English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on the Security Units of Public Transport Companies (PTSA) of 18 June 2010 (Status as of 1 January 2016) The Federal Assembly of the Swiss Confederation, based on Articles 57 paragraph 2, 87 and 92 of the Federal Constitution,1 and having considered the report of the Transport and Telecommunications Committee of the National Council of 3 November 20092, and the Federal Council report of 27 January 20103, decrees:
(PTSA)

This Act lays down the duties and powers of the security units of public transport companies.

The transport companies governed by this Act are:

1. railway companies holding a concession pursuant to Article 5 or a licence pursuant to Article 9 of the Railways Act of 20 December 1957⁴;

2. railway, cablecar, trolleybus, bus and ship companies holding a concession pursuant to Article 6 of the Carriage of Persons Act of 20 March 2009⁵.

Transport companies shall operate security units where necessary to protect passengers, employees, freight, infrastructure and vehicles, and to ensure the proper operation of their services.

There are two types of security unit: a security service and the Transport Police.

The Transport Police differ from a security service in the following respects:

Transport companies shall deploy security units in the light of the risks involved.

Transport Police personnel shall swear an oath of public office.

Transport Police personnel shall carry out their duties in uniform.

The Federal Council shall regulate the initial and continuous training, equipping and arming of security units.

Security units shall:

1. ensure observance of the conditions of carriage and use; and

2. assist the competent authorities in the enforcement of federal criminal law in relation to offences potentially affecting the security of passengers, employees, freight, infrastructure or vehicles, or the proper operation of services.

The Transport Police shall also, as a second priority, assist the competent authorities at their request in the enforcement of federal criminal law in relation to other offences, insofar as resources permit.

Security services and the Transport Police shall have power to:

1. question persons and check their identity papers;

2. stop, check and eject persons having contravened the conditions of carriage;

3. require persons having contravened the conditions of carriage to pay a security deposit.

The Transport Police shall, in addition, have the power to:

1. arrest persons stopped;

2. confiscate items.

Confiscated items and arrested persons shall be handed over to the police without delay.

Persons unlawfully using a transport service may be arrested only if they are unable to furnish either proof of their identity or the security deposit required.

Police control and restraint techniques may be exercised only insofar as necessary for the purposes of stopping, checking, ejecting or arresting persons. Handcuffs or restraints may be used where a person has been arrested for a felony or misdemeanour with a view to being handed over to the police.

Any use of police control and restraint techniques under this Act shall be governed by the Use of Force Act of 20 March 2008⁶.

Transport companies may set up joint security units by way of an operating agreement.

A transport company having its own Transport Police must offer its services to another transport company on similar terms. In the event of a disagreement on price, the Federal Office of Transport shall adjudicate.

Transport companies may, if authorised by the Federal Office of Transport, delegate their security service tasks to a private organisation domiciled in Switzerland and majority Swiss-owned. Such authorisation will be granted if the private organisation can ensure compliance with the relevant provisions. The transport company shall remain responsible for the fulfilment of tasks so delegated.

Security units may process the following data for the purposes of carrying out their tasks:

1. particulars establishing a person’s identity;

2. particulars relating to breaches by a person of rules for the safety of passengers, employees, freight, infrastructure and vehicles and for the proper operation of the transport companies’ services.

Where security service tasks have been delegated to a private organisation pursuant to Article 5 paragraph 3 above, the data processing systems must be physically and logically separated from that organisation’s other data processing systems.

The provisions of the Data Protection Act of 19 June 1992⁷, in particular Articles 16–25bis and 27, apply.

Police authorities may disclose personal data to the Transport Police if such disclosure is in the interest of the person concerned and if that person has consented to the disclosure or if consent can be implied from the circumstances.

The police authorities may also disclose personal data to the Transport Police without the consent of the person concerned in order to avert an imminent and serious threat.

The police authorities shall disclose personal data to the Transport Police if the person concerned was required to disclose his or her identity.8

Inserted by Annex No⁵ of the Federal Act of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 3205; BBl 2013 7185).

Thepolice authorities shall inform the Transport Police at their request as to whether a specified person is to be handed over to them.

If requesting assistance from security units, they shall disclose to them all information necessary for the purpose.

Security units shall forward to the competent federal and cantonal police authorities all information in their possession relating to criminal offences.

The Federal Council shall issue detailed rules regulating cooperation with police authorities.

Any person failing to heed an order given by a person manifestly carrying out security tasks shall be liable to a fine not exceeding CHF 10,000.

The prosecution and trial of such offences shall be a cantonal matter.

The Federal Act of 18 February 187810 on the Administration of the Railways Police is repealed.

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This Act is subject to the optional referendum.

The Federal Council shall determine the commencement date.

[AS 3 422 and BS 7 27; AS 1958 335, 1986 1974]

The amendments may be consulted under AS 2011 3961.

Federal Council Decree of 17 Aug. 2011