This Act shall enter into force on 1 May 1985.

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Övergångsregler

Övergångsbestämmelser

1985:192

Denna lag träder i kraft den 1 maj 1985. Genom lagen upphävs

1. lagen (1886:7 s. 1) angående ansvarighet för skada i följd av järnvägs drift,

2. lagen (1916:238) angående tillämpning med avseende å elektrisk järnväg av bestämmelserna i lagen den 12 mars 1886 (nr 7 s. 1) angående ansvarighet för skada i följd av järnvägs drift,

3. lagen (1975:89) om ordning och säkerhet inom järnvägsområde,

4. lagen (1976:58) om järnvägs ansvarighet vid befordran av resande,

5. järnvägstrafikstadgan (1966:202).

I fråga om en befordran som har påbörjats före ikraftträdandet tillämpas dock fortfarande äldre bestämmelser.