Following the serious derailment of a freight train inside the Gotthard base tunnel in August 2023, Switzerland introduced new technical and maintenance rules for freight wagons. The measures, approved by the Federal Office of Transport (BAV), will be fully implemented by the end of 2025 and aim to reduce the risk of mechanical failures similar to those that caused the accident. Key changes include a minimum wheel diameter of 864 millimetres (compared with the European standard of 860), more frequent maintenance intervals ranging from 50,000 to 200,000 kilometres depending on the brake type, and the obligation to provide full documentation of the latest technical inspections. Wheels must also carry a coloured stripe designed to indicate any overheating or thermal stress.
These measures, which the BAV describes as “necessary and proportionate” to the current level of risk, are based on the finding that the Gotthard accident exposed gaps in component monitoring and traceability, even though maintenance entities had complied with existing obligations. The aim is to ensure a higher level of safety, deemed a priority especially in long-distance tunnels.
However, the decision has triggered strong opposition from operators and rail associations, potentially leading to legal action. While the Swiss Federal Railways have welcomed the move—stating that most of their fleets already comply with similar standards—critical voices have also emerged within Switzerland. The Swiss association of wagon owners, Vap, argues that the new obligations will result in “enormous” additional costs and a complex reorganisation of maintenance cycles. While acknowledging the importance of safety, Vap considers it unrealistic to meet the deadlines set by the BAV without significant economic repercussions for the sector.
The fiercest opposition, however, comes from abroad. The International Union of Wagon Keepers (UIP) and the German association VPI claim that the Swiss measures are incompatible with the interoperability principles enshrined in agreements between the European Union and Switzerland. According to the UIP, the new rules “undermine European rail interoperability” and could lead to “a collapse of international freight traffic.” While recognising the seriousness of the incident, the association accuses Switzerland of imposing unilateral burdens on wagon owners without properly involving railway undertakings and infrastructure managers.
From a technical standpoint, the UIP refers to the official investigation report by the Swiss Transportation Safety Investigation Board (STSB), which confirmed that maintenance entities had complied with the regulations in force. Nonetheless, the new requirements impose additional obligations on these same entities, which already operate in line with European standards developed in cooperation with the EU Agency for Railways (ERA). The associations fear that an isolated national approach could undermine the ongoing harmonisation work within the European Joint Network Secretariat (JNS) Task Force and ultimately hinder cross-border wagon operations.
VPI, the main representative of German wagon keepers, estimates that the economic impact of the new rules could reach “hundreds of millions of euros per year” in direct costs and efficiency losses. The association also warns that wagon availability could decline significantly, affecting the entire logistics chain along the Rhine-Alpine corridor and potentially shifting freight traffic from rail to road.
Legally, the BAV regulation explicitly allows appeals to the Federal Administrative Court in St. Gallen within thirty days of personal notification. The appeal, to be submitted in duplicate and signed by the legal representative, must specify the remedies sought and include relevant documentation. However, filing an appeal does not automatically suspend the regulation: the rules remain in force and must be applied unless the court decides otherwise in exceptional cases.
All directly affected parties, including railway undertakings and wagon owners, may appeal. Vap, UIP and VPI have already announced their intention to challenge the decision, arguing that it violates the principle of interoperability and imposes a disproportionate burden. The goal is to secure suspension or annulment of the measures, and to prompt a coordinated European review consistent with ERA rules. However, given the length of proceedings, an immediate suspension appears unlikely, and companies will in any case have to comply by the end of 2025.
