Railway-Aptitude And Examination Regulation - Eisbepv

Original Language Title: Eisenbahn-Eignungs- und Prüfungsverordnung - EisbEPV

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31. Regulation of the Federal Minister of Transport, Innovation and Technology on the suitability, training, examination, further training and practical exercise of qualified activities of railway staff (Railway Fitness and Examination Regulation) EisbEPV)

Due to § § 19 (4), 21c and 30 of the Railways Act 1957, BGBl. N ° 60, as last amended by BGBl. I No 50/2012, shall be arranged:

table of contents

Type/Clause

Object/Label

Section 1
General

§ 1.

Scope

§ 2.

Suitability

§ 3.

Minimum age

§ 4.

Physical fitness

§ 5.

Mental aptitude

§ 6.

Reliability

§ 7.

Training principles

§ 8.

Expertise

§ 9.

Completion of training

§ 10.

Attendance Confirmation

§ 11.

Checks

§ 12.

Conduct of the audit

§ 13.

Certificate

§ 14.

First aid and life-saving emergency measures

§ 15.

Practical exercise

§ 16.

Training

§ 17.

Common rules on authorisations, cards and certificates

§ 18.

Permission Card

§ 19.

Badge

§ 20.

Certificate

§ 21.

Evidence

§ 22.

Register

Section 2
Special training

§ 23.

Operational Service

§ 24.

Securing rail crossings

§ 25.

Operational coordination

§ 26.

Operational Assistance

§ 27.

Driver Service Assistance

§ 28.

Driving Service

§ 29.

Vehicle Backup

§ 30.

Brake test

§ 31.

Travel Preparation

§ 32.

Disappearing

§ 33.

Abuilding

§ 34.

Underlying

§ 35.

Train accompaniment

§ 36.

Loading Control

§ 37.

Vehicle control

§ 38.

Vehicle service

§ 39.

Railway Supervisory Body

§ 40.

Operating Line

Section 3
Training facilities

§ 41.

Organization of training facilities

§ 42.

Teacher

§ 43.

Permit application

§ 44.

Approval as training facility

Section 4
Expert Auditor

§ 45.

Requirements

§ 46.

Application

§ 47.

Order for expert reviewer

§ 48.

List of expert auditors

§ 49.

Duties of experts in the field of expertise

Section 5
Final provisions

§ 50.

Recognition of completed training

§ 51.

Transitional provisions

§ 52.

Relationship with other legislation

§ 53.

entry into force

Section 1

General

Scope

§ 1. (1) This Regulation shall apply to main and networked secondary railways within the meaning of Section 1 of the Railway Act 1957-EisbG, BGBl. N ° 60, as last amended by BGBl. I No 124/2011.

(2) This Regulation regulates the training and suitability of the following qualified railway and vehicle service activities:

1.

operational service;

2.

Securing rail crossings;

3.

operational coordination;

4.

operational assistance;

5.

Driving service assistance;

6.

Driving service;

7.

vehicle safety;

8.

brake test;

9.

Preparation of the journey;

10.

Disappearing

11.

simplified postponing;

12.

Abuilding

13.

simplified closure of the system;

14.

the base;

15.

Train accompaniment;

16.

Loading control;

17.

vehicle control;

18.

vehicle service;

19.

Vehicle service for all freight wagons;

20.

Vehicle service for all freight wagons, passenger coaches and railcars;

21.

Railway supervisory body;

22.

Management.

(3) Where designations relating to natural persons in this Regulation are referred to only in a male or female form, they shall refer to women and men in the same way. In the application of the name to certain natural persons, in particular in evidence of formal qualifications, confirmations of equivalence, certificates, certificates and certificates, the gender-specific form shall be used.

Suitability

§ 2. (1) The necessary aptitude for a qualified activity shall be determined by:

1.

minimum age;

2.

physical and mental aptitude;

3.

reliability;

4.

sufficient knowledge of the German language;

5.

General knowledge of the subject;

6.

Vehicle and infrastructure-related expertise;

7.

practical exercise;

8.

Training.

(2) A qualified activity may only be carried out if a certificate has been issued by the railway undertaking.

(3) Before issuing an attestation and thereafter at least annually, it is necessary to verify the existence of the suitability of the railway undertaking.

Minimum age

§ 3. (1) Qualified activities may only be carried out by persons who are at least 18 years of age.

(2) (1) does not apply to persons in training who are active under the supervision of a suitable person, and to entering the danger area, if accompanied by a suitable person, and by means of operational measures in the Individual cases of safety are guaranteed.

Physical fitness

§ 4. (1) Qualified activities may only be carried out by persons who are physically suitable for the activity in question. Teachers and railway inspecting bodies must have physical fitness if they enter the danger area.

(2) The physical aptitude is to be demonstrated before the beginning of the training and before the performance of a qualified activity by a confirmation of a occupational health professional or a occupational health professional. This investigation has to be carried out up to the age of 60. After five years at the latest, shall be repeated at the latest after two years, provided that no shorter period is fixed in the confirmation. Stricter health requirements according to other provisions will not be affected by this.

(3) An investigation according to paragraph 2 is not required if, within the given time limits, a medical opinion according to § 8 of the German driving licence Act-FSG, BGBl. I No 120/1997. , the opinion comes to the conclusion that the person in question for the steering of a motor vehicle of Group 2 pursuant to § 1 (1) Z 9 of the German Code of Health Ordinance-FSG-GV, BGBl. II. No 322/1997, and for persons who have to pay attention to colour signals in their activities, a sufficient colour distinguishing capacity is also demonstrated.

(4) If there are reasonable doubts as to the continued existence of the suitability, in particular after serious illness, a person may only carry out qualified activities if their suitability has been re-established by an expert opinion in accordance with paragraph 2 or 3.

(5) Where the medical opinion makes the physical fitness for qualified activities subject to the performance of certain conditions, those conditions shall be fulfilled in the course of the pursuit of qualified activities.

Mental aptitude

§ 5. (1) Qualified activities may only be carried out by persons who are mentally suitable for the activity in question.

(2) For Persons,

1.

who are to act as managers, as railway supervisors or in the field of driving services;

2.

that have failed more than three times a test by an expert examiner on the same subject,

the mental aptitude must be demonstrated by an expert opinion of clinical psychologists or health psychologists who are trained in this way and have a certificate.

(3) If there are reasonable doubts about the existence of the intellectual aptitude due to the conduct, a person may carry out qualified activities only if their suitability has been determined by an expert opinion in accordance with paragraph 2.

Reliability

§ 6. (1) Qualified activities may only be carried out by persons who are reliable for the activity in question.

(2) A person shall be deemed to be reliable if it is not necessary to assume, on the basis of proven facts and their value, that, by reason of their sense of meaning in the exercise of a qualified activity, they shall be subject to the safety of the railway operations or of the railway undertaking. Rail transport will be jeopardised.

(3) Prior to the start of operations as manager, railway supervisor or in the driving service, the reliability shall be accompanied by a certificate of criminal records, in the case of persons who have so far been resident in another Member State of the European Union. Union, in another Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation, a corresponding confirmation by the competent authorities of the State concerned, as well as by a declaration in accordance with § 15a Z 4 EisbG.

(4) As a specific fact within the meaning of paragraph 2, it shall apply in particular to the case where a person

1.

has been sentenced by a court to a custodial sentence exceeding three months, or to a fine of more than 180 daily rates, as long as the conviction is neither repaid nor subject to the restriction of the information from the criminal record;

2.

it has failed to provide or obtain the necessary assistance to a person injured in the operation of the railway, in the operation of rail vehicles on the railways and in transport on the railway in his or her area of activity;

3.

Has repeatedly qualified activities in railway operations, although the suitability for this is not available, for example, without the existence of a required valid confirmation pursuant to § 4 (2) or without compliance with the conditions laid down in § 4 (5);

4.

to be used as an operating manager against which a legally binding criminal knowledge of serious infringements of traffic regulations, in particular the Railway Act 1957, the Dangerous Goods Transport Act and the Animal Transport Act It has been adopted in 2007, in respect of labour and social law obligations or against obligations under the law on workers ' rights.

Training principles

§ 7. (1) The teaching of the required general expertise, as well as the technical knowledge of infrastructure and vehicle for the activities defined in the second section, may only be carried out in training facilities approved in accordance with Section 21c (4) EisbG. ,

(2) In view of the requirements relating to safety and order and the requirements of the operation of a railway, the operation of rolling stock on a railway and the transport of railways, the training institution has the same for the To provide the necessary theoretical and practical knowledge in the exercise of the activity.

(3) The training must provide the necessary knowledge in an interdisciplinary way. It has the task of enabling the trainees to carry out their tasks to meet the requirements of safety and order and the requirements of the operation of railways, the operation of rail vehicles on railways and the transport of railways accordingly.

(4) The training has to satisfy the highest possible quality standards. The following quality criteria must be met:

1.

The training must be in practice and application-oriented.

2.

The training must be based on a coherent overall concept.

3.

The training must take place in a targeted way.

4.

The training must meet modern methodological and didactical requirements.

5.

Learning controls need to be oriented towards learning objectives.

(5) During the course of the training, the progress of the learning process must be checked by appropriate learning controls.

(6) A teaching unit shall comprise 50 minutes.

(7) The teaching units are for the presentation of the substance, for practice-oriented case studies, exercises on demonstration objects or simulators, excursions, practical training, deepening of the mediated substance and for the exam preparation .

(8) The details of the training are to be defined by the training facility in curricula which are to be handed over to the persons to be trained.

Expertise

§ 8. (1) The general expertise shall include all the expertise required in general and irrespective of the infrastructure and vehicles used to carry out a qualified activity.

(2) The training for the acquisition of necessary infrastructure and vehicle related expertise shall include:

1.

Infrastructure-related expertise

a)

for those railways or parts of railways which are to be identified in the certificate,

b)

parts of the safety management system of the railway undertaking which are relevant to qualified activities and which shall issue the certificate.

c)

for those railway and railway equipment or parts thereof to be included in the certificate,

2.

vehicle-related expertise for those rail vehicles or parts thereof, which are to be identified in the certificate.

(3) Operations managers can obtain the necessary infrastructure and vehicle-related expertise through self-study.

Completion of training

§ 9. A prerequisite for the completion of the training is the attendance of the participant in at least 80 per cent of the intended teaching units.

Attendance Confirmation

§ 10. (1) The successful completion of the training shall be issued with a certificate of attendance, which shall be issued by the head of the training institution, the head of the training course or the teacher who has the training alone. has been carried out. In the case of a blockwise implementation of the training, attendance confirmations about participation in the individual training sections can be issued.

(2) In any case, the confirmation of participation must be recorded:

1.

the name and date of birth of the participant;

2.

Company and identification number of the training institution;

3.

Date of start and end of training (section of training);

4.

the type of qualified activity and whether general, infrastructure-related or vehicle-related expertise has been imparted;

5.

Indication of the technical knowledge of infrastructure or vehicle related to the vehicle;

6.

Teaching units provided and completed, broken down by type of qualified activity;

7.

the names of the teaching staff employed for the training;

8.

the serial number of the certificate of attendance.

(3) The serial number of the certificate of participation must be issued by the training institution and shall be made up of the identification number of the training facility, the annual number and the ordinal number, which begins annually with 1 and is consecutively numbered. The allocation of numbers of numbers to individual organizational units is permitted.

(4) The training facility shall have the participation confirmation to be followed by the participants within one week from the end of the training and to record the data referred to in paragraph 2 in their register.

Checks

§ 11. (1) Before the start of the examination, the expert examiner has to convince himself of the identity of the person to be examined and, on the confirmation of attendance, to document the start of the examination by introducing the date and the name of the expert examiner. The expert examiner must also check, on the basis of the confirmation of participation and the curriculum, whether the person to be examined shall, at least to the extent to which he/she is responsible for the examination, have the general knowledge required for the examination, at least to the extent that he or she is 3. In addition, the necessary training of infrastructure and vehicle-related expertise has been completed, as appropriate.

(2) The topics of an examination shall have the general knowledge, the necessary infrastructure and vehicle-related expertise, and the requirements for the security and order and the requirements of the operation of a Railway, the operation of rolling stock on a railway and the traffic on a railway, and shall be prepared by the expert auditor in their main trains before the examination.

(3) In the context of an examination of the extension of the technical knowledge of infrastructure and of the vehicle, general expertise shall be considered only as far as it is directly related to the review of the extended knowledge of infrastructure and vehicle. Infrastructure and vehicle-related expertise.

Conduct of the audit

§ 12. (1) The examination may only be carried out by a person who has been appointed by the Federal Minister for Transport, Innovation and Technology in accordance with § 21c EisbG (Federal Minister for Transport, Innovation and Technology) to the expert auditor. The expert auditor shall be present throughout the examination.

(2) In the case of oral, written and practical examinations, there shall be no grounds for doubt as to the unpartiality of the examiner.

(3) The oral examination of a person shall take at least 15 minutes for each item of examination and shall, in principle, be terminated after 20 minutes.

(4) The tasks of a written or practical examination shall be submitted in such a way as to enable them to be solved in a general rule in 60 minutes. The test is to be complete after 80 minutes.

(5) In the case of practical tests, the tasks to be carried out, the approved aids and the equipment and equipment to be drawn up shall be notified immediately before the start of the examination and shall be made available during the examination.

(6) Written and practical tests can also be carried out with support for automation.

(7) The person under consideration has passed the examination if, on the basis of the results of the examination, it can be assumed that the person under consideration, taking into account the duties, may be considered to have the expertise required for the activity, and the has knowledge of the German language required for the performance of the tasks.

Certificate

§ 13. (1) At the end of the examination, the expert examiner must issue a written certificate and make a document.

(2) The testimony shall be recorded:

1.

the name and date of birth of the person under consideration;

2.

the name and identification number of the expert examiner;

3.

the subject-matter of the examination, including any rewriting of the infrastructure or vehicle-related expertise that has been verified;

4.

the date of the examination;

5.

Audit result;

6.

Serial number of the certificate.

(3) In conclusion, a certificate shall indicate the professional competence by indicating whether the person under consideration has "passed" or "failed" the examination. If the examination has not been passed, the reasons for this shall be briefly explained.

(4) The serial number shall be assigned by the expert examiner and shall be made up of the identification number of the expert examiner, the annual number and the ordinal number, which shall start annually with 1 and be numbered consecutively.

(5) The certificate form shall be made available to the expert examiner by the Federal Minister of Transport, Innovation and Technology in electronic form.

(6) The expert examiner shall, within a week from the conclusion of the examination of the person under consideration, follow the certificate and enter the data referred to in paragraph 2 above in his register.

First aid and life-saving emergency measures

§ 14. (1) Rail staff carrying or accompanying passenger trains must be trained in the performance of first aid. All other railway staff must be subject to emergency lifesaving measures.

(2) The proof of the training for the performance First aid is provided by a domestic, right-existing steering authority for motor vehicles of class D according to § 2 of the German driving licence act (FSG), Federal Law Gazette (BGBl). I n ° 120/1997, a steering authority treated in accordance with Section 1 (4) of the FSG or by a corresponding certificate of one of the institutions designated pursuant to Section 3 (3) of the FSG, in which the training was carried out.

(3) Proof of the instruction in life-saving emergency measures shall be determined by a domestic one, after 1. In accordance with § 2 of the German FSG (FSG), January 1973 issued and rightly existing steering authority for motor vehicles, a steering authority equivalent to § 1 sec. 4 FSG, or a corresponding certificate issued by an institution pursuant to paragraph 2.

Practical exercise

§ 15. (1) In order to maintain the suitability of qualified activities, the practical exercise of such activities shall be necessary after completion of the training.

(2) Insofar as the practical exercise of a qualified activity, excluding service, has not been started within one year from the date of the examination, or has been interrupted for more than one year, the infrastructure and vehicle-related activities shall be: To refresh professional knowledge and to prove it through an examination by an expert examiner. The railway undertaking shall set shorter time limits for specific, qualified activities requiring particularly extensive expertise in infrastructure and vehicle related expertise.

The railway undertaking shall keep records of the practical pursuit of qualified activities by railway staff in such a way as to demonstrate the need for practical exercise in accordance with paragraph 2.

Training

§ 16. (1) In order to maintain the suitability for qualified activities, further training in training facilities is required after completion of the training.

(2) The railway undertaking shall arrange for further training before any changes to the general, infrastructure or vehicle-related framework conditions occur or in so far as further training is required to maintain the qualification of the railway undertakings. Railway staff is required. If measures are taken as a result of danger in delay, the necessary further training, going beyond the immediate comprehensive information, will be deepened in the next training.

(3) The railway undertakings shall keep records of the continuing training.

Common rules on authorisations, cards and certificates

§ 17. (1) Railway undertakings shall issue railway officials with the proposed permits, certificates and certificates prior to the admission of a qualified activity.

(2) In the event of circumstances requiring a change in the data printed on the authorisation card, the identity card or the certificate, these are to be drawn up and re-issued.

(3) licences, certificates and certificates shall be drawn up by the railway undertaking if the conditions of the exhibition are no longer fulfilled.

(4) licences, certificates and certificates shall be issued by railway staff during the performance of their duties, shall be required by railway inspectorates and authorities at the request of the authorities and, in the cases referred to in paragraph 2 and 3, shall be required to: Railway undertakings to be returned.

Permission Card

§ 18. (1) The railway undertaking shall issue an authorisation card in accordance with Section 47 (1) of the EisbG (EisbG) to suitable railway staff. An identity card according to § 19 is to be considered as a permit card.

(2) Type-approval cards can also be designed as double-sided printed plastic cards with a size of 5.4 cm x 8.5 cm with or without chipfunction.

(3) The validity of the authorisation card shall be limited to a maximum of ten years.

(4) The authorisation card shall contain at least the following data:

1.

the name of the railway undertaking;

2.

light image;

3.

'A card for railway staff';

4.

Academic degrees, pre- and family names or surnames;

5.

"Serial number" and the serial number of the ID card;

6.

The term "Valid until" and the date of validity of the ID card.

(5) The powers of the railway staff are to be indicated on the authorisation card as follows:

"This authorisation card entitles the holder to enter railway installations where this is absolutely necessary for railway staff to carry out their duties."

(6) The serial number shall be allocated by the railway undertaking and shall be made up of the annual number and the ordinal number, which shall be numbered 1 annually and shall be numbered consecutively. The allocation of numbers of numbers to individual organizational units is permitted.

(7) In addition, the further training of railway staff within the meaning of § 1 (2), completed by a successful examination, may also be recorded on a permit card by the application of the relevant figures. Training courses, which form a necessary condition for other completed training, are not to be taken into consideration.

(8) In justified cases, it may be appropriate to indicate, instead of the photograph in accordance with paragraph 4 (2), that the permit card is valid only in connection with an official photo ID. The validity of such a permit card shall be limited to a maximum of four weeks.

(9) The data referred to in paragraph 4 shall be stored in the register of the railway undertaking.

Badge

§ 19. (1) The railway undertaking shall issue an identity card to the railway inspecting authorities. The Board of Supervisors shall, upon the exercise of its powers, instruct the Board of Supervisors to exercise its powers upon request.

(2) It is possible to design plastic cards printed on both sides in a size of 5.4 cm × 8.5 cm. The card can be executed as a chip card.

(3) The validity of the badges shall be limited to a maximum of ten years.

(4) The card shall contain the following data on the front side (picture page):

1.

the name of the railway undertaking;

2.

light image;

3.

' railway supervisory board ' shall be used;

4.

Academic degrees, pre- and family names or surnames;

5.

"Serial number" and the serial number of the ID card;

6.

The term "Valid until" and the date of validity of the ID card.

(5) The powers of the railway inspecting bodies shall be indicated on the back of the card as follows:

" The powers of the railway supervisory bodies in accordance with Section 30 of the Railway Act 1957 (EisbG), BGBl. 60:

-

monitoring of the behaviour of persons in relation to railway installations of a public railway, rail vehicles operated on public railways and on a public railway;

-

Monitoring of the order in the stations of the station;

-

monitoring the behaviour of rail operators of railway undertakings operating in the rail sector;

-

the issuing of official instructions to the end of the railway service;

-

Arrest of persons who enter it in the event of an administrative surrender pursuant to Sections 43 (1), 46, 47 (1) and 47b of the EisbG (EisbG) in the event of a fresh act, provided that the other requirements of Section 35 of the Administrative Code Act 1991 (VStG), BGBl. No 52. "

(6) The serial number shall be allocated by the railway undertaking and shall be made up of the annual number and the ordinal number, which shall be numbered 1 annually and shall be numbered consecutively. The allocation of numbers of numbers to individual organizational units is permitted.

(7) In addition, the further training of the railway staff member within the meaning of section 1 (2) may also be recorded on the back of an ID card by the application of the relevant figures. Training courses, which form a necessary condition for other completed training, are not to be taken into consideration.

(8) The data referred to in paragraph 4 shall be stored in the register of the railway undertaking.

Certificate

§ 20. (1) certificates issued by railway undertakings shall be issued, showing that:

1.

for which qualified activities,

2.

on which railroads or parts thereof,

3.

for which railway installations or parts thereof, and

4.

for which rail vehicles and other operating equipment or parts thereof

Railway staff are suitable for their training, further training, passed examinations and practicable practice. The certificate must also be issued by the issuing railway undertaking, the holder of the certificate, any restrictions and conditions, the date of validity of the certificate and the serial number.

(2) The serial number shall be allocated by the railway undertaking and shall be made up of the annual number and the ordinal number, which shall be numbered 1 annually and shall be numbered consecutively. The allocation of numbers of numbers to individual organizational units is permitted.

(3) The validity of the certificate shall be limited to a period of ten years.

(4) The certificate shall be valid only in connection with a permit, an ID according to § 19 or an official photo ID, provided that the certificate and the permit card are not issued as a joint document.

(5) The data referred to in paragraph 1 shall be stored in the register of the railway undertaking.

Evidence

§ 21. The railway undertaking shall, at the request of the railway operator and upon completion of the activity for the railway undertaking, have all the certificates which certify their training, qualifications, professional experience and professional qualifications, and to follow a copy of the last certificate free of charge within one week.

Register

§ 22. (1) Confirmations of training facilities, testimonies of experts N Examiners, permission cards, badges and certificates are to be documented in registers.

(2) The entries in the register and the records otherwise required shall be carried out in full, correct, timely and orderly manner.

(3) An entry or record in a register shall not be altered in such a way as to ensure that the original content is no longer detectable. Nor can any uncertainty arise as a result of a change as to whether an entry or record was originally made or was made at a later date.

(4) If a register is kept electronically, the content-identical, complete and orderly reproduction must be guaranteed at all times.

Section 2

Special training

Operational Service

§ 23. (1) Only in the case of the suitability for this purpose may be exercised.

1.

the entry of railway installations, with the exception of the bodies designated for this purpose;

2.

the distribution of operational information in the service;

3.

the surveillance of railway intersections by bracts;

4.

the pursuit of activities related to emergency management;

(2) By way of derogation from paragraph 1 (1) (1), railway installations may also be entered if they are accompanied on a case-by-case basis or in the context of the training of trained railway staff and, by means of additional operational measures, a safe Entering is guaranteed.

(3) The activity of the "Operations Service" shall consist essentially of:

1.

activities on and in railway installations;

2.

the telephone, oral and written communication with other staff working in railway operations and rail transport;

3.

the watchmaking of railway intersections by bracts

4.

the taking of activities in emergency management on order;

5.

the operational reporting of perceived irregularities.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge to the extent required by at least 8 teaching units:

1.

Basic knowledge of railway-specific terms (meaning of signals, basic rules of operational communication, design of railway and track systems);

2.

Basic information on train journey and transfer;

3.

Safe and self-responsible behaviour in the danger area, protective equipment;

4.

Guarding of railway intersections by bracings:

a)

signal means;

b)

Drawing;

c)

Monitoring process (beginning and end).

(5) The training period referred to in paragraph 4 may be counted as a completed training under the Workers ' Protection Act, which provides the expertise referred to in paragraph 4 (1) to (3), to the extent of not more than six units of instruction.

(6) An oral examination of the general technical knowledge must be taken within one year from the end of the training. The oral examination shall not apply if, within the time-limit, an oral examination for another training, which is based on "service service", is successfully filed and the general knowledge required for operational service in the case of this Consideration shall be given.

(7) Before carrying out an activity as referred to in paragraph 1, it is also necessary to refer to the local conditions.

Securing rail crossings

§ 24. (1) The securing of railway crossings may only be carried out in the presence of the appropriate suitability for this purpose.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The role of the activities of "securing railway crossings" consists essentially of the securing of railway crossings by means of surveillance or the monitoring of railway crossings in the event of a fault and, if necessary, with that the interrelated operation of security installations in securing railway crossings by means of surveillance or the surveillance of railway crossings in the event of a fault;

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge to the extent required by at least 8 teaching units:

1.

General principles

a)

railway lines, block points, train stations, direction;

b)

Tracks, track and track names;

c)

Track-change operation, direction operation, vehicles;

d)

Staff, understanding, train number, timetables;

2.

Operational provisions relating to radio and telephone equipment

a)

Types of understanding;

b)

Handling of the call;

3.

Securing of railway crossings by means of surveillance or surveillance of railway crossings in the event of a fault

a)

signal means and service remedies;

b)

Registration, logout;

c)

Carry out operational documentation;

d)

Drawing;

e)

Guarding process (beginning and end).

4.

Operational Management

a)

Registration procedure-Advance notification;

b)

totally disrupted understanding,

c)

Completeness of the train/minor journeys,

d)

Train observation;

(5) Within one year from the end of the training, an oral and a practical examination of the general and infrastructure-related expertise shall be laid down.

Operational coordination

§ 25. (1) The coordination of operational measures for the protection of railway operations prior to work may only be carried out in the presence of the appropriate suitability for this purpose.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The role of the activity "operational coordination" shall consist essentially of:

1.

the reporting of work and the reporting of work;

2.

the coordination of operational measures for the protection of railway operations.

(4) In the light of the scope of the tasks mentioned above, the training institution shall have the following general knowledge of at least the required level of expertise. 32 Teaching units to mediate:

1.

General rules of operational management and rules for operational management when working in the track area;

2.

Designations (eg tracks, platforms, signals, switches);

3.

In-depth knowledge of operational communications and means of communication;

4.

signals;

5.

Basics of operational and emergency management.

(5) The training period referred to in paragraph 4 may be based on a completed training for security supervision in accordance with § 49 of the German Railway Workers ' Protection Regulation (BGBl). II No 384/1999, as last amended by the BGBl Regulation. II No 215/2012, in the total amount of 24 units of instruction.

(6) Within one year from the end of the training, an oral and a practical examination of the general and infrastructure-related expertise shall be laid down.

Operational Assistance

§ 26. (1) The implementation of operational activities in the field of emergency management on behalf of the driving service and the self-execution of other operational activities on behalf of or in support of the driver's management and Driving service assistance may only be exercised if the appropriate suitability is available for this purpose.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The role of the activity "operational assistance" comprises essentially:

1.

the regulation of measures in the field of emergency management;

2.

the telephone, oral and written communication with other staff working in railway operations and rail transport;

3.

the measures to be taken in the event of the detection of irregularities and deficiencies in rail vehicles;

4.

the relocations and the securing of the course;

5.

the transmission of signals.

(4) In the light of the scope of the tasks mentioned above, the training institution shall provide the following general knowledge of the necessary extent by at least 100 units of instruction:

1.

the basic rules of operational management;

2.

signals;

3.

safety of the railway users;

4.

Operational communications (radio and telephone communications);

5.

Operating technology, in particular:

a)

the relocations and the securing of the course;

b)

the operation of operational information systems;

c)

the actuation of switches and the application of earthing devices by order;

6.

Special knowledge relating to the processing of operations, in particular:

a)

Train observation, train connection and completeness report;

b)

-changes in train traffic;

c)

Agreement on the trains, written orders on behalf of trains;

d)

Check for clearance of track sections and switches;

e)

the installation of the holding point and the holding disc;

f)

the receipt and re-reporting of train data;

g)

Obtaining conformation information;

7.

basic principles relating to the preparation of journeys and the transport of dangerous goods;

8.

Basics of operational and emergency management;

9.

Basic concepts for superstructure and web flow.

(5) Within one year from the end of the training, an oral and a written examination of the general and infrastructure-related expertise shall be laid down.

Driver Service Assistance

§ 27. (1) The operation of interlocking and railway safety systems, the control or management of anceshals in the train station and the carriage of the train may only be carried out if the appropriate suitability for this purpose is available.

(2) This appropriateness requires the suitability for "operating assistance".

(3) The activity of the "Driving Service Assistance" activity consists essentially of:

1.

the operation of railway safety installations and railway crossing safety systems in the event of a rule and a fault;

2.

the handling of the supply of drawers;

3.

the handling of secondary journeys at the station;

4.

the implementation of measures to ensure the safety of the rail users;

5.

the implementation of measures for the safety of workers in the danger area.

(4) In the light of the scope of the tasks mentioned above, the training institution shall provide the following general technical knowledge to the extent required by at least 130 teaching units:

1.

Operational terms and provisions relating to the safe handling of journeys;

2.

signals related to journeys;

3.

protective measures in respect of activities in the danger area;

4.

Road-road testing;

5.

train reporting procedures;

6.

Special knowledge of operational management, in particular provisions on

a)

Track-change operation;

b)

construction track;

c)

measures in the case of disturbed railway crossing safety systems;

d)

exceptional consignments;

e)

local rules;

7.

Special operating cases;

8.

operational management;

9.

the fundamentals of the security service;

10.

Fundamentals of braking technology.

(5) Within one year from the end of the training, an oral and a practical examination of the general and infrastructure-related expertise shall be laid down.

Driving Service

§ 28. (1) The regulation of journeys may only be exercised in the presence of the appropriate suitability for this purpose.

(2) This suitability presupposeth the suitability of "fare service assistance".

(3) The role of the "Driving Service" activity consists essentially of:

1.

the handling of journeys;

2.

the arrangement of operational measures in emergency management.

(4) In the light of the scope of the tasks mentioned above, the training institution shall provide the following general technical knowledge to the extent required by at least 124 teaching units:

1.

Supplementary operational provisions relating to the safe handling of journeys;

2.

Supplementary operational provisions relating to journeys, in particular provisions relating to:

a)

exceptional consignments;

b)

journey-related commands;

c)

Readiness for departure;

3.

Special operating cases (eg track locks);

4.

Supplementary provisions on management (e.g. deviation and malfunction management, emergency management, emergency coordination and the tasks of the driver's management);

5.

Protective measures when entering the hazard area of tracks, including through third parties and protective measures related to the flow of the railway (earth and safety distance);

6.

knowledge of dangerous goods;

7.

Importance and handling of local rules.

(5) Within one year from the end of the training, an oral and a practical examination of the general and infrastructure-related expertise shall be laid down.

Vehicle Backup

§ 29. (1) The unsafe, coupling and securing of vehicles shall be exercised only by means of appropriate rail staff.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The activity of the "Vehicle Safety" activity consists essentially of the unsafe, coupling and securing of vehicles.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general knowledge of the required extent by at least 12 teaching units:

1.

Signals for the displacement service;

2.

signal transmission;

3.

coupling process and the basic features of couplings;

4.

vehicle safety;

5.

Accident prevention.

(5) Within one year from the end of the training, a practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Brake test

§ 30. (1) The brake test may only be carried out by means of appropriate railway staff.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The role of the "Brake Probes" activity consists essentially of the operation, verification and reporting of the function and condition of the brakes.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge to the extent required by at least 20 teaching units:

1.

the function of the brake (braking equipment of the vehicles);

2.

the application of the brake test (in-and out-of-operation of the brake, testing of the brake and the required extent of the brake test);

3.

Signals.

(5) Within one year from the end of the training, a practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Travel Preparation

§ 31. (1) The recording of the journey data and the drawing up of the operating railway documents may only be carried out by means of appropriate railway staff.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The role of the activity "road preparation" shall consist essentially of:

1.

the data collection of vehicles, trains and side-by-side data;

2.

the manipulation of operational towing documents;

3.

the telephone, oral and written communication with other staff working in railway operations and rail transport;

4.

the preparation of train and side trips.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general knowledge of the required extent by at least 60 teaching units:

1.

Relevant operational terms and procedures;

2.

Collection of train and driving data;

3.

operational documents (e.g. loads, train length, braking dimensions);

4.

Braking calculation;

5.

Addresses to vehicles;

6.

Communications in the operational service and in-company communication.

(5) Within one year from the end of the training, a practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Disappearing

§ 32. (1) The implementation of the displacement and the operation of the course may only be carried out by means of appropriate railway staff.

(2) This suitability requires the suitability for "vehicle safety".

(3) The role of the activity 'postponing' shall include:

1.

the activities of the postponing;

2.

the telephone, oral and written communication with other staff working in railway operations and rail transport;

3.

the notification of irregularities and deficiencies in driving equipment,

4.

the transmission of signals;

5.

the use of switches and other stationary technical equipment (e.g. brake systems, pre-heating systems, load-bearing switches).

(4) In the light of the scope of the tasks mentioned above, the training institution must provide the following general knowledge of at least 80 teaching units:

1.

Relevant operational terms and procedures;

2.

communication equipment in the operational service and in-company communications;

3.

signals;

4.

signal transmission;

5.

radio in the operating service;

6.

vehicle technology;

7.

Safety technology;

8.

Processing and processing of operations;

9.

Registration and completeness reporting,

10.

Train observation;

11.

Electrical service;

12.

Accident prevention.

(5) If the activity is to be carried out on the performance of the movement of railcars and single-use propulsion vehicles with a step-by-step speed, including the journey from and to the nearest main signal in the nearest railway station and the Restricted use of local switches (simplified postponing), it is sufficient if the suitability for service is available and the training facility, taking into account this restricted area of responsibility, is the general knowledge of the subject pursuant to section 4 (1) to (5) and (12) to the extent required by at least Teaching units are taught.

(6) Within one year from the end of the training, an oral and practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Abuilding

§ 33. (1) The management of the movement may only be carried out by appropriate railway staff, except in the case of assistance in the field of driving assistance.

(2) This suitability presupposeth the suitability for "deferrals".

(3) The role of the activity 'Closure' shall consist essentially of:

1.

the use of switches and overhead lines;

2.

the closure of the system;

3.

The implementation of school procedures also with special operational systems.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge to the extent required by at least 40 teaching units:

1.

Operational management;

2.

Treatment of special vehicles (e.g. vehicles for vehicles, cargo);

3.

operational documentation;

4.

Addresses on vehicles;

5.

Advanced knowledge of the performance of the school system;

6.

the issuing of instructions;

7.

Accident prevention.

(5) If the displacement is purely to a simplified postponing, only the suitability for "simplified postponing" shall be provided and it shall be sufficient if the training facility is taken into account in the light of this restricted tasks the general technical knowledge according to subsection 4 Z 1 to 7 is mediated by at least 8 units of instruction to the required extent.

(6) Within one year from the end of the training, an oral and a practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Underlying

§ 34. (1) Operational activities for the safety of railway users for the clearance of trains may be carried out only by means of appropriate railway staff.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The scope of the work "Zugräumung" comprises essentially the activities relating to the clearance of wagons or trains on behalf of or in an emergency, and the reporting of exceptional events.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge to the extent required by at least 8 teaching units:

1.

operational communications;

2.

An overview of vehicles to be transported;

3.

Overview of systems for the rescue of people;

4.

Emergency management.

(5) Within one year from the end of the training, a practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Train accompaniment

§ 35. (1) Operational activities accompanied by trains, except in connection with the grading, may only be carried out by appropriate railway staff.

(2) This suitability presupposeth the suitability for "grazing".

(3) The role of the 'train accompanying' activity is essentially the same as

1.

the control of the free movement of paths;

2.

the telephone, oral and written communication with other staff working in railway operations and rail transport;

3.

the measures to be taken in the event of the identification of irregularities and deficiencies in driving equipment;

4.

the transmission of signals;

5.

Activities related to emergency management;

6.

the implementation of measures for the safety of railway users in regular operations and in the event of disturbances and emergencies;

8.

the use of technical equipment of passenger rail vehicles in regular operation, as well as in the event of disturbances and emergencies;

9.

Communication with passengers and assistance for passengers.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge to the extent required by at least 20 teaching units:

1.

railway operation;

2.

signals and addresses;

3.

vehicle technology;

4.

operational documentation;

5.

operational communications;

6.

Safety technology;

7.

emergency management;

8.

passenger rights, transport conditions, timetables;

9.

Handling of passengers, in particular with persons with reduced mobility.

(5) Within one year from the end of the training, an oral and a practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Loading Control

§ 36. (1) The control of the cargo of driving equipment and driving equipment for damage caused by loading to obvious defects may only be carried out by appropriate railway staff.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The role of the "loading control" activity shall consist essentially of the treatment, identification and reporting of vehicles with obvious defects or damage resulting from loading.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge to the extent required by at least 24 teaching units:

1.

the treatment, labelling and reporting of vehicles with defects or damage resulting from loading;

2.

the basic structure and function of rail vehicles:

a)

Mechanical design, drive, underframe, bogie, frame;

b)

train and shock devices;

c)

Function of doors, flaps, openable roofs, closures, lighting;

3.

Publishing policies.

(5) Within one year from the end of the training, a practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Vehicle control

§ 37. (1) The control of driving equipment for obvious defects and irregularities and the arrangement of the resulting operational measures may be exercised only by means of appropriate railway staff.

(2) This appropriateness presupposeth the suitability for "operating service".

(3) The scope of the activity "Vehicle Control" shall comprise essentially the treatment, identification and reporting of vehicles with obvious defects or damage.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge to the extent required by at least 24 teaching units:

1.

the treatment, labelling and reporting of vehicles with defects or damage;

2.

the basic structure and function of rail vehicles:

a)

Mechanical design, drive, underframe, bogie, frame;

b)

train and shock devices;

c)

Function of doors, flaps, openable roofs, closures, windows, heating, lighting, air conditioners, sanitary facilities, fire extinguishers, safety devices.

(5) Within one year from the end of the training, a practical examination of the general, infrastructure and vehicle-related expertise shall be laid down.

Vehicle service

§ 38. (1) The technical treatment of vehicles (control and minor repairs and replacement of wear parts) on vehicles may only be carried out by appropriate railway staff.

(2) The suitability for "brake test", "loading control" and "vehicle control" as well as the successful completion of a technical study, a technically-oriented higher vocational school or a technical college or a technical college or a technical college or a technical university Vocational training. The suitability for "loading control" may be omitted for activities purely in the passenger transport sector, with the exception of the training provided for in paragraph 7.

(3) The role of the "Vehicle Service" activity shall consist essentially of:

1.

the carrying out of car-related treatments on rail vehicles,

2.

the assessment of the operational status of vehicles and cargoes,

3.

the introduction of the necessary measures;

4.

the documentation of the car-technical handling and repair of wagons.

(4) In the light of the scope of the tasks mentioned above, the training institution has to provide the following general technical knowledge with a minimum of 500 teaching units:

1.

Car-technical treatment (car-technical control);

2.

The structure and function of rail vehicles:

a)

Mechanical design, drive, underframe, bogie, frame;

b)

train and shock devices;

c)

Function of doors, flaps, openable roofs, shutters, windows, heating, lighting, air conditioning, sanitary facilities, safety equipment, fire extinguishers;

(5) Within one year from the end of the training, an oral, written and practical examination of the general and vehicle-related expertise shall be laid down.

(6) The expulsion in the certificate and the examination of professional knowledge relating to certain types of freight wagons relating to the vehicle shall be omitted if, in an additional training, the necessary general information is required in the training facility. Technical knowledge of vehicle technology has been imparted by at least 200 units of teaching, and an oral, practical and written examination has been submitted within one year from the end of this training.

(7) The expulsion in the certificate and the examination of vehicle-related expertise with regard to certain types of passenger coaches and railcars shall not be required if, in addition to the training provided for in paragraph 6, in the training facility in another The general technical knowledge required for this purpose has been taught by at least 270 teaching units and, within one year from the end of this training, an oral, practical and a have been written in writing.

Railway Supervisory Body

§ 39. (1) Only one person suitable for this purpose shall be appointed to a railway supervisory body in accordance with § 30 EisbG.

(2) The suitability of a training for "operational service" is required. The railway supervisory authority must also have the training required to assess the activity to be monitored.

(3) Taking into account the tasks of railway supervisors in accordance with § 30 EisbG, the training facility shall provide the following general technical knowledge to the required extent by 20 teaching units:

1.

Principles of essential legislation

a)

general principles (methods, legal systems, legal sources and authorities);

b)

Railway law, including accident investigation, rail transport and the right to transport dangerous goods;

c)

Compensation for damages and liability;

d)

criminal law and administrative criminal law;

2.

The procedure for the issuing of official orders and the arrest of persons.

(4) An oral examination of the general technical knowledge must be taken within one year from the end of the training.

(5) A railway supervisory body must acquire the necessary expertise on the essential elements of the safety management system, as well as the essential local particularities prior to the start of the activity.

(6) The certificate shall be accompanied by the railway lines and the qualified activities for which the railway supervisory body has been designated.

Operating Line

§ 40. (1) The activity of a manager in accordance with § 21 of the EisbG (including his deputy, manager responsible for technical responsibility and their representative in any case) may only be carried out by appropriate railway staff.

(2) This appropriateness presuppoes the suitability of the "Railway Board of Supervisors".

(3) Taking into account the tasks of the manager (Section 9 of the Railways Regulation 2003, BGBl. (209), to provide the following general technical knowledge to the extent necessary:

1.

Technical field of railway operation (at least 90 lessons):

a)

System-related basics of operating processes, system wheel/rail;

b)

operational staff;

c)

Passenger journeys;

d)

Non-passenger journeys;

e)

communication and documentation in the service sector;

f)

Supporting systems and procedures;

g)

accident management;

2.

Specialist area of safety technology (at least 40 units of instruction):

a)

Basic principles;

b)

Track-free reporting systems, bases of train control systems;

c)

Rail crossing safety systems;

d)

Route block installations;

e)

Stellwerke;

3.

Subject area of energy supply (at least 20 lessons):

a)

Function, design and circuitry of electrical railway systems;

b)

Work in railway power plants;

c)

Hazards due to web-current installations;

4.

Field of vehicle technology (at least 40 teaching units):

a)

Wagentechnik;

b)

Mechanical construction of rail vehicles;

c)

Construction and operation of electric and diesel engines;

d)

Service on motor vehicles;

e)

braking technology;

f)

maintenance of vehicles;

g)

Running technology and mechanics of traction control (vehicle dynamics);

h)

fire protection, sturgeon and emergency concepts;

i)

Pressure vessels on vehicles;

5.

Technical field of railway engineering (at least 40 teaching units):

a)

bridge construction;

b)

Oberbautechnik;

c)

Construction;

d)

trashing;

e)

Substructure, platforms;

f)

Transport planning;

g)

Construction planning;

6.

Subject area of legislation (at least 40 units of instruction):

a)

principles (methods, legal order, legal sources, general administrative law, administrative procedural law and authorities, etc.);

b)

Railway law (Railway Act 1957, including regulations, accident investigation, expropriation rights, railway transport legislation and international treaties);

c)

Workers ' rights protection law (principles of worker protection and the ASchG, as well as the regulations adopted for this purpose);

d)

other special administrative law;

e)

Compensation for damages and liability;

f)

Criminal law and administrative criminal law.

(4) The training referred to in paragraph 3 may be dispensed with in so far as the required general expertise was included in other previously completed trainings. This means that training is not required for the

1.

Technical field of railway operation in the event of suitability for "driving service management";

2.

Field of energy supply through the completion of an electrotechnical study or an electrical engineering education at a higher vocational school.

3.

Technical field Vehicle technology in the presence of suitability for "vehicle service" or by the conclusion of a mechanical engineering degree course or a mechanical engineering training at a higher vocational school;

4.

Technical field of railway engineering through the completion of a construction engineering degree or the completion of a construction engineering training at a higher vocational school;

5.

Subject area of legislation through the completion of a legal studies.

(5) In the course of one year from the end of the training, a written examination of the total substance and of oral examinations shall be carried out by means of the general technical knowledge.

1.

railway operation;

2.

Rail vehicle technology (technical areas of mechanical parts, safety technology, energy supply);

3.

Plant engineering (technical areas of safety technology, energy supply, railway construction technology);

4.

Legislation

,

(6) The operational manager must acquire the necessary knowledge of infrastructure and vehicle-related expertise to the extent necessary prior to the start of the activity.

Section 3

Training facilities

Organization of training facilities

§ 41. (1) The training institution shall be guided by an instructive force. The additional appointment of a lecturer for the management of courses is permitted.

(2) The training institution shall establish appropriate methods to ensure continuous compliance with the provisions of this Regulation.

(3) The training institution must have the necessary facilities and has to provide the trainee with appropriate teaching material for the training.

(4) The closer details of the training are to be defined by the management of the training facility in curricula. In the curriculum, the content of the training shall be recorded, indicating the duration of the training and the training method, as well as the necessary teaching staff, facilities and teaching materials.

(5) Before starting a course, it is necessary to examine, on the basis of the curriculum, whether all teachers, facilities and teaching materials required for training are available from the management of the training facility or the course.

(6) Records shall be kept on the course of the training.

Teacher

§ 42. (1) The teaching staff employed for the training must be knowledgeable in their fields of expertise and must also possess organisational and educational skills and receive them through ongoing training.

(2) Teachers in a training facility must have at least three years in a responsible position to carry out an activity which presupposeth the general, infrastructure and vehicle-related expertise to be mediated. The condition of the three-year activity can be omitted in connection with infrastructure or vehicle-related expertise, to the extent that:

1.

It is a specialist knowledge of new or upgraded lines or vehicles,

2.

the teaching force has been engaged in an activity of at least four years, which requires the appropriate general knowledge of the profession, and

3.

there is no teaching force available for these vehicle and infrastructure-related expertise.

(3) Teacher who provides general expertise in the fields of safety engineering, energy supply, vehicle technology, railway engineering or legislation for operations managers must study at a university, a university of applied sciences or a higher technical college, which provides basic knowledge of the particular field of study, and at least five years in the case of a local authority or a railway undertaking of a major or a major part of the territory of the country. Incidentally, there has been practical work on the side.

(4) For the vehicle technology subdivision of the training for "load control", "vehicle control" and "vehicle service", persons who comply with the requirements of paragraph 3 can also be used.

(5) Before the first-time self-implementation of a course, teachers in an educational institution must have supported another teacher during a course of training with comparable content in the course of their training.

Permit application

§ 43. (1) The approval for the operation of a training facility is to be submitted to the Federal Minister for Transport, Innovation and Technology.

(2) The first application for approval as an educational institution shall be submitted

1.

Information

a)

the qualified activities of general, infrastructure-related or vehicle-related expertise in education and training;

b)

on the organisation of the training facility, including methods of quality assurance;

c)

the facilities and teaching staff required for training purposes (e.g. premises, teaching materials, vehicles, simulators);

2.

the documents referred to in § 15a Z 2 to 7 EisbG.

(3) The evidence provided for in paragraph 2 (2) (2) shall not apply if the training facility is a railway undertaking with a safety authorisation or certificate.

(4) In the event of a request for re-approval or further training, the changes that have occurred must be made known in respect of the information provided pursuant to paragraphs 2 and 3.

Approval as training facility

§ 44. (1) The authorisation as a training institution shall be subject to the reservation of withdrawal by the authority.

(2) The authority shall assign a identification number to the training institution at the time of approval.

(3) The approval of a training institution shall be revoked in so far as the conditions for approval are no longer available.

(4) Training facilities shall immediately notify any changes to the data recorded in the directory of the Federal Minister of Transport, Innovation and Technology.

Section 4

Expert Auditor

Requirements

§ 45. (1) Expert examiners shall be reliable and particularly suitable for the respective assessment.

(2) The following conditions must be met for the appointment to the expert examiner for an examination subject:

1. (a)

general and, where appropriate, additional infrastructure and vehicle-related expertise;

b)

Knowledge of the duties of expert examiners;

2.

a 10-year professional activity, for which the required general knowledge or infrastructure or vehicle-related expertise is a prerequisite, in a responsible position; a five-year activity is sufficient if the Applicant/candidate

a)

has successfully completed a corresponding higher education degree or an apprenticeship at a vocational higher education institution or a higher technical teaching institution, or

b)

has been working as a teacher in a training facility for at least 26 weeks;

3.

full business capacity;

4.

physical and mental aptitude;

5.

reliability;

6.

organized economic conditions.

Application

§ 46. (1) The appointment to the expert examiner is to be requested by the Federal Minister for Transport, Innovation and Technology.

(2) The first application for appointment as a competent auditor shall be submitted:

1.

information on the intended examination subject, including the rewriting of the technical knowledge of the infrastructure or the vehicle;

2.

the documents referred to in § 15a Z 3 to 7 EisbG;

3.

information on the completed training;

4.

information on professional activity to date;

5.

a copy of the current or last valid certificate;

6.

Information to keep up-to-date information on general, infrastructure and vehicle related expertise.

(3) By way of derogation from paragraph 2, it is sufficient to specify the intended examination subject, if the suitability on the basis of the registration for a corresponding subject area is included in the list of experts as a generally applied and court-certified Experts shall be shown.

(4) In the case of an application for an extension of the order or inclusion of a further examination subject, the changes which have taken place must be disclosed in respect of the information provided pursuant to paragraphs 2 and 3.

Order for expert reviewer

§ 47. (1) The appointment to the expert auditor shall be made subject to the reservation by the Authority. The order and the registration in the list of experts and an extension shall be made for a limited period of five years.

(2) The auditor shall be assigned a identification number on the order.

(3) The appointment to the expert auditor shall be revoked if the conditions for placing an order have subsequently been omitted or the expert auditor has failed to fulfil obligations under this Regulation.

List of expert auditors

§ 48. In the list of expert examiners appointed, first names and family names or surnames, date of birth, occupation, address to be reached, subject to examination, as well as other data specified by the expert examiner, which are the subject of the examination, are: Make it easier to publish together with the time of ordering the order.

Duties of experts in the field of expertise

§ 49. (1) Expert examiners must keep up-to-date on changes in railway law and in general, infrastructure and vehicle related expertise, as well as technical and operational developments on the the railway sector, where they are relevant to the audit.

(2) Expert examiners shall carry out exams impartially, non-discriminatory and free of any pressure and incentive that could influence the conduct of the audit, the assessment or the outcome.

(3) Expert examiners shall immediately disclose any changes to the data of the Federal Minister for Transport, Innovation and Technology, recorded in the Directory.

Section 5

Final provisions

Recognition of completed training

§ 50. (1) A confirmation by an expert auditor that the content and scope of training and testing completed abroad is equivalent to the requirements laid down in this Regulation shall be replaced by the provisions laid down in this Regulation Confirmations and certificates. For such confirmations, the provisions relating to certificates shall apply mutagenly.

(2) If the proof referred to in paragraph 1 cannot be provided, but the training completed abroad has at least the content and the extent required by this Regulation, the foreign evidence on the training shall replace those required by the of the confirmations issued in this Regulation.

(3) By means of confirmations of an expert examiner, parts of already completed trainings for qualified activities can be recognized as far as these parts of the already completed training also form part of a further training. Training. Such confirmations shall replace the training periods laid down in this Regulation in the specified scope.

Transitional provisions

§ 51. (1) Prior to the entry into force of this Regulation, interprets issued in accordance with Section 38 (5) of the Railway Construction and Operating Ordinance-EisbBBV, BGBl. 398/2008, and pursuant to Section 30 (2) of the EisbG lose their validity no later than 24 months after the entry into force of this Regulation. Regulation and, as long as certificates and certificates are to be considered in accordance with this Regulation.

(2) Within 24 months of the entry into force of this Regulation, certificates may be issued without a certificate, if it has been established by the manager or an expert auditor that:

1.

the training and examinations completed before the entry into force of this Regulation, taking into account the later continuing training in terms of content and scope (general, infrastructure and vehicle-related expertise), meet the requirements of: of this Regulation, and

2.

the records show that:

a)

a person has completed these training and further training courses, and

b)

has passed the necessary tests and

c)

since then there has been a continuous practical use.

Such a certificate shall replace the confirmations and certificates issued in accordance with this Regulation.

(3) Experts from experts may, no later than 24 months after the date of entry into force of this Regulation, find that, before the date of entry into force of this Regulation, training shall be carried out, taking into account the internal business interests of the company. Further training shall be equivalent to the content and scope of the requirements laid down in this Regulation and a confirmation of participation issued under this Regulation shall not be required.

(4) With the examination of physical and mental aptitude, persons and bodies within the meaning of § 176 (7) second sentence of the EisbG may also be entrusted.

(5) In the case of persons who have already been active as managers, railway supervisors or in the driving service at the time of the entry into force of this Regulation, the continuation of the previous qualified activity does not require an opinion in accordance with § 5 (2).

Licences issued before the entry into force of this Regulation shall cease to be valid no later than 24 months after the date of entry into force of this Regulation and shall be kept as long as permits issued under this Regulation shall be kept in place.

(7) A regulatory approval of the appointment of a manager or his deputy of a principal or subsidiary railway no later than 12 months after the entry into force of this Regulation shall replace the training provided for in this Regulation. and examinations for the performance of the operations of an operator. The same applies to the competent managers appointed before the entry into force of this Regulation and their alternates within the limits of their previous competence.

(8) The self-employed conduct of a training course before the entry into force of this Regulation shall be consistent with the support of another teacher during a course of training.

Relationship with other legislation

§ 52. (1) § § 37 and 38 of the Railway Construction and Operating Ordinance-EisbBBV, BGBl. II No. 398/2008, as well as Section 13 (4) to (6) of the Railway Ordinance 2003-EisbVO 2003, BGBl. II No 209/2003, as last amended by BGBl. II No 398/2008, do not apply to the qualified activities regulated by this Regulation.

(2) The provisions of this Regulation shall not apply to train drivers after the 9. Part of the Railway Act, in so far as these qualified activities are directly related to the driving of traction vehicles, and where the necessary rail vehicle-related and infrastructure-related expertise is provided by the Certificate has been shown.

(3) This Regulation shall not affect other legislation on the necessary training.

entry into force

§ 53. This Regulation shall enter into force on 1 July 2013.

Bures