Cableway operations manager unavailable: appointment and continued operation

Under § 81 Abs. 1 SeilbG, the cableway company must appoint a responsible operations manager for each cableway. This manager bears responsibility under the operating rules for maintaining safety and order in cableway operation and traffic. The company must also appoint at least one deputy for each cableway, but non-public cableways are exempt from this statutory duty to appoint a deputy.

Distinguish a temporary absence from leaving the role. An existing deputy can cover an absence within the terms of the appointment and the operating rules. The company must arrange a lasting replacement if the previous manager’s role ends. Assigning an employee to a shift proves neither an appointment nor the necessary qualifications.

§ 82 Abs. 1 SeilbG permits the appointment of a responsible operations manager or deputy only if the person holds an operations manager’s certificate valid for the relevant cableway system under § 2. Extensive experience at another installation does not substitute for this requirement. Compare the scope of the certificate with the system of every cableway concerned.

The statutory assessment encompasses reliability and suitability. § 85 SeilbG refers to the regulation under § 82 Abs. 2 regarding detailed requirements and the recognition of earlier approvals. Specific recognition must be established if a person relies on an older document or if its scope remains unclear. A document heading does not demonstrate unrestricted entitlement for every system.

Under § 83 Abs. 1 SeilbG, the company must notify the authority of the appointment. This rule imposes a duty to notify, not a general requirement for prior approval of every appointment. The company must still satisfy the statutory conditions itself. Acceptance of a notification without objection does not replace a missing certificate or remedy an unlawful allocation of duties.

If the specified requirements are absent, the authority may prohibit an appointment by formal decision under § 81 Abs. 3 SeilbG. These requirements include appointment and duty arrangements, the appropriate certificate, limits on company officers taking over, and applicable regulatory requirements. Keep a clear record of the scope of appointment, the installations concerned, and the qualification documents for the authority’s assessment.

When the company removes an operations manager or deputy, § 81 Abs. 4 SeilbG requires it to notify the authority without delay. If doubts about reliability or suitability arise later, § 83 Abs. 2 requires the company to remove the person from the role immediately and to notify the authority. A replacement’s promise to join does not justify delaying these duties.

Removal from a particular role and revocation of the certificate are separate matters. § 83 Abs. 3 governs revocation at ministerial level. The company must address doubts about suitability and may not delay this response until the certificate is revoked. Document the grounds, timing, role affected, and measures taken to secure safe operation.

§ 81 Abs. 2 SeilbG allows a shared operations manager or deputy for several cableways. When drawing up the duty roster, the company must ensure that the manager on duty can reach the cableways from the relevant location within a reasonable time. Since the Act specifies no universal number of minutes, the actual staffing plan must reflect the distances, accessibility and the installations covered simultaneously.

§ 84 SeilbG imposes an additional restriction on management board members and managing directors: they must not regularly assume the duties of operations manager or deputy. An officer may temporarily take over these duties if they hold the required operations manager’s certificate, but holding a corporate office alone does not qualify them. Record the start date, end date, and replacement arrangements for temporary cover instead of treating a permanent arrangement as repeated assistance.

Establish who will serve in which role for each installation before the next operating period begins. Verify that appointments, certificates, deputy arrangements, and the duty roster comply with the operating rules. As long as that allocation remains unresolved, the mere availability of employees provides no sound basis for carrying passengers. Address any missing suitable operational management before operation continues.

Company officers retain their responsibility even when appointing an operations manager under § 81 Abs. 1 SeilbG, so company management must arrange the staffing solution and keep the supporting records available. Legal advice can bring together the scope of appointment, notifications and a permissible interim arrangement, while technical suitability assessments and the installation’s operating rules remain separate requirements.