Amendment To The Railway Act Of 1957

Original Language Title: Änderung des Eisenbahngesetzes 1957

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997057/nderung-des-eisenbahngesetzes-1957.html

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137. Federal Act 1957 modifies the railways act

The National Council has decided:

The Railway Act 1957, Federal Law Gazette No. 60/1957, as last amended by the Federal Act Federal Law Gazette I no. 61/2015, is amended as follows:

1. paragraph 1b along with heading:

"Railway company

§ 1 b. A railway company is a railway company that provides rail services on the railway infrastructure of main lines or networked branch lines as well as ensures the traction, and this includes those providing only the traction, and the approval of a marketing authorisation, a transport licence or one of a marketing authorisation according to article 41 adjustment thereof or permit has been granted."

2. paragraph 1 d together with the heading:

"International grouping

section 1 d. An international grouping is the combination of two or more railway companies, whose registered office is situated, for the purpose of providing cross-border rail transport services in different States. These countries can be Member States of the European Union, parties of the agreement on the European economic area or the Swiss Confederation."

3. § 1 h including heading is as follows:

"Cross-border passenger rail service

§ 1 h. A cross-border passenger rail service is a rail transport service in which people with a train that crosses at least one border of a Member State of the European Union or a party to the agreement on the European economic area, are promoted and whose Hauptzweck is the carriage of passengers between stations in the different Member States of the European Union and parties to the agreement on the European economic area; the train can be used together and/or separately, and the different parts of the train may have different origins and destinations, provided that all rail vehicles crossing at least one border."

4. in article 2, the word "Rail services" is replaced by the word "Rail services".

5. in article 10, the word "Railway infrastructure" is replaced by the word "Railway infrastructure".

6 paragraph 10a together with the heading:

"Railway infrastructure

Article 10a. Railway infrastructure includes the plants in annex I to the directive 2012/34/EC establishing a single European railway area, OJ No. L 343 of the 14.12.2012, S. 32, stated are."

7. in the section 12, paragraph 1, introductory part and section 12 paragraph 2 becomes part of introduction the phrase "or the regulatory authorities" by the phrase ", the rail Control Commission or the rail infrastructure services company mbH" replaced.

8. in § 13 para 3, the word "Railway infrastructure" is replaced by the word "Railway infrastructure". 

9. in article 13, paragraph 4 is outline named (7); following paragraph 4 to 6 shall be inserted after paragraph 3:

"(4) the Federal Minister for transport, innovation and technology together with the rail Control Commission arrangements, has a relevant exchange of information and relevant cooperation in matters of competition on the rail transport market and regulatory to perceptual matters pertaining to the security of the operation of railways, the operation of rail vehicles on railways and transport on railways to allow;" This is for the purpose to avoid impairment of competition in the rail transport market and of ensuring safety operation of railways, the operation of rolling stock on the railway and of traffic on the railway, which could occur during the administrative enforcement of this federal law, as far as possible.

(5) upcoming decisions of the rail control are Commission concerning the regulation of the rail transport market likely to affect the safety of operation on railways, operation of rail vehicles on railways and of traffic on railways, it has the Federal Minister of transport, the opportunity to give innovation and technology within a reasonable period of time to submit recommendations you, the fulfilment of which avoids this impairment. If the Federal Minister for transport, innovation and technology of this possibility makes use and submit a recommendation to you, the rail control has put forward recommendations to examine Commission before making the decision. The Federal Ministry of transport, innovation and technology, stating the reasons to inform Schienen-Control Commission unable to comply with these recommendations, their review wholly or partly feels she has this.

(6) upcoming decisions of the Federal Minister for transport, innovation and technology to be performed by the authorities concerning the safety of operation of railways, the safety of operation of rail vehicles on railways and transport on railways are likely to affect competition on the rail transport market, he has the rail-Control Commission the opportunity to provide within a reasonable period of time to submit recommendations him, the fulfilment of which avoids this impairment. If the rail control makes use of Commission of this possibility and a recommendation submitted to him, the Federal Minister of transport has to examine innovation and technology put forward recommendations, before making the decision. Is the Federal Minister for transport, innovation and technology unable to comply with these recommendations, their review wholly or partly he has this Schienen-Control Commission, stating the reasons to communicate."

10 in section 14 para 1 Z 1 and 2 Z 2 is replaced the word "Rail services" by the word "Rail services". 

11 in section 14a paragraph 2, the word "Railway infrastructure" is replaced by the word "Railway infrastructure". 

12. in paragraph 15, the word "Rail services" is replaced by the word "Rail services". 

13 paragraph 15a No. 1:



"1. details about the type of desired railway service (freight/passenger service);"

14 § 15a Z 8 lit. (d) is as follows:



"(d) relevant costs, including purchase costs or prepayments for transportation, land, buildings, installations and rolling stock as well as the financing plan for it;"

15. the section 15a of the Z 8 is following lit. f) attached:



"(f) taxes and social security contributions;"

16 paragraph 15a Z 10: '10 information on the coverage of the accident liability.'

17 paragraph 15b of paragraph 1 Z 4:



"4. the occurrence of a sufficient insurance or a guarantee of adequate, issued at market conditions; both to cover the accident liability according to Austrian and international law, in particular for passengers, luggage, goods, mail and third parties not involved in a railway carriage."

18. in the section 15c, the point is replaced by a semi-colon at the end of a sentence; the following phrase is added:

"Also infringements giving rise to concerns about the reliability by the fact of their repetition are serious."

19 paragraph 15e together with the heading:

"Professional competence

section 15e. The condition of professional competence of the applicant is satisfied. If he has an operating organization or will have the necessary knowledge or experience for a safe and providing the requested rail service brings reliable operational control and supervision of business activity"

20 paragraph 15 g together with the heading:

"Traffic opening

§ 15 g. The railway company has the Federal Minister of transport, the opening of traffic on main or networked branch lines to show innovation and technology."

21 § 15 h including heading is as follows:

"Checks

§ 15 h. (1) to check whether there are the necessary conditions for the granting of a marketing authorisation, the railway company has over a period of five years recurring, for the first time in a period of five years from the opening of traffic, and before the expiry of the five-year period to demonstrate these requirements the Federal Minister for transport, innovation and technology.

(2) a railway company may, insofar as it refers to the provision of railway transport services, only then significantly change its operations or expand if previously by the Federal Minister of transport, innovation and technology at the request of the railway undertaking administrative decision has been determined, that the conditions for the authorisation of the transport despite the significant change or expanding its business activities still exist.


(3) has a rail transport company for six months hired the provision of railway transport services, or six months off, issuing the marketing authorisation provided no rail transport services, it has the Federal Minister of transport, to show innovation and technology and to demonstrate that the necessary conditions for the granting of a marketing authorisation still exist. In the event that the railway undertaking has provided no rail transport services, the Federal Minister for transport, innovation and technology has adequately this time limit on application by the railway undertaking to extend, if this is justified by the specificity of the proposed rail service.

(4) the Federal Minister for transport, innovation and technology has encountered serious doubt as to the existence of the conditions necessary for the granting of a marketing authorisation to carry out an official check."

22. in § 15i para 2, the word "Rail services" is replaced by the word "Rail services".

23 the following paragraph 3 is added to § the 15i:

"(3) a railway undertaking is the marketing authorisation to withdraw if his assets a bankruptcy procedure has been opened and"



1 the railway undertaking in bankruptcy was closed, or 2 has arranged the insolvency court for the closure of the rail transport undertaking or approved (§ 115 Insolvency Act - IO, RGBl. No. 337/1914), or 3. the insolvency court the railway company gave no time limit on the application of the recovery plan (section 114 para 2 IO), or 4. the railway undertaking does not timely filed reorganization plan, 5. the railway undertaking has withdrawn the redevelopment plan request, or 6 the bankruptcy court has rejected the application of the recovery plan ", or 7 the redevelopment plan in the Tagsatzung of the redevelopment plan was rejected or 8 the confirmation was denied the rehabilitation plan by the bankruptcy court."

24. in section 15j para 1, the phrase 'European Commission' is replaced by the phrase 'European Railway Agency'.

25 § 15j para 2 is as follows:

"(2) on the occasion of the provision of railway transport services domestic serious doubt become aware of that specific conditions for the issuing of a permit within the meaning of Directive 2012/34/EC no longer exist in a railway undertaking established in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation, the Federal Minister of transport has ", Innovation and technology of the authority of the other State to communicate."

26 in section 15j para 3 of the introductory part is as follows:

"The insurers, with which a railway company based in Austria has concluded insurance within the meaning of § 15 b paragraph 1 Z 4, is required"

27 paragraph 15 k together with the heading:

"Cancellation of the transport approval

§ 15 k. The marketing authorisation expires:



1. by the withdrawal of the marketing authorisation;

2. with the death or other termination of the legal personality of the holder of the marketing authorisation."

28 paragraph 16 together with the heading:

"Necessity of the transport concession

§ 16. For the provision of the following rail services in Austria on railway infrastructure of main lines or networked branch lines by natural persons resident in Austria, companies established in Austria, legal persons of under public law with headquarters in Austria a transport licence is sufficient, if not yet permission to provide this type of rail transport services on the basis of a marketing authorisation is given:



1. urban or suburban passenger services;

2. freight services in regional, urban or suburban. "

29. in article 16a, the word "Rail services" is replaced by the word "Rail services".

30 paragraph 16b of paragraph 1 Z 4:



"4. the occurrence of a sufficient insurance or a guarantee of adequate, issued at market conditions; both to cover the accident liability according to Austrian and international law, in particular for passengers, luggage, goods, mail and third parties not involved in a railway carriage."

31 paragraph 16 d along with heading:

"Checks

section 16B. § 15 para 1 and 4 h also applies to transport concessions."

32. section 16f and heading is as follows:

"Termination of the transport concession

section 16f. The transport licence expires:



1. failure to comply with the traffic opening deadline.

2. by withdrawing the transport licence;

3. with the death or other termination of the legal personality of the owner of the transport concession."

33. in paragraph 17, the word "Rail services" is replaced by the word "Rail services".

34. in § 18 par. 2 and 3, the word "Rail services" is replaced by the word "Rail services".

35. in section 18 d, the word "Rail services" is replaced by the word "Rail services".

36. in article 19 paragraph 3, the word "Rail services" is replaced by the word "Rail services".

37. in § 19 paragraph 5 is replaced "Union law" "community" by the word.

38. in article 21 paragraph 2, 3, 5 and 7, the word "Rail services" is replaced by the word "Rail services".

39. in § 21 para 2 and 4, the word "Rail services" is replaced by the word "Rail services".

40. in section 22 para 1 and 2, the word "Rail services" is replaced by the word "Rail services".

41. in article 22 para 3, the word "Railway infrastructure" is replaced by the word "Railway infrastructure".

42. in § 22 paragraph 5, the word "Rail services" is replaced by the word "Rail services".

43. in section 22a, the word "Rail services" is replaced by the word "Rail services".

44. in article 22, b paragraph 1 the word "Rail services" is replaced by the word "Rail services".

45. paragraph 24 together with the heading:

"Public service obligations

§ 24. The jurisdiction to award or imposition of public service obligations under Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road and repealing Regulations (EEC) No 1191/69 and (EEC) No 1107/70 of the Council, OJ No. L 315 of the 03.12.2007 S 1, focuses on Federal page according to the tasks according to the specific federal regulations. These separately regulated order powers of the Federal Government do not refer the students free rides and apprentice rides under the equalisation Act 1967, BGBl. No. 376."

46. in section 26, para 2; does not apply in paragraph 1, the outline description (1) does not apply.

47. in the article 30a, paragraph 1 the introductory part and the No. 1 is as follows:

"In Appendix 5 of the GewO, in a 1994 (GewO 1994), BGBl. No. 194, dangerous substances at least in a lot in this annex the § 84a, para 4 are available 84 b to 84o, article 366, paragraph 1, introductory phrase in conjunction with Z 7 and § 367 to apply introductory phrase in conjunction with Z 55, 56 and 57 GewO 1994 mutatis mutandis with the proviso" , that



"1 under in §§ 84 d para 5 and 84 l para 6 and 7 GewO 1994 led to authority the safety investigation authority of the Federal Government, and under the authority in all other cases the district administrative authority are to understand" 48. section 32a paragraph 3 last sentence deleted.

49. in section 32a para 6 the word "Civil engineer" by the word "Civil engineers", the word "Technical" by the word "Technical", the word is "natural" by the word "natural" and the word "other" replaced by the word "other".

50 § 33a paragraph 1 last sentence deleted.

51. in the section 33a, paragraph 2 "natural" replaced "natural" Word is the word "Civil engineer" by the word "Civil engineers", the word "Technical" by the word "Technical", and the word.

52. in section 37 introduction part is replaced "Railway infrastructure" by the word "Railway infrastructure" and the phrase "the railway transport services to be provided" by the phrase "of the railway transport service to be performed".

53. in section, the phrase "of railway transport services to be provided" 37 Nos. 1 and 2 is replaced by the phrase "of the rail service to be performed".

54. in § 37a paragraph 6, the phrase "as well as State-authorized institutions" does not apply.

55. in paragraph 37 b paragraph 1 Z 2, the phrase "Nature of the railway" is replaced by the phrase "Nature of the railway transport service".

56. in the section 37c para 1 subpara 2 lit. (b) is replaced by the word "Railway infrastructure" the word "Railway infrastructure". 

57. in § 39a para 2, the words "Railway infrastructure" be replaced by the words "Railway infrastructure". 

58. in paragraph 39, b para 1 No. 6 is replaced by the word 'Railway infrastructure' the word "Railway infrastructure". 


59th in § 40 paragraph 2 Z 2, the word "Rail services" is replaced by the word "Rail services".

60. According to article 41a, the following paragraph is inserted 41 b along with headings:

"Assessment body

Article 41 b. In the implementing Regulation (EU) No. 402/2013 on the common security method for the evaluation and assessment of risks and repealing Regulation (EC) No. 352/2009, OJ No. L 121 of the 03.05.2013 may exercise only p. 8, led activity of a valuator, who hiefür as accredited conformity assessment body by the accreditation body (section 3 of the accreditation Act 2012)."

61. in § 53a para 1 and 2, the word "Railway infrastructure" is replaced by the word "Railway infrastructure".

62. § 53e including header is omitted.

63. in paragraph 54, the Nos. 3 and 4 are:



"3. by ensuring access to the railway infrastructure for beneficiaries and 4. through the creation of a monitoring of the competition for the protection of infrastructure capacity authorized prior to abuse of a dominant position' 64. The following article 54a and heading shall be inserted after section 54:

"Exceptions from the scope of the 6.Teiles

§ 54a. (1) is exempt from the application of § 55 para 2 to 5 are:



1. railway undertakings providing railway services exclusively in urban, suburban or regional services on self-contained local or regional, networked branch lines, or 2. railway undertakings providing railway services exclusively on such networked branch lines which are intended only for the provision of rail transport services in urban or suburban.

However, this does not apply for such railway undertakings directly or indirectly controlled by a legal entity, which provides rail transport services other than those in urban, suburban or regional services or integrated in itself.

(2) 59, 60, 62 par. 3 and 4, 62 (b) par. 3 and 4, exempt from the application of sections 55a para 3B, 55, 63 and 64a, 65 para 2 through 9, 65a, 65B para 2-4, 65c to 65f, 66 para 1 second sentence, 67 to 69, 69c, 70, 70a para 3, para 1, 74 and 74a are 73a:



1 local and regional, and stand-alone networked branch lines for passenger services;

2. networked branch lines which are intended only for the operation of passenger services in urban or suburban services;

3. networked branch lines, which are used exclusively for the provision of regional rail freight services through a single access-authorized and exists in so far as no desire by an other infrastructure capacity authorized on the allocation of infrastructure capacity.

(3) if they are for the functioning of the rail market not of strategic importance, are excluded:



1. local and regional, networked branch lines from the application of section 55a paragraph 4;

2. local networked branch lines by the application of §§ 55 b, 59, 60, 63 to 64a, section 65 paragraph 2 to 9, 65a, 65B para 2-4, 65 c to 65f, 66 para 1 second sentence, 67 to 69, 69 c, 70, 73a, paragraph 1, 74 and 74a.

Such an exception requires the existence of a decision of the European Commission, that are these networked branch lines for the functioning of the rail market not of strategic importance. The Federal Minister for transport, innovation and technology is responsible for the obtaining of such decision. Railway infrastructure companies, which strive for such an exception, have the justified referring in particular to the length, the utilization and potentially affected traffic in the Federal Ministry of transport, to provide a document in duplicate, innovation and technology, is, why there is no strategic importance to the rail transport market to the networked branch line.

"(4) exempt from the application of sections 58a, para. 2, 58 b, 62a para 2-5, 69 b, 70a para 1 and 5, 71a, 73, 73a para 2, 74 and 74a are operators for such along a siding service facilities, used by a railway company that operates such a railway, even for purposes of own goods."

65. paragraph 55 together with the heading:

"Separation measures

Railway undertakings directly or indirectly a local authority owned or controlled by such, have 55. (1) in relation to the management, the management and internal control of administrative, economic and accounting matters have a position independent of local authorities which they particularly have a fortune, a budget and a financial management have, which of the assets, the budget and the accounts of local authorities are separated.

(2) integrated railway undertakings have to create separate profit and loss accounts and balance sheets for the function of railway undertakings on the one hand and on the other hand for the function of railway infrastructure company in the accounting and publish; public money flowing to one of these two areas of activity, may not be transferred to the other.

(3) railway undertakings have to create separate profit and loss accounts and balance sheets for the provision of hand rail transport services in transport, and on the other hand rail transport services passenger transport in accounting and to publish. Public grants for the provision of public service obligations are in accordance with article 7 of Regulation (EC) 1370/2007 in the invoices separately assign No. and can not be transferred to activities, affecting other transport services or other services.

(4) the accounts of the different business areas according to para 2 and 3 must allow it to monitor compliance with the prohibition on the transfer of public funds in favour of a Division on the other, as well as the use of the revenue from infrastructure charges and profit from other economic activities.

(5) the rail Control Commission is authorized either to check itself, or from her checked by officers, whether the railway companies and integrated railway undertakings comply with the provisions on the separate accounting (2-4). For this purpose, it is entitled, railway companies, railway infrastructure companies, to require operators of facilities, as well as by all companies or agencies that provide different services in the field of rail transport or the operation of the railway infrastructure or integrate into itself, checked the template of all relevant information from the. In particular she may require that all or part of which submit accounting data so sufficiently in detail in annex VIII of the 2012/34/CE directive is, as according to the purpose of the submission of this data, it is necessary and appropriate.

(6) the rail Control Commission has the authority to draw conclusions on State aid from this financial data and to display it to the Ministry of science, research and economy.

(7) the provisions on the separate accounting (2-4) not maintained, Commission is the concerned railway undertakings and integrated railway undertakings from the rail control administrative decision to carry on making a legally-compliant accounting."

66. pursuant to article 55, the following sections 55a and 55B along with headings shall be inserted:

"Guiding strategy for the development of railway infrastructure

section 55a. (1) the Federal Minister for transport, innovation and technology has a key strategy to publish, how the railway infrastructure in the Austrian railway system of main and networked branch lines with the help of public funds should be designed to meet future mobility needs in regard to the maintenance, renewal and upgrading of railway infrastructure on the basis of a permanently sustainable financing. Moreover, caution should be taken on the General requirements of the railway system of the European Union including the cooperation with neighbouring third countries.

(2) in the control strategy are also those requirements into account, which make it possible to introduce gradually a link symmetric synchronised traffic in main railway stations (integral clock-face timetable) in the interest of passengers. Vertaktete are transport rail services, provided in the passenger transport at fixed time intervals, and they are symmetrical Connexions if they allow passengers change planes in other trains, including those that go in the opposite direction, in reasonable time.

(3) the guiding strategy has to extend to a future period of at least five years, and it is each to develop. Prior to the publication of guiding strategy are the authorities concerned, consult the social partners and other interest groups including the railway companies, and she must be coordinated with the Federal Minister of finance. The guiding strategy is by the Federal Minister of transport, innovation and technology at least on its Internet page to publish.


(4) the railway infrastructure companies have the guiding strategy in their business plans, which have to include a programme of investment and financing measures planning, the construction and maintenance of railway infrastructure, which should be financed with the help of public funds, to take into account. The business plan is to ensure that an optimum and efficient use, deployment and development of railway infrastructure while maintaining the financial balance and providing the means to achieve these goals is guaranteed. Railway infrastructure companies have to allow the known access authorized, who exercise access or covet, and upon request also other legitimate access to comment regarding the conditions of access and use and the nature, the deployment and development of railway infrastructure on the contents of the business plan prior to the adoption of the business plans.

Financing contracts to the railway infrastructure

section 55 b. (1) contracts between local authorities and railway infrastructure company for grants or contributions to the railway infrastructure of main and branch lines of networked, as for the specific federal provisions of the Bundesbahngesetzes, BGBl. 2004 - PrivbG, Federal Law Gazette I no. intended 39/2004, in compliance with the stated requirements, no. 825/1992, and of the private railway Act, have in any case, the principles listed in annex V of the 2012/34/CE directive and key data and also incentives to reduce the costs associated with the provision of rail infrastructure and road charges to contain. A term of at least five years must be provided in such contracts. All contractual terms and conditions and the arrangements for payments, that funding be provided the railway infrastructure companies, have agreed in advance to be.

(2) an agreement in the sense of paragraph 1 with a railway infrastructure company completed, such railway infrastructure undertakings for the consistency of the agreement with his business plans to ensure has.

(3) the authority which is responsible for the conclusion of the contract for the authority, it has those who have got allocated capacity on the rail infrastructure covered by the contract or who intend to seek the allocation of infrastructure capacity on such a railway infrastructure during the contract beneficiary to enable, to inform themselves before conclusion of the contract about the envisaged content of the contract and to express. To this end, the authority has to make available to the intended content of the contract on its Internet site and to set a reasonable time limit for the submission of a statement.

(4) the contracts are by the authority, which has concluded the contract for the local community, to publish within one month of conclusion of the contract on its website for the duration of the contract.

(5) the competence to conclude of such contracts depends on the tasks in accordance with the special provisions of the Federal Federal page.

(6) the railway infrastructure companies have a directory of their own assets and the assets, the use of which is up to them, for the purpose of assessing financial needs for maintenance or replacement in connection with the assets as well as details on expenses for the renewal and upgrading of rail infrastructure to create and to lead.

(7) the railway infrastructure companies have a procedure for the attribution of costs to the various categories of services provided for a railway company to set and to modify this procedure from time to time according to the best international practices."

67. the heading before section heading of section 56 is as follows:

"2. main piece

Access to the railway infrastructure, facilities and services

1 section

General"

68. paragraph 56 and title:

"Access to the railway infrastructure

56. (1) has the allocation body to give access authorized by allocation of infrastructure capacity to non discriminatory access to the railway infrastructure of the main and networked branch lines, reasonable and transparent conditions. This right of access includes also access to parts of the system for the connection of facilities and infrastructures, which are more than an end-user could serve or serve.

(2) capacity is the ability, to plan popular train for a part of infrastructure for a certain period of time, with under Zugtrasse the capacity to understand, which is required for a train at a certain time between two locations can run."

69. paragraph 57 together with the heading:

"Beneficiaries

Beneficiaries are 57 (1):



1. railway undertakings established in Austria;

2. railway undertakings established in another Member State of the European Union or in another Contracting Party of the agreement on the European economic area for the provision of cross-border passenger transport services;

3. railway undertakings established in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation for the provision of rail transport services in freight transport;

4. railway undertakings established in other States, where measures regulations exist for access;

5. railway undertakings established in other States, if access to the public transport interest is located and when reciprocity is guaranteed, where implementing provisions in international agreements are.

(2) that rights and obligations the regulator in connection with the investigation and decide whether the primary purpose of a cross-border passenger service in the carriage of passengers between stations in different Member States is are para 4 of the 2012/34/CE directive in the implementing legislation in accordance with article 10 to perceive the Schienen-Control Commission.

70. § 57b is outline named "§ 57 c. '; § 57a is outline named "§ 57 b."

71. According to article 57, the following section 57a (new) is added together with heading:

"Infrastructure capacity authorized

§ 57a. Entitled to a discriminatory allocation of infrastructure capacity:



1. beneficiaries;

2. international groupings of railway undertakings, other natural and legal persons, such as, for example, authorities in the framework of Regulation (EC) No 1370/2007, shippers, freight forwarders and company of combined transport, an gemeinwirtschaftliches or individual economic interest in the acquisition of capacity have."

72. 57b (new) paragraph with heading:

"Requests for infrastructure capacity authorized

§ 57 b. railway infrastructure companies can with respect to legitimate expectations about their future earnings and infrastructure use in an implementing Act in accordance with article 41 set para 3 of the 2012/34/CE directive laid down requirements for financial guarantees in infrastructure capacity authorized, must be reasonable, transparent and non-discriminatory, which in the network statement are to publish and notify the European Commission."

73. 57c (new) paragraph with heading:

"Operating ban in cross-border passenger transport services

§ 57c. (1) that with the right of access to the railway infrastructure of the main and networked branch lines in order to provision of cross-border passenger transport services is connected right to use one in § 57 para 1, Z 2 listed access authorized, Austrian train stations or bus stops for those stations or stops are located between the origin and the destination of the cross-border passenger service and on railways or parts thereof are, where the provision of public service obligations in passenger transport on the basis of a public service contract (art. 2 lit. i of Regulation (EC)) No. 1370/2007) is as far as excluding or restricted, as the economic balance of such public service an order would be in jeopardy.

(2) that rights and obligations the regulator in connection with the investigation and decide whether the economic equilibrium of a public service contract is compromised, are paragraph 4 2012/34/CE directive in the implementing legislation in accordance with article 11 to perceive the Schienen-Control Commission.

74. paragraph 58 and heading:

"Minimum access package

58. (1) has the railway infrastructure companies access authorized this desire, to provide the following services as minimum access package, excluding any discrimination:



1. the use of railway infrastructure including turnouts and fork;

2. the train control including signalling, regulation, clearance and the delivery and provision of information on train movement;

3. the use of existing utilities for power;

4.

Information that is required to carry out or to the operation of the railway transport service infrastructure capacity allocated for the.

(2) a railway infrastructure company has adequately transparent, the minimum access package access justified, economically realistic and sufficiently unbundled to offer, so not for services must be paid which are not required."

75. According to § 58, following sections 58a and 58 b along with headings shall be inserted:

"Service facilities

section 58a. (1) a service facility is a facility, extensively also land, buildings and equipment, which wholly or partly specially was set forth in § 58 b para 1 to 3 mentioned services as services in you to provide one or more of the.

(2) the operator of a in § 58 of para. 1 b-led service facility has wholly or partly as a rail service facility lease or hire to write them out, if they at least two consecutive years not long was used and the railway undertakings the operator have expressed interest in the access to the service facility on the basis of proven need. The operator of service set up by the detection may exempt from this obligation is, that the establishment of service as a result of a conversion process by any railway undertaking can be used.

Access to service facilities, granting of services

section 58 b (1) operators of facilities have, excluding any discrimination against the railway company, that this desire access, including rail access, to enable their following service facilities and services provided in these facilities:



1 passenger stations, their buildings and facilities, including facilities for displaying travel information, as well as suitable locations for ticket sales;

2. freight terminals;

3. reverse thrust railway stations and train educational institution including reverse thrust in directions;

4 sidings, which are specifically designed for the temporary parking of vehicles between the two allocation of infrastructure capacity;

5. maintenance facilities, provided, require special facilities with the exception of services in heavy maintenance for high-speed trains or other types of rolling stock;

6. other technical facilities, including cleaning and washing facilities;

7 port installations with traffic on railways;

8 auxiliary equipment;

9 facilities for refueling and supply of fuels in these facilities.

(2) an operator of facilities offers the below listed benefits, these benefits are all railway companies, who desire this, to grant, to the exclusion of discrimination:



1. the pre-heating of passenger trains;

2. the provision of traction;

3. degree of customer-specific contracts relating to the monitoring of dangerous goods transports, or assistance in running abnormal trains;

4. carriage of railway vehicles and reverse thrust railway stations and train educational institution including reverse thrust in directions.

(3) the following additional services can give the operator of a service facility of railway companies, who desire this, do so but not obligation; However, it offers such perks, they are railway companies, who desire this, to grant, to the exclusion of discrimination:



1. access to the telecommunications network;

2. provision of additional information;

3. the technical inspection of rail vehicles;

4. ticket sales in passenger railway stations;

5. benefits under the heavy maintenance, consisting of work carried out do not routinely as part of everyday operations and the need for the removal of a rail vehicle from the operation; These services are provided in maintenance facilities, intended for high-speed trains or other types of rail vehicles, which require special facilities.

(4) an operator of facilities has adequately transparent, railway services, economically realistic and sufficiently unbundled to offer, so not for services must be paid which are not required."

76. paragraph 59 and heading:

"Network terms of use

59. (1) has a railway infrastructure company in the German language and in another official language of the European Union to create network statement.

(2) a company has to keep its rail network terms of use up to date, needs to change, and to apply to any roadway capacity authorized in the same way.

(3) a railway infrastructure company has everyone against payment of a fee, which must not be higher than the cost of the publication of the network statement, to allow acquiring its rail network terms of use. Moreover, it has to make free of charge in electronic form on its website accessible for everyone manner to provide and a joint Internet portal that set up is accessible from railway infrastructure company in the framework of their cooperation, the network statement.

(4) in the network statement have information on railway infrastructure, which is entitled to infrastructure capacity available, and information on the conditions of access to the railway infrastructure including the essential administrative, to include technical and financial arrangements. In addition, information about the conditions, including the administrative, technical and financial modalities for access to service facilities connected to their infrastructure, including rail access, and the granting of services provided at such facilities, to be included or it has a reference to a website to be included in this information are published free of charge in electronic form manner accessible for everyone have in network terms of service. In the network statement have to be included in particular:



1. a section that specifies the type of railway infrastructure, which is the legitimate access to available, and access conditions, where this information on an annual basis with the published register of railway infrastructure in line have to stand or to refer to this; in particular, this section shall contain: a) the technical description and operational conditions for access to the individual lines, sections, or other sections of railway infrastructure;

(b) the specified not in legislation, contained in operational regulations of the railway infrastructure company requirements, which compliance is to be prescribed for that and in the exercise of access;

2. a section that sets out the charging principles and tariffs and in particular includes a) sufficient details of the charging system;

b) sufficient information on the charges;

(c) other relevant for access to the railway infrastructure information to the minimum access package and access to service facilities, including rail access, and the granting of services provided in the service facilities when all this provided only by a single provider;

(d) versions in particular, which are applied procedures, rules, and, where appropriate, tables to the implementation of §§ 67a, 67d, 67e, and 69 para. 2;

e) gave to agreed or, where available, provided over the next five years pay changes;

3. a section on the principles and the criteria for the allocation of infrastructure capacity; shall be provided to the General capacity characteristics of railway infrastructure, which is the legitimate access available, as well as to any use restrictions, including the expected capacity requirements for maintenance purposes to make; the settlement and the time limits of the procedure of allocation of infrastructure capacity to give are also Furthermore, he has to contain specific criteria which are for this procedure of concern, in particular: a) the procedure for the position of desire on allocation of infrastructure capacity through the infrastructure capacity authorized at the point of the assignment;

b) requests for infrastructure capacity authorized;

(c) a schedule for the carried out on the basis of desire on allocation of infrastructure capacity process including the allocation procedure, as well as a schedule for proceedings to the scheduling of plan - and unscheduled maintenance;

(d) principles of the coordination process and dispute settlement system established in this framework;

(e)) to be implemented in the case of overloading of railway infrastructure procedure and criteria to be applied;

f) details on the restriction of use of railway infrastructure and g) conditions, by the account of the degree of the previous use of railway infrastructure in determining ranking in the allocation process.


In addition, it is to specify in this section in detail what measures were taken to ensure adequate treatment of railway services in the freight transport, the cross-border rail transport services and the desire on allocation of infrastructure capacity, provided outside of the network timetable creation process. The section has to contain a pattern for a desire on allocation of infrastructure capacity and detailed information about the procedure for the allocation of cross-border train paths;

4. a section with information that is required for the introduction of an application for grant of a marketing authorisation, a transport licence, a safety certificate part A and a safety certificate part B or that have a website, this information is provided on the free of charge in electronic form available;

5. a section relating to the dispute resolution and complaint procedures in terms of on: a) access to the railway infrastructure;

(b) the granting of the minimum access package;

(c) the access to service facilities, including rail access, and the granting of services provided in facilities;

(d) the performance-related pay scheme;

6. a section with information on access to service facilities, including rail access and granting of services provided in these facilities, as well as the fees to be paid;

7. a sample contract for framework contracts.

(5) the provisions in the network statement must be so prepared, no discretion allow of assignment and the soaring pay Office, to be able to discriminate against legitimate infrastructure capacity.

(6) operators of facilities have the railway infrastructure company with the following information, which have to be included in the network statement, either to tell, or to announce an Internet site that, where this information is provided free of charge and published in electronic form in a manner accessible to anyone:



1. fee-related information;

2. information about the terms and conditions, including the administrative, technical and financial arrangements, for access to service facilities, including rail access, and the granting of services provided in these facilities.

(7) a draft of the network statement is the rail control to present Commission immediately after its creation.

(8) the railway infrastructure companies have at least four months before the deadline (article 65 paragraph 4) for the recovery of desire on allocation of infrastructure capacity free of charge in electronic form on its website in a manner accessible to anyone to publish the rail network terms of service and their changes and to provide Commission of Schienen-control within one month from creation or modification thereof."

77. Article 59a and heading is eliminated.

78. paragraph 59b together with heading is eliminated.

79 paragraph 62 paragraph 1:

"(1) assignment is



"1 the railway infrastructure company, or 2. the rail infrastructure Dienstleistungsgesellschaft mbH or another suitable company or another suitable location, if the function of an allocation body with written contract has been transferred to them."

80. Article 62 par. 3 and 4 are:

"(3) the performance of duties associated with the function of an allocation body by a railway company, which is legally, organisationally and not independent in his decisions by railway undertakings, is however not allowed. A rail-infrastructure company has all the function of an allocation body-related task either to the rail infrastructure services company mbH or to another suitable company or another suitable location, the two latter but only then, if they are legally, organizationally and independent in their decisions by railway undertakings and provide even no rail services to transmit, with written contract which then independently perform these duties as allocation body in place of the railway infrastructure company have; the contract must contain no provision which would interfere with a lawful exercise of the tasks associated with the function of an allocation body or make it impossible.

(4) rail infrastructure company announced Commission the company Schienen-control to give, that they fully or partially contracted have transferred to which related tasks using an allocation body."

81. According to § 62, following sections 62a and 62B including headings shall be inserted:

"Operator of a service facility

section 62a. (1) the operator of a service facility is, who operates one or more facilities or provide one or more services for railway undertakings. Services are



1. Services, provided in a service facility (section 58 b subsection 1), 2 additional services (§ 58 b, paragraph 2), or 3. fringe benefits (section 58 b paragraph 3).

(2) is the operator b paragraph 1 Z 1 to 4 and 7 to 9 directly or indirectly controls listed facilities in § 58 by a legal entity, which is also active in the national rail markets, for which the respective service facility is used, and who holds a dominant position, so the operators of these services must be that he can operate these facilities organizationally and in its decisions independently of the legal entity. Such a legal entity itself operates a such service facility, so can this requirement at least this are complied with, that an area separate from other activities of the legal entity is established for the operation of the service equipment.

(3) for a in § 58 of para. 1 b-led service facility, the operators and the entities that directly or indirectly controls this operator and used in the national rail markets, for which the facilities, holds a dominant position, have to have a separate accounting including separate accounts and separate profit and loss accounts.

(4) the rail Control Commission is authorized to review these provisions on the separate financial management; compliance with the rules are not respected, the rail control has to apply Commission the production of a legally-compliant accounting administrative decision. During the administrative procedure, the verified have to Commission on request all relevant information come to the rail control.

(5) the service facility operated by a railway infrastructure company, which is legally, organisationally and independent in its decisions of railway undertakings, or the operator directly or indirectly controlled by a rail infrastructure company, is complying with the par. 2 and 3 as shown.

Fee-uplifting place

§ 62 b (1) end of the pay raise is point



1 the railway infrastructure company, or 2. the rail infrastructure Dienstleistungsgesellschaft mbH or another suitable company or another suitable location, if the function of a fee-uplifting place with written contract has been transferred to them.

(2) a railway infrastructure company that is legally, organisationally and independent in its decisions of railway undertakings, can transfer completely or partially but also to the rail infrastructure services company mbH or to another suitable company or another suitable location, by written contract the tasks associated with the function of a charge gathering place.

(3) the performance of duties associated with the function of a charge gathering place by the railway infrastructure company, which is legally, organisationally and not independent in his decisions by railway undertakings, is however not allowed. A rail-infrastructure company has all the function of a charge gathering place-related task either to the rail infrastructure services company mbH or to another suitable company or another suitable location, the two latter but only then, if they are legally, organizationally and independent in their decisions by railway transport companies and even no rail services provide to transfer, with written contract which then independently perform these tasks as fee-uplifting point in place of the railway infrastructure company have; the contract must contain no provision which would interfere with a lawful exercise of the tasks associated with the function of a charge gathering place or impossible.

(4) rail infrastructure company announced Commission the company Schienen-control to give, that they fully or partially contracted have transferred to which related tasks using a fee-uplifting place."

82. the heading before section heading of section 63 is as follows:

"Part 2

Allocation of infrastructure capacity"

83. paragraph 63 along with heading:


"Allocation principles

63. (1) has the allocation body to make the allocation of infrastructure capacity on infrastructure capacity authorized under reasonable, non-discriminatory and transparent conditions according to the principles of equal treatment and a possible effective use of railway infrastructure.

(2) the railway infrastructure enables a link symmetric synchronised traffic in main railway stations, a railway infrastructure company is entitled to set the if necessary infrastructure capacity for the provision of railway transport services passenger transport. The required information must be included in the network statement. Under appropriate conditions, the allocation of such a capacity has to be non-discriminatory and transparent terms according to the principle of equal treatment. The right set symmetrically synchronised for link traffic in main railway stations required infrastructure capacity for the provision of rail transport services passenger transport, is by the railway infrastructure companies to exercise so that no incompatibility with his commitment to the Organization and establishment of cross-border train paths for freight services in the freight corridor (article 14 of Regulation (EU) No. 913/2012 establishing a single rail network for competitive freight) , OJ No. L 276 of the 20.10.2012 S 22) is created and for the provision of cross-border rail freight services, infrastructure capacity requirements are taken into account.

(3) allocated capacity may be transferred not to other infrastructure capacity authorized or than the ones for which it has been assigned to, not used for another type of rail transport services. The use of infrastructure capacity and through beneficiaries does not apply to such infrastructure capacity authorized, which are not a railway undertaking, as transfer allocated capacity.

(4) a person who is infrastructure capacity assigned to, should be excluded from the allocation body by a further allocation of infrastructure capacity for a network timetable period.

(5) the term of the allocation of infrastructure capacity in the form of individual train paths is limited with a network timetable period. It can be arranged but a framework regulation on the allocation of infrastructure capacity on the relevant railway infrastructure, which has a maturity of more than one network timetable period."

84. paragraph 64 together with the heading:

"Framework

64. (1) can make arrangements the allocation body with a roadway capacity, legitimate, providing for the allocation of infrastructure capacity for a longer period of time than a network timetable period. The time range can be set, to offer within the infrastructure capacity is, if the requested infrastructure capacity is not available. The allocation of individual train paths should not be regulated.

(2) the allocation of infrastructure capacity for a longer period of time than a network timetable period has to be carried out except in the case of paragraph 3, in the form of a written agreement. If a company does not even the function of an allocation body, the allocation body frame contracts have with the infrastructure capacity authorized on behalf of and for the account of the railway infrastructure company to complete.

(3) the allocation of infrastructure capacity for a longer period of time than a network timetable period an integrated railway undertakings to the exercise of access rights on its railway infrastructure has to be made in the form of a framework document bearing the allocation body and the integrated railway companies.

(4) regulatory framework should not exclude access to the railway infrastructure by other railway infrastructure capacity authorized. Framework regulations must contain a provision that allows their change in the interest of a better use of the railway infrastructure; in such a case the change of a framework, a penalty can be agreed.

(5) framework regulations should be limited to the duration of five years and may be extended by the same periods as the original term. Frameworks are the rail Control Commission within a month of its creation by the allocation body to submit. Framework regulations are with a maturity of more than five years against the rail control to justify Commission; for information on the underlying framework as the motif business contracts, to make particular investments or risks are simultaneously with its submission. Frameworks are subject to the approval of the rail control with a maturity of more than ten years Commission; is especially for extensive and long-term investments, especially in connection with contractual obligations, as well as other comparable risks granted.

(6) under the protection of business confidentiality are to introduce other infrastructure capacity authorized on request. the salient features of each framework of the allocation body"

85. paragraph 64a including heading:

"Cooperation of assignment posts

§ 64a. (1) domestic allocation bodies are required, in the interests of an efficient creation and allocation of cross-network infrastructure capacity in the railway system of the European Union and the creation of frameworks for this purpose with other domestic allocation body, with other allocation bodies in other Member States of the European Union, to work together in other Contracting Parties of the agreement on the European economic area or the Swiss Confederation.

(2) they have to evaluate the need for cross-border train, if necessary, propose its creation and organize them to facilitate the operation of freight trains which are subject to an ad-hoc desire.

(3) allocation body, whose allocation decisions that affect such other allocation body, have to work with such capacity at the international level to assign or to coordinate the assignment of such a capacity.

(4) the principles established in the framework of cooperation by allocation body and criteria are to publish by the railway infrastructure companies in the network statement.

(5) a domestic allocation body within the framework of its cooperation with other allocation bodies held a meeting, which is important for the development of principles and procedures for the allocation of infrastructure capacity, it has to inform the European Commission and to invite as observers to the meeting.

(6) domestic allocation bodies have the rail Control Commission on request to give sufficient information on the development of common principles and procedures for the allocation of infrastructure capacity and IT systems for the allocation of infrastructure capacity.

(7) the domestic allocation agencies are required to make public their participation in this cooperation, the functioning of this cooperation, and all criteria relevant for the evaluation and allocation of infrastructure capacity for free on the Internet.

(8) domestic allocation bodies have for purposes of cross-net allocation of infrastructure capacity to ensure that an infrastructure capacity authorized on a single point can be turned. This point can be one of the stakeholders of the assignment or a body jointly set up by the allocation body."

86. paragraph 65 together with the heading:

"Network roadmap creation

All scheduled train movements and movements of rolling stock on railway infrastructures affected by access rights are 65. (1) in a timetable which once to create depends on the allocation body in the calendar year, to set. The corresponding time interval of the network schedules is in the framework of cooperation of the body of of allocation, taking into account Union legal requirements to be set by mutual agreement. This interval by regulation of the Federal Minister for transport, to assess innovation and technology is such a consensual definition should not occur.

(2) allocation bodies have to agree what cross-border train paths must be included in the timetable, before discussions on the timetable with other relevant allocation bodies. Deviations from this agreement are permitted only if absolutely necessary.

(3) the allocation body has to ensure that no later than eleven months before entry into force of the network timetable preliminary cross-border train in cooperation with other relevant allocation bodies are set and this train are kept as far as possible in the following network timetable creation process.

(4) the period for the recovery of desire by infrastructure capacity authorized on allocation of infrastructure capacity, which should be included in the timetable, must expire not more than twelve months before the entry into force of the network timetable. No later than four months after the deadline for the recovery of desire on allocation of infrastructure capacity through the infrastructure capacity entitled to the allocation body has to create a timetable design.


(5) infrastructure capacity authorized, intending to bring a desire on allocation of infrastructure capacity for the provision of rail transport services in cross-border passenger traffic at the point of the assignment have to inform the allocation body and the rail-Control Commission. The provision of public service obligations in passenger transport on the railway affected by the desire or parts thereof by a public service contract is regulated, the rail control has to inform Commission the Contracting Parties from the intended introduction of desire.

(6) the allocation body has in establishing network timetable as far as possible to meet all desires of infrastructure capacity authorized on allocation of infrastructure capacity and to take account of all constraints, the infrastructure capacity entitled to govern, including the economic effect on their business, as far as possible.

(7) the allocation body has special rail transport services in the in the section 65 c par. 3 cases in the Netzfahrplanerstellungs - and coordination procedures to prioritise.

(8) the allocation body is obliged to listen to all infrastructure capacity authorized who have sought the allocation of infrastructure capacity or demand without obligation, as well as third parties that want to take position to impact the working timetable on their ways to the use of rail services in network schedule for the period, to the Web timetable design and to give them a period of one month to comment on. Initiation of the consultation is to make known in the Internet. The allocation body should as far as possible take account of justified complaints. The rail Control Commission is to give the opportunity, to participate in the hearing as an observer.

(9) the assignment have the rail Control Commission the applicable timetable, as well as the relevant network timetable creation documents within one month after the creation of the network timetable to present. The allocation body or railway infrastructure companies have in addition Commission in time about any major changes in the quality or the capacity of rail infrastructure to teach the rail control."

87. paragraph 65a with heading:

"Infrastructure capacity for regular maintenance work

§ 65a. (1) desire on allocation of infrastructure capacity for infrastructure maintenance work are within the framework of the network timetable creation.

(2) the allocation body has impact on infrastructure capacity authorized caused through provision of infrastructure capacity for regular roadway maintenance, to take into account adequately.

(3) railway infrastructure companies have infrastructure capacity authorized as early as possible about the non-availability of infrastructure capacity due to unplanned infrastructure maintenance work to teach."

88. paragraph 65b, together with the heading:

"Coordination procedures

section 65 b. (1) arise in establishing network timetable incompatibilities between different desires of infrastructure capacity authorized on allocation of infrastructure capacity, which are taken into account in establishing network timetable so the allocation body has become through coordination this desire and through negotiations with the infrastructure capacity entitled to the achievement of a mutually agreed solution to try. This she can offer within reasonable limits of capacity, which differ from the coveted infrastructure capacity. The rail Control Commission is to give the opportunity, to participate in the hearing as an observer.

(2) in the course of negotiations with the railway infrastructure capacity entitled to the allocation body has within an appropriate period free of charge and in electronic or written form to disclose:



1. information about the infrastructure capacity and coveted by the infrastructure capacity authorized on the same routes;

2. information is what capacity on the same routes to the assignment;

3. information on the proposed same route, deviating from the coveted infrastructure capacity and infrastructure capacity;

4. full details of the criteria used in the allocation of infrastructure capacity.

While the identity of the concerned infrastructure capacity holders may not disclose without their consent.

(3) the principles of the coordination process are set in the network statement. You must take account in particular of difficulty to reconcile connect traffic and cross-border train paths, and the impact of any changes on other railway infrastructure company.

(4) the allocation body has set up a dispute settlement system for the purpose of rapid resolution of disputes between infrastructure capacity justified with regard to the assignment of desirable infrastructure capacity that ensures decisions on disputes within ten working days."

89. paragraph 65c together with the heading:

"Congested infrastructure

§ 65c. (1) in the cases in which desire of infrastructure capacity legitimate on allocation of infrastructure capacity, to take into account when establishing network schedule would be, after coordination of the infrastructure capacity allocation requests and after consultation with protesting infrastructure capacity justified not in reasonable amounts can be upheld, the allocation body has to explain the relevant railway infrastructure section immediately for overloaded. This has to be the refrain is that their capacity in the near future is not sufficient in railway infrastructure.

(2) has been declared for overloaded rail infrastructure, the railway infrastructure companies perform the capacity analysis (§ 65d), if not already implemented a plan to increase capacity (section 65e) has.

(3) charges according to § 67a not collected or have they not led to a satisfactory outcome and railway infrastructure for overloaded declared, so has to consider as a priority the allocation body in the network timetable creation under non-discriminatory conditions and in accordance with the following order:



1. desire on assignment in accordance with section 63 para 2 fixed infrastructure capacity;

2. desire on allocation of infrastructure capacity for the provision of public service obligations in passenger traffic in peak times;

3. other desire on allocation of infrastructure capacity according to the order in which of the height of the social benefits of the underlying rail services; A higher social benefits as passenger services to grant is freight services, in particular cross-border freight transport services.

(4) the procedure to be followed in overloaded rail infrastructure and to apply priority criteria are set in the network statement."

90. paragraph 65d together with the heading:

"Capacity analysis

§ 65d. (1) the purpose of a capacity analysis is identifying the bottlenecks in the railway infrastructure and prevent that desire on allocation of infrastructure capacity adequately cannot be upheld, and the presentation of how can be granted additional desire. In the analysis, the reasons for congestion are to identify and to describe short - and medium-term remedial actions.

(2) the object of the analysis are the railway infrastructure, the operating procedures, the nature of the different carried railway transport services and the effects of all these factors on infrastructure capacity. Testing-needy measures include in particular the redirection of rail transport services, the temporal shift of rail transport services, changes the speed and improvement of railway infrastructure.

(3) the capacity analysis is complete within six months, after a railway infrastructure was designated as overloaded."

91. in section 65e, first sentence is in paragraph 1 and in paragraph 1 Z 3 the word "Railway infrastructure" by the word "Railway infrastructure", in paragraph 1 Z 4 the word "Usage charges" by the word "Infrastructure charges" and in paragraph 3 the quote "section 67 para 2" by the quote "§ 67a" replaced.

92. According to section 65e the following section 65f and heading shall be inserted:

"Desire for task of train paths

section 65f. Infrastructure capacity entitled to the allocation body in particular for congested infrastructure has to require the task of train paths used to set threshold value during a period of at least one month under one in the network statement, except that this is due to non-economic reasons, which are beyond the influence of the infrastructure capacity authorized."

93. paragraph 66 section 2:


"(2) in emergency situations, and unless this is absolutely necessary, because access to the railway infrastructure due to a malfunction is temporarily not possible, the allocated train paths without notice can be locked as long as it is required for the rehabilitation of railway infrastructure." The railway infrastructure companies may require if it considers this necessary, that access authorised, that train on the relevant railway infrastructure are assigned to provide funds him according to available capacity and the reasonableness against reasonable costs, and industry-standard fee, which in his opinion are best suited, to restore the normal situation as soon as possible."

94. takes the place of the 3rd section in the main piece of the 6 part (paragraphs 67 to 70 along with headings) 2 the following section 3:

"Section 3

Trail fees and service charges

1 subsection

Remuneration principles for the infrastructure charge

Cost of train operation

67. (1) infrastructure charges for access to the railway infrastructure, including to such, the facilities are connected, and for the granting of the minimum access package, are basically equal to the cost to determine that directly because of the train operation incurred.

(2) the Commission shall adopt an implementing Act, specify the arrangements for calculating the costs directly incurred as a result of the operation of the train, the rail infrastructure company is entitled to decide the gradual acquisition of these modalities; the adoption of the modalities has to be made within a period of four years after the entry into force of the implementing Act.

Remuneration components of capacity bottlenecks

§ 67a. Infrastructure charges can include a part of the remuneration that reflects temporal and local capacity on a route, a section or any other section of the railway infrastructure for the duration of the overload.

Environmental impact of train operation

section 67 b. (1) as long as this does not increases the total proceeds of the railway infrastructure company, is to cover the costs of environmental impact resulting from the operation of the train, by way of derogation from article 67 certainly a change of infrastructure charges permitted. This is to differentiate according to the type of environmental impact of train operation.

(2) a change of route charges so that by charging the costs to cover the environmental impact resulting from the train operation an increase of the total revenue of the railway infrastructure company results, is allowed, but only if for the use of highways for the purpose of provision of transport services and for the resulting environmental impact such a recovery of costs to cover these effects takes place.

(3) the remuneration uplifting body is the Federal Minister of transport to inform innovation and technology without being asked to what extent the total revenue increased by the change of the way fee. The Federal Minister for transport, innovation and technology has to decide how to use this additional more than anticipated by the railway infrastructure companies.

(4) the remuneration-uplifting place has to result in environmental effects for a change of the way fee costs resulting from the train operating were decisive, and in what way they have led to the change of the way fee records. These records are to provide the Schienen-control GmbH without being asked. If it requires the European Commission, the Schienen-control GmbH has you submit these records.

Mean fixing of the way fee

§ 67c. The way fees can be set averaged over a reasonable period of time such as in particular a calendar year or a network timetable period and per style and time of rail transport services. This must be the relative level of lump-sum way charges to the costs of the rail services in relationship.

2. subsection

Exception of the remuneration principles for the infrastructure charge

Full cost recovery of infrastructure charges

§ 67d. (1) unless the infrastructure fees and other revenues from the operation of the railway infrastructure, not sufficient to achieve a full coverage of costs, do so more premiums on the basis of efficient, transparent and non-discriminatory principles can be set, while ensuring the best possible competitiveness of segments of the railway market. The level of road charges should not prevent however the use of the railway infrastructure by market segments, capable of providing at least the cost that is directly incurred as a result of the train operation, as well as a competitive rate of return.

(2) before fixing other supplements has the railway infrastructure companies to consider to what extent the premiums for specific market segments are relevant; but it has to draw at least the traffic service pairs referred to in annex VI No. 1 2012/34/CE directive into account, and to select the appropriate.

(3) the further breakdown of market segments depending on the type of goods or passenger transport is allowed.

(4) the railway infrastructure company has to create a list of market segments defined by him, to publish them in the network statement, and to review every five years. In this list, at least the three following segments are to include:



1. freight services, 2. passenger transport services in the context of a public service contract and 3 other passenger services.

(5) in the list of defined market segments as market segments are set, in which beneficiaries are currently not active, where they may be to provide services during the term of the scheme.

(6) the establishment of additional premiums requires the permission of Schienen-Control Commission, which is to grant, if the requirements of paragraph 1 are. Is the request to submit the list of defined market segments and the result of testing carried out in accordance with paragraph 2.

(7) it has a railway infrastructure company, to change the essential components of the remuneration rule listed in paragraphs 1 to 5, intends to publish this change at least three months before the deadline for the publication of the network statement on his Web site listed in the article 59, paragraph 8.

Higher infrastructure fees for certain rail infrastructure

§ 67e. On the basis of the long-term investment, higher infrastructure fees for access to such a railway infrastructure can be set, whose construction or expansion was completed in 1988, this construction or expansion leads to increased performance or reduced cost for use, and this construction or expansion without increased infrastructure fees had not been done.

Way pay rule for certain railway corridors

section 67f. (1) the infrastructure charges for access to the railway corridors in the decision 2009/561/EC amending Decision 2006/679/EC with regard to the implementation of the technical specification for interoperability (TSI) of the subsystem of train control and signalling of the conventional trans-European rail system, OJ L 194 of July 25, 2009, p. 60, are specified, to differentiate. Through such differentiation, the revenues of the railway infrastructure company must not be altered in total.

(2) this differentiation has to be made in such a way, the incentive to do so is to equip trains with a version of the European rail and train control system (ETCS), with the decision 2008/386/EC amending Annex A to decision 2006/679/EC concerning the technical specification for interoperability of the subsystem signalling, train control and signalling subsystem of the trans-European conventional rail system and Annex A of decision 2006/860/EC concerning the technical specification for interoperability of the subsystem control-command , Train control and signalling subsystem of the trans-European high-speed rail system, OJ L 136, May 24, 2008, p. 11, approved version and subsequent versions is compatible.

(3) section 1 is not applicable,



1. If the railway corridor trains for regional passenger transport services are used for access, admitted for the first time before 1985 in operation and which are not equipped with the European train and train control system (ETCS), or 2. If only trains may run on the rail corridors, which are equipped with ETCS.

Comparability of road charges

section 67 g. The average road charges, the border cost-based route charges of a railway infrastructure company have to be comparable for similar uses of its railway infrastructure. For the provision of comparable rail transport services in a segment of the rail transport market, same way fees are to rise. As far as this is possible without disclosing confidential business information, has the railway infrastructure company in its rail network terms of use explain how these requirements are met.

3. subsection

Miscellaneous

Activity-dependent way remuneration components


§ 67 h. Under application of the principles of a performance-based scheme referred to in annex VI, point 2 of the 2012/34/CE directive, which have to apply for the entire railway infrastructure, the fee rules must contain also performance-related components that provide incentives to avoid operating errors and to increase the efficiency of railway infrastructure the access authorised and the railway infrastructure companies. Compensation for beneficiaries affected by the errors and a bonus scheme for services exceeding the agreed level of performance, can be particularly penalties for malfunctioning of the railway infrastructure.

Pay for unused capacity

§ 67i. A reasonable fee is allocated but unused capacity of the remuneration-uplifting place to raise. These criteria are in the network statement. The allocation body has to take precautions that puts them in the position, interested to give Commission, which already has been assigned to the use this infrastructure capacity access authorized at any time information about the extent of the infrastructure capacity access-authorized and the rail control.

Fixing the infrastructure charges

The fee rules of the remuneration-uplifting place - are § 68. (1) for a company if it is not the company itself, after obtaining its proposal - to set.

(2) the remuneration rules are to record by the railway infrastructure companies in the network statement or to close it as an attachment. Also an explanation indicating how to sections 67 to 67 h corresponds to the requirements, insofar as this is possible without disclosing confidential business information is to be attached.

(3) on the basis of the remuneration rules, fee-uplifting place has to assess the infrastructure charge payable for a coveted access to the railway infrastructure including the granting of the minimum access package each.

(4) the remuneration-uplifting place has to ensure



1. except in the case of § 67e the way charging system on the whole railway infrastructure of the railway infrastructure company is based on the same principles that provide 2 that the application of the remuneration rules resulted in equivalent and non-discriminatory charges for different beneficiaries, the rail services of equivalent nature in similar markets and 3 that the infrastructure charges actually collected conform to the rules laid down in the network statement.

(5) the information made them entitled to infrastructure capacity to keep secret have pay rise end points.

Negotiations on the amount of way fee

§ 68a. Negotiations between infrastructure capacity authorized and the remuneration uplifting point about the amount of way fee payable are allowed only if they appear under the supervision of the rail-Control Commission. Violations of the provisions relating to the determination of the amount of road charges, threaten these negotiations this has known the Schienen-Control Commission the participants in the negotiations to give.

Payment of route charges

section 69. Infrastructure capacity authorized has to pay that for access to railway infrastructure and the infrastructure charge imposed for the granting of the minimum access package in the fee-uplifting place. The fee-uplifting place has to pay this way charge on the rail infrastructure company which has contractually transferred the function of a fee-uplifting place this map.

Wegeentgeltnachlaesse

section 69a. (1) any Wegeentgeltnachlässe may refer only to infrastructure charges, who collected only for a particular section of the railway infrastructure and to limit the saved administrative costs, which already took into account cost savings shall be not considered when determining the fine a way fee.

(2) of paragraph 1, time-limited Wegeentgeltnachlässe to facilitate the development of new rail services or the promotion of access to the railway infrastructure with very low utilization can be granted for a single type of rail transport services, if these discounts in the way the network statement of all legitimate access are accessible.

Service fee

69. (1) in calculation for the granting of rail access within of service facilities, and the granting of services provided in facilities, payable fees shall be, that the fees may not exceed the incurred costs, plus a reasonable profit,. This also applies to the case that the grant is offered by supplemental or ancillary services by a single operator of service facilities.

(2) under reasonable profit, equity, which takes into account the risk of the operator of a service facility, also in terms of revenue, or the absence of such risk and not significantly deviates from the average return in the sector concerned in previous years is to understand.

(3) the fees for the grant of access to service facilities, including rail access, and the provision of services are to be set by the operator of the service facility and to collect.

(4) charges for fuels that are provided in facilities for the refueling, are separately on the invoice.

(5) fees for supplied power are on the Bill of charges for the use of power supply facilities disclosed separately.

Information and evidence requirements

§ 69c. (1) pay rise end points and operators of facilities have the rail Control Commission for the performance of their duties to provide all information collected fees.

(2) pay rise at the end authorities and operators of facilities can prove legitimate infrastructure capacity and other railway companies at any time which actually charged them fees correspond to the procedures laid down in the network statement, rules, and, where appropriate, tables.

Cooperation in railway cross-way charging schemes

70. (1) pay raise at the end points have to cooperate with other fee-gathering bodies headquartered in Austria or based in other Member States of the European Union or other parties to the agreement on the European economic area, to allow the application of more efficient road charging schemes.

(2) to coordinate the way charging or to the collection of route charges for the cross-rail train operating in the railway system in the European Union pay uplifting set with other fee-gathering bodies headquartered in Austria or based in other Member States of the European Union or other parties to the agreement on the European economic area have to come together. In the context of this merger, they must be especially anxious to ensure the best possible competitiveness of cross-border rail transport services and to ensure the efficient use of networks. For this purpose, they have to create for this purpose required procedures to contribute.

(3) in order to ensure the best possible competitiveness of cross-border rail transport services, fee-uplifting set with other fee-gathering bodies headquartered in Austria or established in other Member States have the European Union or other parties to the agreement on the European economic area with the aim to cooperate, that the sections 67d and 67 h be applied efficiently."

95. paragraph 70a including headings:

"Section 4

Treatment of desire, complaint

Legal form

section 70a. (1) the allocation of infrastructure capacity, granting of the minimum access package, the granting of access to service facilities, including rail access, and the provision of services have to be carried out except in the case of paragraph 4, in the form of a written contract. This contract has all access to the railway infrastructure, to include coherent, transparent and non-discriminatory conditions with regard to the administrative, technical and financial arrangements, the granting of the minimum access package, the granting of access to service facilities, including rail access and the provision of services.

(2) a roadway capacity authorised is not a railway undertaking, he has to make known a person entitled to access the allocation body. For this the parts of the agreement on the allocation of railway infrastructure capacity are legally binding, governing the conditions necessary for the use of railway infrastructure in terms of the administrative and technical arrangements; These terms have in the contract to be clearly visible.


(3) If a railway company may exercise not the function of an allocation body, the allocation body have agreements on the allocation of infrastructure capacity and for the granting of the minimum access package on behalf of and for the account of the railway infrastructure company to complete. The contractual definition of way charges are linked the allocation body in the stipulations of the remuneration-gathering bodies.

(4) the allocation of infrastructure capacity at an integrated railway undertakings to the exercise of access rights on its railway infrastructure and the provision of the minimum access package for their own purposes has to be carried out, which has to include all related, transparent and non-discriminatory conditions with regard to the administrative, technical and financial arrangements in the form of a document bearing the allocation body and the integrated railway companies. When determining the infrastructure charges, the allocation body in the stipulations of the remuneration-gathering bodies is bound.

(5) railway undertaking integrated the granting of access to from a self-hosted service facilities, including rail access, for their own purposes and the granting of services for their own purposes is to document, which has to include all related, transparent and non-discriminatory conditions with regard to the administrative, technical and financial arrangements in a document.

(6) written contracts are subject to transaction fees not according to paragraphs 1 and 4 after the fees Act 1957."

96. section 71 and heading is as follows:

"Treatment of desire on railway infrastructure capacity allocation and granting of the minimum access package

71. (1) has any allocation body to lead a revolt of infrastructure capacity authorized on allocation of infrastructure capacity or on granting of the minimum access package, if this desire be inserted in the form indicated in the network statement, to check and negotiations; the allocation body, not with the railway infrastructure companies is identical, the latter in the negotiations to include is.

(2) If a petition for a focuses on the allocation of infrastructure capacity on railway infrastructure of railway infrastructure company, this is the roadway capacity entitled to introduce at the focal point of the assignment concerned. The focal point is an allocation body, at the same time it is obliged to seek the allocation of infrastructure capacity and necessary in the other concerned assignment on behalf of the infrastructure capacity authorized.

(3) the allocation body has a desire on allocation of infrastructure capacity, should be taken into account in establishing network timetable, in consultation with other relevant allocation bodies without undue delay, to decide ten working days at the latest one month after the statement period to Web timetable design, in the case of the coordination procedure no later than upon completion. A correct order of lack of causes that only with full corrective desire considered reaches a. The decision is in accordance with the provisions of this Federal Act either in the form provided for in section 70a or in writing reasoned rejection of desire to be.

(4) the allocation body has a desire on allocation of infrastructure capacity, not to be taken into account in establishing network timetable, in coordination with other relevant allocation bodies without undue delay, no later than within five working days to decide receipt of written desire. A correct order of lack of causes that only with full corrective desire considered reaches a. The decision is in accordance with the provisions of this Federal Act either in the form provided for in section 70a or in writing reasoned rejection of desire to be.

(5) on request on provision of the minimum access package is without undue delay, but not later than one month after receipt of the written desire to decide. A correct order of lack of causes that only with full corrective desire considered reaches a. The decision is in accordance with the provisions of this Federal Act either in the form provided for in section 70a or in writing reasoned rejection of desire to be.

(6) on request on provision of the minimum access package is without undue delay, to decide if these are provided in connection with a desire on allocation of infrastructure capacity, not to be taken into account in establishing network timetable, at the latest within five working days after receipt of the written desire. A correct order of lack of causes that only with full corrective desire considered reaches a. The decision is in accordance with the provisions of this Federal Act either in the form provided for in section 70a or in writing reasoned rejection of desire to be.

(7) in deciding about desire on the allocation of infrastructure capacity, not to be included in the network schedule creation (ad-hoc desire), and in the decision on the related desire to grant the minimum access package, are the desires that are necessary for the fulfilment of public tasks, primarily taken into account; This concerns in particular desire on allocation of infrastructure capacity, which is necessary for the use of the armed forces or the immediate preparation of use pursuant to section 2 of the military service Act 2001 or use similar exercises.

(8) desire on allocation of infrastructure capacity or desire to grant the minimum access package is rejected, this has to announce the allocation body of the rail Control Commission within one month from rejection."

97. According to section 71, the following article 71a and heading shall be inserted:

"Treatment of desire to have access to service facilities and provision of services

section 71a. (1) every operator of a service facility has a desire by railway undertakings on granting of access to service facilities, including rail access, and on granting of services to consider and negotiate.

(2) the rail control shall by regulation set reasonable time limits within which requests by railway companies to grant access to a service facility, including the rail access, and on the provision of services to decide are Commission.

(3) requests on granting of access to a service facility, including rail access, and on granting of services, rendered in such a service facility may only be rejected if viable alternatives are available.

(4) a viable alternative exists if access to other service facility, including the rail access, and the granting of services provided in such a service facility, are economically acceptable for the railway undertaking, and allows him to carry the railway service on the railway infrastructure provided by him or an alternative rail infrastructure sought by him.

(5) an alternative rail infrastructure is an other railway infrastructure between the same origin and destination, if there is substitutability between two railway infrastructures for the implementation of the targeted rail service by the railway undertaking.

(6) in section 62a par. 2, led operators of services have written to justify a rejection of a desire made pursuant to paragraph 3 and to demonstrate the existence of viable alternatives.

(7) the operator finds one in § 58 of para. 1 b-led service facility conflicts between different desires on granting of access to this service facility, including rail access, as well as on granting of services provided in a facility of such service, he has to try to comply with all these desires as.

(8) be rejected desire access to service facilities, including rail access, and the provision of services, this the operator of the service facility of the rail control has to announce Commission within one month from rejection."

98. paragraph 72 together with the heading:

"Complaints against the allocation body

72. (1) desire on allocation of infrastructure capacity or on granting of the minimum access package is rejected or comes to an agreement



1. about a desire to grant the minimum access package within one month of receipt of desire at the allocation body, 2 about a desire to grant the minimum access package relating to a desire on allocation of infrastructure capacity, this not to be taken into account in establishing network timetable, is provided within five working days from receipt of desire at the allocation body, 3.

should be about a desire on allocation of infrastructure capacity, which takes into account when establishing the network timetable within one month after the statement period to Web timetable design, in the case of the coordination of proceedings, within ten working days upon completion, and 4 about a desire on allocation of infrastructure capacity, that not to are not used when a network timetable, within five working days from receipt of desire at the point of the assignment or the infrastructure capacity affected by the desire has been assigned to a different infrastructure capacity authorized , the infrastructure capacity legitimate complaint to the rail control may charge Commission.

(2) who has a complaint to be made in writing and either



1. an application for assignment coveted capacity together with the name of the essential content of the desired Treaty or the desired certificate, or 2 an application for granting of the minimum access package together with the name of the essential content of the desired Treaty or the desired instrument to contain.

(3) the allocation body, the desire was made, has the rail-Control Commission to submit the relevant for the decision on complaint information, in particular correspondence with all involved allocation body, within one week after the request through the Rails-Control Commission. The same applies to the fee-uplifting place if not concluded an agreement on the desire for financial arrangements. The rail Control Commission may use this relevant information only for the decision on the appeal.

(4) Commission having Schienen-control to initiate investigation within one month after receipt of the complaint, to request, where appropriate, relevant information and discussions with the allocation body responsible for the assignment, charge gathering where the complainant to initiate infrastructure capacity authorized and the infrastructure capacity entitled, the coveted Zugtrasse has been assigned to the. Within one of the parties from the rail Control Commission previously specified, reasonable period, but not later than within a period of six weeks after receipt of the required relevant information, has to decide the rail Control Commission decision.

(5) the complaint, with the allocation of infrastructure capacity is sought, is to be held, if the statutory requirements for the allocation of infrastructure capacity and coveted; in this case, the allocation of infrastructure capacity and coveted by the to-do the appeal decision to be made, which replaces a written contract or the creation of a document on the allocation of railway infrastructure capacity has; the decision has all the conditions with regard to the administrative, to include technical and financial arrangements. Has been assigned the coveted infrastructure capacity already one other infrastructure capacity authorized by the allocation body, the rail Control Commission has at the same time the contract or the certificate with the or with the assignment of coveted capacity on this roadway capacity authorised was to explain decision wholly or partly for ineffective.

(6) the complaint, with the granting of the minimum access package is requested, is to be held at the legal conditions for the granting of the minimum access package; in this case, the granting of the minimum access package by the to-do the appeal decision to be made, which replaces the conclusion of a contract or the creation of a document concerning the granting of the minimum access package has. the decision has all the conditions with regard to the administrative, to include technical and financial arrangements.

(7) a decision adopted in accordance with paragraph 5 and 6 does not preclude a time later completion of a written contract or a time later creation of a document relating to the allocation of infrastructure capacity or for the granting of the minimum access package between the complainant and the allocation body."

99. paragraph 73 with headline:

"Complaint against an operator of facilities

73. (1) the desire of a railway transport company on granting of access to facilities, including rail access, and on granting of services addressed to the operator of facilities is rejected or agreement between the operators of facilities and the railway undertakings is not concluded within a reasonable period of time, may raise the railway undertaking Commission complaint to the rail control. The appeal has to be made in writing and to contain a request for provision of access to facilities, including rail access, and on granting of services together with the name of the essential content of the envisaged treaty.

(2) the operator of service facilities, the desire was made, the rail Control Commission to submit relevant information required for the decision on the complaint within one week after the request by the rail Control Commission.

(3) the rail Control Commission may use this relevant information only for the decision on the appeal.

(4) the rail Control Commission to initiate investigation within one month after receipt of the complaint, to request, where appropriate, relevant information and to initiate talks with the operators of the service facility and the railway undertakings. Within one of the parties from the rail Control Commission previously specified, reasonable period, but not later than within a period of six weeks after receipt of the required relevant information has to decide the rail Control Commission decision.

(5) the complaint, which seeks the granting of access to service facilities, including rail access, and the provision of services, is at the legal conditions for the granting of access to service facilities, including rail access, and the granting of services to grant; in this case which has replaced coveted granting of access to facilities, including rail access, and the coveted grant of services by the decision to be made, do the complaint concluding a written contract about it; the decision has all the conditions with regard to the administrative, to include technical and financial arrangements.

(6) a proven demand is based on a desire to have access to a service facility, including the rail access, and the granting of services provided in a such facilities, a viable alternative does not exist and could not be met so desire, because the operators of the service facility does not have the required capacity, the rail Control Commission with the notification be completed the complaint has



1. agreements on the granting of access to this service facility, including the rail access, and the granting of services provided in the service facility, or documents, in which is the granting of access to this service facility, including the rail access, and the granting of services provided in the service facility documented, to change in a way, hence the complaining railway undertakings a for required authority considers , an appropriate part of existing capacity can be allocated to, and 2. access to the service facility, including the rail access, and services to provide in establishing service provided the other railway undertakings, where the notice replaced a contract written in; the decision has all the conditions with regard to the administrative, to include technical and financial arrangements.

(7) a decision adopted in accordance with paragraph 5 and 6 does not preclude a time later a contract on the provision of access to service facilities, including rail access, and the granting of services between the other railway companies and the operators of facilities."

100th Article 73a along with heading is as follows:

"Submission of contracts and documents

section 73a. (1) the assigning authority is obliged, within one month after conclusion of the contract or deeds of Schienen-Control Commission to submit contracts or created documents on the allocation of infrastructure capacity and contracts or created documents for the granting of the minimum access package. The contracts on the allocation of infrastructure capacity and agreements concluded concerning the granting of the minimum access package are in the case of article 62 par. 3 immediately by the allocation body to present the railway infrastructure companies; has the allocation body perceived not the function of a charge gathering place, the contracts of also the charge gathering place are immediately from the allocation body to submit.


(2) para 1 first sentence also applies to operator of a service facility with regard to contracts for the provision of access to service facilities, including rail access, and the granting of services or with regard to documents, where the granting of access to service facilities, including rail access, and the provision of services are documented."

101. paragraph 74 including headings:

"Article 5

Competition monitoring, market observation

Monitoring of competition

74. (1) the rail Control Commission has on complaint entitled to infrastructure capacity, or railway undertakings as well as officio



1. an allocation body with regard to the allocation of infrastructure capacity, and with regard to the granting of the minimum access package in the case of action contrary to a the provisions of 6 to impose part or a behaviour corresponding to the directly applicable European Union law, governing the regulation of the rail transport market legislation or to prohibit non appropriate behavior or 2 a pay soaring authority with regard to the decision on the amount of way fee payable , the granting of Wegeentgeltnachlässen and the levying of charges in the case of action contrary to impose part or a behaviour corresponding to the directly applicable European Union law, governing the regulation of the rail transport market legislation to the provisions of the 6th or prohibit not appropriate behavior or 3. of action contrary to a railway infrastructure company with regard to the exercise of access to the railway infrastructure by a person entitled to access and use of a granted minimum access package through a legitimate access in case the provisions of the 6th part or the directly applicable European Union law , appropriate legislation governing the regulation of the rail transport market behavior to impose or to prohibit non appropriate behavior or 4 an operator of facilities with regard to the granting of access to service facilities, including rail access, and the granting of services in the event of actions contrary to the provisions of 6 to impose appropriate behavior part or the directly applicable European Union law, governing the regulation of the rail transport market legislation or to prohibit not appropriate behavior or 5. a the provisions of the 6th part or the directly applicable European Union law that legislation governing the regulation of the rail transport market not appropriate network statement, to explain fully or partly ineffective contracts or documents, or 6 citing network terms of service, which are explained entirely ineffective or are appealing to those parts of the network statement, declared invalid, to prohibit, or 7 the addition of network statement by particulars or information to apply, which in this contrary to the provisions of the 6 part or the directly applicable European Union law , the legislation governing the regulation of the rail transport market are not included or are invalid due to an invalid Declaration, or 8 to determine whether in draft form this rail network terms and conditions not would correspond to the provisions of the 6 part or the directly applicable European Union law, governing the regulation of the rail transport market legislation, or to explain 9 contracts or documents on the allocation of infrastructure capacity or the granting of the minimum access package for ineffective , if has the railway infrastructure companies, which signed the contract or created the document, contrary to § 62 para. 3 the function of an allocation body and violates article, the function of a charge gathering place has exercised 62 b paragraph 3 or 10 organized contracts for access to service facilities, including rail access, and the granting of these facilities to service deliverables for ineffective to explain when the contract of a covered by section 62a para 2 operators of facilities has been completed and this according to section 62a, paragraph 2 or 11 a charge gathering place or if a railway infrastructure company itself exerts this, the function of a charge gathering place, collect a reasonable fee for unused capacity in accordance with § 67i to apply.

(2) in a proceeding referred to in paragraph 1 have those against whom the procedure is undertaken, all the information relevant for the decision, in particular correspondence with complainants, infrastructure capacity, legitimate or railway undertakings to submit Commission after request by the rail control. For the rail Control Commission has a proper, a month not exceeding time limit to be set. The rail control has on timely request to extend Commission if circumstances preclude the timely template of the requested relevant information this deadline for a period not exceeding two weeks.

(3) the rail Control Commission to initiate investigations in the case of an appeal within one month after receipt of the complaint, to request, where appropriate, relevant information and to initiate conversations with the complainant and those against which the complaint is directed. Within one of the parties from the rail Control Commission previously specified, reasonable period, but not later than within a period of six weeks after receipt of the required relevant information has to decide the rail Control Commission decision.

(4) the responsibilities of the cartel Court remain unaffected."

102. paragraph 74a together with the heading:

"Market observation

section 74a. (1) the rail Control Commission is the market observation to determine the development of competition in the Austrian rail transport market.

(2) allocation body, pay-uplifting, operators of facilities, railway infrastructure companies and railway companies which have Schienen-control of this Commission for market observation to determine the development of competition in the Austrian rail transport market, including the impact on passengers and customers, to provide necessary and requested by you data completely within reasonable period of time.

(3) the Schienen-control GmbH has Statistics Austria the Federal Agency at the request thereof to submit those data that no. 142/1983, for the creation of the rail transport statistics are required for road and rail statistics act, Federal Law Gazette. "This is section 10 of the Federal Statistics Act 2000, Federal Law Gazette I no. 163/1999, to apply."

103. Article 75 with heading: eliminates.

104. paragraph 75a including the heading:

"Access rights to other railways

75a. (1) the provision of railway transport services in public transport to or from freight terminals, ports or other facilities, if the latter serve not only the own freight on a siding, be carried out only through the exercise of access on a siding, can has the performing such a railway railway undertaking to grant access to its siding by allocation of infrastructure capacity on non-discriminatory, proportionate and transparent terms for this purpose and in order to access this access under the in section 58 requirements laid down the minimum access package listed in § 58 under To grant the exclusion of discrimination. The allocation of railway infrastructure capacity and the granting of the minimum access package is in the form of a written contract to be carried out.

(2) can be done only through the exercise of access on a siding of other railway undertakings the provision of rail transport services by a public railway to a siding or a siding to a public railway on the basis of the investment conditions, so have the other railway undertakings be operated this siding



1. the railway company operating the siding and 2. railway undertakings that are entitled to the provision of rail transport services on the public railway to give access to these sidings for the purpose of provision of railway transport services in transit through allocation of infrastructure capacity on non-discriminatory, proportionate and transparent terms and to grant the minimum access package, excluding any discrimination stated in § 58 standardized requirements in § 58 in order to access this access, under the. The allocation of railway infrastructure capacity and the granting of the minimum access package is in the form of a written contract to be carried out.


(3) to access according to paragraphs 1 and 2, the provisions relating to the regulation of the rail transport market including the appeal possibility of access authorized railway undertakings to the rail control are you receive Commission and the rights of Schienen-Control Commission according to §§ 74 and 84a to apply. For cases of access according to paragraphs 1 and 2 the rail control may grant on application by the railway undertaking be operated the siding Commission relief from the obligations arising from the provisions relating to the regulation of the rail transport market, as far as thereby is compromised not the purpose of the Regulation (article 54). Such improvements are in particular to grant, to the extent that for the track or the section exist no desire to access by third parties. When granting relief are taken into account if they do not preclude the purpose of the regulation. any existing contractual arrangements for the use of the route or the route part"

105. in section 75b subsection 1, the words "Rail services" shall be replaced by the words "Rail services".

106. the designation and the headings are before section 76:

"6 c. part

Schienen-control GmbH

Schienen-control GmbH is founded"

107. paragraph 77 paragraph 1:

"(1) the Schienen-control GmbH you are whether in addition to the 2, 5 and 6 c. Part of this Federal Act assigned responsibilities (particularly sections 74a para 3, 78a, 78 c and 84 paragraph 3) or responsibilities assigned by other federal laws following tasks:



1. the monitoring respect of deployment compared to the rail control existing Commission and template obligations the allocation body charge gathering bodies, entitled to infrastructure capacity, railway infrastructure companies, railway undertakings, other railway companies and operators of facilities;

2. the Executive Board for the rail Control Commission (article 81 paragraph 3);

3. the activity of a conciliation board;

4th annual survey data, which requests the European Commission for purposes of market surveillance, in particular, on the one hand about the use of the Austrian railway system and on the other hand those on the evolution of the framework conditions in the rail sector; Providing this data to the European Commission;

"5. performance of duties of Schienen-Control Commission on their behalf, if she Commission is authorized by the rail-control (§ 81 para 4)."

108. paragraph 77 paragraph 5:

"(5) the Schienen-control GmbH has to meet all organizational arrangements can fulfil their tasks and the rail Control Commission the independent execution of their tasks to allow;" Requirements of the rail control must be considered. regarding the human resources necessary for the independent performance of their duties, and the necessary expenses of the thing"

109. paragraph 78 para 1:

"(1) the Schienen-control GmbH has in the regulatory process the General Administrative Procedure Act 1991 - AVG, to apply Federal Law Gazette No. 51/1991,."

110. in paragraph 78, par. 3 and 4 are eliminated.

111. in the section 78a, paragraph 1, the word "Rail services" is replaced by the word "Rail services". 

112. According to § 78c, the following section 78B and heading shall be inserted:

"Disclosure requirements

§ 78B. "Railway infrastructure companies and railway companies have of Schienen-control GmbH upon request the information to give that are necessary for your transferred full of railway legal regulations, as well as this and the of their representative to the verification of compliance with the railway-legal obligations conferred on it for the full request the necessary information to give and to give a show in the records and books."

113. in article 79 paragraph 4 is outline labeled (5); the following paragraph 4 (new) shall be inserted:

"(4) the Federal Minister for transport, innovation and technology to take care has, that a transparent selection procedure is based on the appointment as the Managing Director."

114. According to section 79, following sections 79a and 79B including headings shall be inserted:

"Declaration of the Managing Director

Section 79a. (1) the Managing Director of Schienen-control GmbH



1 have to be always regardless of all market interests in the railway sector, 2 may be involved in infrastructure capacity authorized or operators of facilities in any form on railway infrastructure company, assignment, charge-gathering bodies, and 3 can be entitled to infrastructure capacity or operators of facilities in any contractual relationship with rail infrastructure company, assignment, charge-gathering bodies, the conclusion of agreements concerning the carriage of their person, their luggage or their goods is excluded.

(2) the Managing Director of Schienen-control GmbH have to submit each year whose Board of Directors:



1. a declaration where they undertake to comply with the requirements in para 1;

2. a declaration of their interests in which they have to specify any direct or indirect interests which might be viewed as compromising their independence and that could affect the perception of her occupation as Managing Director.

Professional disqualification

section 79 b. For a period of one year after termination of the activity of the Managing Director former CEO of Schienen-control GmbH in railway companies, railway infrastructure company, allocation body, pay-gathering bodies and operators of facilities may not hold a professional position, or professional responsibilities."

115th in the article 80 para. 1 and 2 the word "Railway infrastructure" is substituted with the word "Railway infrastructure".

116. the designation and the headings are from article 81:

"7th part

Regulatory authority

"Setting up the rail Control Commission"

117. section 81 ABS. 2 and 3 are:

"(2) the rail Control Commission the responsibility you in the 2nd, 3rd, 5th to 6B., as well as in responsibilities assigned to the 9th part of this Federal Act (§ 13 para 4 to 6, 22 b, 53 c, 53f, 55, 57, 57 c, 62a, 64 para 5, 65e para 4, 67d, 68a, 72, 73, 74, 74a, 75a para 3, 75e, 78 b, 84 b, 84 c, 154 and 164)." In matters pertaining to the sections 77, par. 3 and 80 paragraph 1 is objectively consider upcoming federal authority within the meaning of §§ 5 and 68 AVG. Enforcement of her assignments, it is entitled to grant injunctions decision.

(3) the management of the rail Control Commission is of Schienen-control GmbH. In the scope of their activities for the rail Control Commission is bound the staff of Schienen-control GmbH the instructions on the one hand of the Member shall be in Chair or substitute member acting in its place and on the other hand for individual day-to-day banking of the member specified in the rules of procedure for that purpose or replacement member acting in his place."

118. section 81Abs. 4 receives the outline description (5); the following paragraph 4 shall be inserted after paragraph 3:

"(4) if it is located in the interest of expediency, quickness, simplicity and cost savings, the Schienen-control GmbH of Schienen-Control Commission are empowered can in § 13 para 4, perceive 65 para 5 and 8, 65 b paragraph 1, 68a, 74a para 1, 84 b, 84 c para 1 to 3 tasks on their behalf. The Schienen-control GmbH to carry out such tasks through individual cases, should be empowered, this shall by regulation the Schienen-Control Commission to be made."

119. paragraph 82 paragraph 1:

(1) Commission Schienen-control consisting of three members. For each Member, order a replacement member. The substitute member occurs in preventing a member in his place. A member and the alternate member appointed for this member have to belong to the judiciary. The remaining members and the substitute members appointed for them have to be experts in the relevant areas of transport or for other network-related areas. The members and alternate members are on proposal of the Federal Ministry of transport, innovation and technology of the Federal Government to order. A transparent selection procedure underlying has the respective orders."

120. According to article 82, 82a following sections and 82 b along with headings shall be inserted:

"Declaration of members and alternate members

section 82a. (1) the members and alternate members of Schienen-Control Commission



1 have to be always regardless of all market interests in the railway sector, 2 may be involved in infrastructure capacity authorized or operators of facilities in any form on railway infrastructure company, assignment, charge-gathering bodies, and 3 can be entitled to infrastructure capacity or operators of facilities in any contractual relationship with rail infrastructure company, assignment, charge-gathering bodies, the conclusion of agreements concerning the carriage of their person, their luggage or their goods is excluded.

(2) the members and alternate members of the rail control have Commission of the Federal Government to submit annual:



1. a declaration where they undertake to comply with the requirements in para 1;

2.

a declaration of interests, in which they have to provide any direct or indirect interests which might be viewed as compromising their independence and that Commission could affect the exercise of their activity in the rail control.

Professional disqualification

Article 82 b. Commission for a period of at least one year after the termination of their membership in the rail control are allowed their former members and alternate members for railway companies, railway infrastructure company, assignment, charge gathering bodies and operators of services neither hold a professional position, yet professional responsibilities."

121. paragraph 84 subsection 1:

"(1) the rail Control Commission in the administrative procedure the AVG, in the criminal proceedings the VStG and in enforcement proceedings the administrative enforcement Act 1991 - German insurance contract law, BGBl. No. 53/1991, to apply."

122. in article 84, paragraphs 2 to 6 get the designation "paragraph 4 to 8"; referred to in paragraph 1 shall be inserted following paragraph 2 (new) and paragraph 3 (new):

"(2) a member or a substitute member entrant in its place has to explain when a year was before the commencement of the proceedings in a direct or indirect connection with parties or involved in proceedings relating to the regulation of the rail transport market in an administrative procedure for biased.

(3) the Schienen-control GmbH is in the form of a decision to publish issued by decisions of Schienen-Control Commission concerning the regulation of the rail transport market on its Internet site."

123. in the section 84, paragraph 5 (new) and 6 (new) the phrase "in accordance with sections 72, 73, 74" is replaced by the phrase "in accordance with §§ 57, 57 c, 72, 73, 74".

124. paragraph 84 paragraph 7 (new):

"(7) § 34 paragraph is 1 first set VwGVG with the proviso to apply that on appeals against decisions of the rail Control Commission which pursuant to §§ 57, 57 c, 72, 73 and 74, as far as there is a connection with these terms and conditions, also in accordance with section 81, paragraph 2 adopted, without undue delay, but no later than two months after their receipt to decide is."

125. According to article 84, paragraph 8 (new) the following paragraph 9 is added:

"(9) Notwithstanding § 1, paragraph 1, of the administrative enforcement Act 1991 - VVG, Federal Law Gazette I no. 53/1991, is whether the rail Control Commission enforcement notices even adopted her in matters of regulation of the rail transport market."

126. According to § 84, 84a following sections are inserted until 84 d including headings:

"Disclosure requirements

§ 84a. (1) the allocation body, pay-gathering bodies, operator of a service facility, infrastructure capacity authorized, railway infrastructure companies and railway undertakings have Schienen-Control Commission on request to provide the information that are required for your transferred full of rail-legal regulations. In addition to these respondents, third parties who are affected by the regulation of the rail transport market, the rail Control Commission also have to issue information that are required for your transferred full control of the 6 part.

(2) for the granting of the requested information the Schienen-Control Commission has a reasonable, but not more than one-month deadline to set. On request in a timely manner, this period can be extended if exceptional circumstances of timely information stand in the way to a period of not more than two weeks.

(3) the allocation body, pay-gathering bodies, operator of a service facility, infrastructure capacity authorized, railway infrastructure companies and railway undertakings have the rail Control Commission and the by their representative on request to give a show, if this Commission is necessary transferred full of rail-legal regulations for the rail control in the records and books.

Consultation of users

§ 84 b. Schienen-Control Commission has representatives of the users of services in the areas of rail freight transport and passenger transport by rail regularly, at least every two years to consult in order to ascertain their views on the development of the rail market.

Cross-border cooperation

§ 84c. (1) the rail Control Commission has to take part in the activities of the network formed by the regulators as a member of this network.

(2) which has Commission Schienen-control in this network through their activity, on decision principles of decision-making practice, to inform about important issues in the course of administrative proceedings, and about problems in the interpretation of applicable law of the European Union.

(3) the rail Control Commission has with the others to work involved regulators on the network as members, to coordinate decisions throughout the European Union.

(4) the rail Control Commission has with the others to work together as members of the network regulatory bodies involved in the context of market surveillance, the European Commission and in the way of official assistance in regulatory and competition authorities procedure if subject to this procedure is the allocation of cross-border train.

(5) the rail Control Commission in a regulatory - or competition-administrative proceedings to decide the allocation of train paths in Austria, which are part of a cross-border Zugtrasse, the subject of which she has previously listen to the regulatory authority in the Member State of the European Union, on whose territory is part of the cross-border Zugtrasse.

(6) if the rail Control Commission from a different regulatory authority in a regulatory - or competition-administrative proceedings, the subject of which is the allocation of cross-border train paths that are also on Austrian territory, belongs to, she has this body at its request also that information to grant that to catch up with them in a carried out by her similar administrative procedures of allocation body and charge gathering bodies is entitled. The allocation body and charge gathering bodies have Commission of Schienen-control to submit relevant information necessary for such a disclosure.

Announcement of regulations of Schienen-Control Commission

section 84 d. Schienen-control regulations are to be published by Schienen-control GmbH on its Internet site. Commission"

127. in § 86 para 2 subpara 1 lit. a) and subpara 2 lit. (a) is replaced by the word "Rail services" the word "Rail services".

128. in § 92 para 2 first sentence is replaced by the expression "Federal Minister for science, research and business" the expression "Federal Ministry of economy, family and youth".

129. the section 102 are attached following paragraph 3 and 4:

"(3) in the in the paragraph 1 Z 1 listed cases has the Federal Minister of transport, to submit a list of projects in advanced stages of development innovation and Technology Commission within one year after entry into force of each TSI.

(4) projects in advanced stages of development are those whose planning or construction is so far advanced that a change in the underlying the projects technical specifications would be unacceptable. This in acceptance can be legal, contractual, economic, financial, social or ecological; She must be justified sufficiently by the Federal Ministry of transport, innovation and technology on presentation of the list of projects in advanced stages of development."

130. in paragraph 103, para 3 and 4 get the outline symbols (4) and (5); the following paragraph 3 is added:

"(3) contracting authorities within the meaning of paragraph 2 is, who"



"1. the elaboration of the draft of a new subsystem or the construction of a new subsystem, 2. the renewal a subsystem or 3. upgrading a part of system in order are, such as a railway undertaking, a holder or a contractor that is mandated with the implementation of such a project."

131. § § 110 and 111 together with headings are:

"Contents of register

The main features of each subsystem or part thereof and their compliance with the characteristics prescribed by the applicable TSIs are § 110. (1) in the infrastructure register for the railways falling under the scope of this part of the law to represent. The register has the information to include, depicting in the TSI are prescribed for this purpose.

(2) the register of infrastructure is to build the common requirements of the European Commission for a national register of infrastructure of the rail infrastructure services company mbH and to lead, including the required updates.

(3) in accordance with the requirements of this specification, mbH also the required data by the railway undertakings to submit are the rail infrastructure services company. The rail infrastructure Dienstleistungsgesellschaft mbH has to ensure that the Austrian register of infrastructure is connected to the uniform user interface of the European Railway Agency.

Publication of the register


section 111. The rail infrastructure services company mbH has to publish the infrastructure register on their website."

132. in article 126 par. 2 of the introductory part is as follows:

"By way of derogation from paragraph 1 Z 2 a driver may independently operate a locomotive for subsequent driving on such railways and use, which are not stated in his certificate, if chooses the railway undertaking he belongs, beside him, a driver sits in its certificate, this railway is expelled and the rail infrastructure company was previously used by a these ride in knowledge :“

133. paragraph 130 together with the heading:

"Jurisdiction

Section 130 (1) responsible for the issuance of a licence for the update of particulars of driving licences, for the renewal of a driving licence or for the issuance of a duplicate of the licence, as well as for the withdrawal of a licence and the suspension of a driver's licence is the rail infrastructure Dienstleistungsgesellschaft mbH. It has to apply during the administrative procedure the AVG.

(2) the Federal Minister for transport, innovation and technology can give instructions to exercise their jurisdiction mbH of rail infrastructure services company. "In the matters referred to in paragraph 1, the Federal Minister for transport, innovation and technology is objectively consider upcoming federal authority within the meaning of §§ 5 and 68 AVG."

134. paragraph 146 and title:

"In-house checks"

146. (1) railway undertakings have to set up a system for monitoring their drivers.

(2) the railway undertaking has to ensure and to verify that from him on railways used locomotives only by persons be carried independently and operated, who possess a valid driving licence and a certificate valid for that purpose.

(3) the railway company shall ensure that locomotives are carried independently not by train drivers employed by him and operated, if they are located in a State that is impaired by drugs, alcohol, or drug and disease.

(4) the railway undertaking has to check whether the holder of a certificate has still the necessary related rolling stock and railway-related expertise as well as the necessary language skills at regular intervals. The frequency of these checks is to lay down but that to comply with specified minimum frequency being in annex VII to Directive 2007/59/EC within the framework of the security management system. The check that these skills are still extant, this is hold by the railway undertaking by an endorsement on the certificate itself and a corresponding entry in the certificate register.

(5) is knowledge or a medical communication over a deterioration of the health of a driver, the result of an audit of a driver, the result of a review pursuant to subsection 4 or the failure to observe of a review pursuant to paragraph 4 which vocational qualification, whose professional suitability, the presence for the exhibition of his driving licence or the existence of the conditions necessary for the issue of his certificate in question that the railway undertaking has to produce a legally-compliant State relating it to take necessary measures without delay. Also has the railway undertaking to verify whether the conditions for issuing the certificate still exist and, if necessary, to suspend or withdraw.

(6) knowledge or a medical communication over a deterioration of the health of a driver, as well as the result of an audit of a driver is the existence of the necessary conditions for the granting of its licence in question, or a driver is already more than three months unable to work, has. the railway undertaking to inform the rail infrastructure Dienstleistungsgesellschaft mbH immediately"

135. the existing text of § 147 receives the sales designation (1); the following paragraph 2 is added:

"(2) the railway undertaking has mbH with a driver immediately to announce the termination of his employment the rail infrastructure services company."

136. According to section 147, the following section 147a and heading shall be inserted:

"Regulatory review

§ 147a. (1) the Federal Minister for transport, innovation and technology is authorized to check whether the independently leading the locomotive and use driver leads a valid driving licence and a valid certificate with them also in vehicles.

(2) in the case of negligent behaviour of a driver at his workplace is authorized to check whether the concerned driver still has related to rolling stock and railway-related expertise required for its attestation, as well as the necessary linguistic knowledge innovation and technology, the Federal Minister of transport.

(3) a driver used to separate run and operate a traction, which represents a significant threat to the safety of operation of the railway and the safety of operation of rail vehicles on a railway here, the Federal Minister of transport has immediately to have the measures necessary for the Elimination of this threat to innovation and technology. In particular, he has to ask the railway company immediately discontinue the use of the concerned driver, to prohibit the independent carrying out and control of locomotives the concerned driver or to request a railway infrastructure company, to stop a train whose locomotive of a such driver is independently run and operated. The Federal Minister for transport, innovation and technology has to inform the European Commission and other licence affairs authorities of the other Member States of the European Union and the other parties to the agreement on the European economic area by the imposed measures. The decision, with which the necessary measures were enacted, should be repealed if the reasons no longer exist for its enactment.

(4) the Federal Minister for transport, innovation and technology is examining perform to verify whether the railway company to comply with the provisions of §§ 141 to 147.

(5) the Federal Minister for transport, innovation and technology determines that a driver attached to the self-employed run and operate a traction to a railway does not meet the requirements for the issue of his certificate, he has the railway undertaking, which has issued the certificate to contact and to require either an additional control or the suspension of the certificate, stating the reasons. The railway undertaking has to review the request within four weeks and be communicated its decision on the request to the Federal Minister for transport, innovation and technology. Until the receipt of the notification of the decision taken is the Federal Minister of transport, innovation and technology empowered, the concerned driver independent driving and prohibit operating locomotives."

137. According to article 150, paragraph 3, the following paragraph 4 is added:

"(4) expert examiners, occupational physicians, occupational health centers, clinical psychologists or health psychologists have in some cases of assessing the occurrence in the § 7 Z 1 to 3 AVG reasons, especially in the presence of conflicts of interest, to contain."

138. According to § 150, the following section 150a and heading shall be inserted:

"Review, limitation of the power of review, revocation of appointment

§ 150a. (1) the Federal Minister for transport, innovation and technology is empowered to carry out investigations to check whether he ordered expert examiners still meet the requirements for your order.

(2) the Federal Minister for transport, innovation and technology is empowered to carry out investigations to check whether are expert examiners, occupational physician, occupational health centers, clinical psychologist or health psychologists of review be included in § 7 Z 1 to 3 AVG reasons, especially in the presence of conflicts of interest, the.

(3) be more partially fulfilled the conditions for the appointment of an expert auditor, and his review powers can be restricted, associated with his appointment as the expert examiner assessment authority of the Federal Minister for transport, innovation and technology is either its own initiative or at the request accordingly restrict.

(4) the appointment of an expert auditor is by the Federal Minister of transport, to revoke innovation and technology if the appointed professionals auditing firm no longer fulfils the conditions for its order entirely."


139. in the article 152, paragraph 1 is replaced "Union law" "community" by the word.

140. According to article 155, 155a the following paragraph with heading shall be inserted:

"Checking, constraint and setting training operation

section 155a. (1) the Federal Minister for transport, innovation and technology is empowered to conduct investigations to verify whether the driver training facility is operated the permit accordingly and still are the prerequisites for the granting of authorisation for the operation of the driver training facility.

(2) the conditions for the approval of the operation of a driver training facility to teach skills and capacities more partially meet the for obtaining a driving licence, or for the obtaining of a certificate and the operation of the driver training facility can be restricted, the operation of the driver training facility by the Federal Minister of transport is either its own initiative or at the request of the owner of the driver training facility to restrict innovation and technology.

(3) the Federal Minister for transport, innovation and technology has the operating of a driver training facility for the provision of necessary knowledge for obtaining a driving licence, or for the obtaining of a certificate of and skills set, if the criteria for authorisation for operation of the driver training facility entirely no longer exist."

section 141. The following 8th and 9th main piece is attached to the 9 part:

"8 main piece

Train drivers Affairs with foreign elements

Foreign driving licence

section 161a. (1) determines the Federal Minister for transport, innovation and technology that a driver attached to the self-employed run and operate a traction on an Austrian railway, is the holder of a valid driving licence issued by a competent authority in another Member State of the European Union or in another Contracting Party of the agreement on the European economic area, does not qualify for an exhibition of a driver's licence required , he has to contact this authority and to demand an additional control or the suspension of the licence, giving reasons These are the European Commission and everyone else for the issuing of licences to inform competent authorities in the other Member States of the European Union or in another Contracting Parties of the agreement on the European economic area.

(2) the Federal Minister for transport, innovation and technology is empowered to prohibit the self-employed run and operate locomotives on Austrian railways with notice to the concerned driver. After the receipt of the communication of the contacted authority, as has been decided on his request, he has the decision to repeal.

(3) the Federal Minister for transport, innovation and technology of the legal opinion that the decision by the contacted him, responsible for the issuing of licences authority of another Member State of the European Union or another Contracting Party of the agreement on the European economic area is inaccurate, is he has the European Commission the matter to deal with. He has the power to prohibit the self-employed run and operate locomotives on Austrian railways with notice to the concerned driver in this case. After completion of the matter by the European Commission, he has the decision to repeal.

Domestic driving licence

section 161 b. Is contacted the rail infrastructure services company mbH by one for issuing licences competent authority of another Member State of the European Union or another Contracting Party of the agreement on the European economic area, giving reasons with the desire, an issued by you, valid driver's licence for a drive, leading on railways in the State of the contacting authority locomotives independently and operated to suspend or carry out controls , because the relevant driver no longer fulfils the requirements for the issuance of a licence, the rail infrastructure services company has mbH to examine the request within four weeks and to notify the contacting authority of its decision on the request; by this decision, the European Commission and the other for the issuance of a licence are to inform the competent authorities of the other Member States of the European Union or of the other Contracting Parties of the agreement on the European economic area.

Foreign certification

§ 161c. (1) the Federal Minister for transport, innovation and technology determines that a driver attached to the self-employed run and operate a traction on an Austrian railway, has a valid certificate that has been issued by a railway undertaking established in another Member State of the European Union or in another Contracting Party of the agreement on the European economic area, meets not the requirements for an an attestation , he has to contact this railway undertakings and to require either an additional control or the suspension of the certificate, stating the reasons.

(2) the Federal Minister for transport, innovation and technology is empowered to prohibit the self-employed run and operate locomotives on Austrian railways with notice the concerned driver; by this ban, the European Commission and the other for the issuing of licences are to inform the competent authorities of the other Member States of the European Union or of the other Contracting Parties of the agreement on the European economic area. After the receipt of the communication of the contacted railway company, as has been decided on his request, he has the decision to repeal.

Domestic certificate

section 161B. Will be contacted a railway undertaking by a competent for issuing licences authority of another Member State of the European Union or another Contracting Party of the agreement on the European economic area, giving reasons with the desire, a statement issued by him for a driver, on railways in the State of the contacting authority locomotives independently leading and served, suspend or carry out controls , because the relevant driver no longer fulfils the conditions required for the issue of a certificate, the railway undertaking four weeks has to verify the request and to notify the contacting authority of its decision on the request.

9 main piece

Miscellaneous

Independent assessment

§ 161e. (1) the Federal Minister for transport, innovation and technology, has to officially seek advice at intervals not exceeding five years which include an independent assessment of the procedures for the acquisition and assessment knowledge required for the activity of a driver and skills, as well as the system for the issuance of the licence and the issuance of certificates. Activities covered by safety management systems are excluded from the independent evaluation.

(2) the experts ordered for the creation of reports have it especially qualified to be, and they must not act in areas that are subject to the independent evaluation. The Federal Minister for transport, innovation and technology has to submit a copy of the certificates to the rail infrastructure services company mbH. It has under its jurisdiction to ensure that documented deficiencies will be corrected in the opinion.

Monitoring in the framework of a system of quality standards

§ 161f. All activities that are assessing their skills and the updating of licences and certificates relating, such activities not already by the safety management systems of the railway infrastructure companies are constantly to monitor, unless the provider of the activities in the framework of a system of quality standards and the railway undertakings are covered with the training of train drivers. The Federal Minister for transport, innovation and technology has this determination to monitor compliance."

142. in paragraph 163, no. 2 the word "Rail services" is replaced by the word "Rail services".

143. paragraph 164:

"164. (1) commits an administrative offence and is by the rail control with a fine to punish Commission up to EUR 7 000, who"



1 paragraph 2 does not comply with the obligation according to § 53 c, 2. the duty according to § 53d does not comply with, 3. ignored the provisions on accounting in § 55 para 2 and 3 4.

contrary to article 55 par. 5 of the rail Control Commission not aemilianus all relevant information, 5 the information obligation pursuant to § 57 c paragraph 5 does not comply, 6 contrary to section 59, paragraph 1, of the commitment to the creation and publication of network statement in the German language and in another official language does not comply with the European Union, the rail network terms of service not up to date keeps 7 contrary to article 59 paragraph 2 , acquiring the network statement does not allow 8 contrary to article 59, paragraph 3, 9 contrary to section 59 para 6 shares with no information on fees and procedures or announces an Internet page where this information is provided free of charge and published in electronic form in publicly accessible way, 10 the obligation according to article 59, paragraph 7 does not comply with, 11 contrary to article 59 paragraph 8 provides the network statement or amendments free of charge in electronic form on the Internet in publicly accessible way or the rail network terms of use, or Amendments not within one month from creation or modification of the rail control provides Commission, 12 violates article 62 par. 3 performs the function of an allocation body or transfers, 13 contrary to § 62 exerts the function of a fee-uplifting point b paragraph 3 transfers, 14 violates article 63 par. 2 transfers allocated capacity or allocated capacity for another type of rail transport service uses than the ones for which capacity has been assigned to him , 15 the obligation according to § 64 paragraph 5 does not comply with 16 contrary to § 65 c the capacity analysis does not perform para 2, 17 contrary to section 65e paragraph 1 creates a plan to increase capacity, 18 contrary to § 68a Commission conducts negotiations about the amount of way fee payable is not under the supervision of the rail control, 19 the obligation under section 73a, paragraph 1 and 2 does not comply, 20 in accordance with article 74, paragraph 1 Z 1 , 2, 3 or 4 untersagtes behavior if not fails, 21 is not according to the according to article 74, paragraph 1 Z 1, 2, 3 or 4 behavior hunted up acts, 22 a decision of Schienen-Control Commission to article 74, paragraph 1 Z 6, 7 or 11 not following makes;

23. a decision which does not result Schienen-control GmbH according to § 77 para 3, 24 violates in § 78B obligation for information or a show, 25 contrary to section 79 held a professional position (b) railway infrastructure company, allocation body, pay-gathering bodies and operators of facilities or professional tasks, 26 a notice of the rail Control Commission to section 81 subsection 2 does not result or 27 contrary to article 82 (b) railway infrastructure companies , A professional position held allocation body, pay-gathering bodies and operators of facilities or carries out professional tasks, or 28 against that in § 84a violates obligation for information or a show, 29 violates article information is not granted 84 c para 6 or not submit necessary relevant information.

(2) an administrative offence commits and is to punish Commission up to 36 000 euro, fined by the rail control who



1. Despite the existence of a valid agreement or a final notice according to § 72 para 5 and 6 in fact prevented access to the railway infrastructure or the provision of the minimum access package, 2. Despite the existence of a valid agreement or a final notice according to § 73 para 5 and 6 in fact prevents access to service facilities, including rail access, or the provision of services, or 3. Despite the existence of a valid agreement or a final notice in fact prevents the connection or the shared use 53 c para 5 according to §."

144. paragraph 165 No. 7:



"7. contrary to article 110, paragraph 3, data needed not submitted;"

145. in the section 167, paragraph 1 Z 4 is at the end of a sentence the point by the phrase ", or" replaced.

146. paragraph 170 including heading:

"Referring to acts of the European Union

§ 170. Following legal acts of the European Union are implemented by this federal law:



1 2012/34/CE directive establishing a single European railway area, OJ No. L 343 of the 14.12.2012 p. 32, as amended by the amending OJ No. L 67 of the 12.03.2015 S. 32;

2. Directive 2008/57/EC on the interoperability of the rail system within the Community (recast), OJ No. L 191 of July 18, 2008 p. 01, as amended by the amending OJ No. L 103 of the 22.04.2015 S. 11;

3. Directive 2004/49/EC on rail safety in the community and amending Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure and safety certification, OJ No. L 164 of 30.04.2004 p. 44, as amended by the amending OJ No. L 103 of the 22.04.2015 S. 11;

4. Directive 2007/59/EC through certification of train drivers, the trains and locomotives on the railway system in the community, OJ No L 315 of December 3, 2007 p. 51, as last amended by the 2014/82/CE directive, OJ No. L 184 of the 25.06.2014 S. 11;

5. policy 2012/18/EC on the control of hazards involving dangerous substances, change and subsequent repealing of Directive 96/82/EC, OJ "No. L 197 of the 24.07.2012 s 1."

147. in paragraph 174, the word "Rail services" is replaced by the word "Rail services". 

148. in the article 175, para 1 and para. 2 Z 1 is the word "Rail services" by the word "Rail services" and in paragraph 2 Z 2 the word "Rail services" replaced by the word "Rail services". 

149. in article 175 paragraph 17, second and third sentences is substituted the word "gemeinschaftsrechtlicher" "legal Union" with the word.

150. in paragraph 175, para 11, 13 and 20 are eliminated.

151. According to article 176, paragraph 1, the following paragraph 1a is inserted:

"(1a) for employees of a railway company based in Austria, used for the independent and operation of locomotives on railways in another Member State of the European Union or in another Contracting Party of the agreement on the European economic area in the cross-border traffic, in cabotage freight, and that must have due to the transitional arrangements in para 1 with no licence and no certificate" ", apply the § § 139 and 146 paragraph 4."

152. According to § 176 para 2 are following ABS. 2a and 2B are inserted:

(2a) that mbH has need to have staff of a railway undertaking, which independently lead locomotives on railways stated in § 125 and serve, and as a result of the transitional arrangements in para 2 of no licence and no certificate rail infrastructure services company, to undergo gradual checks that are comparable with the checks provided for in article 139. Such officials are a rail infrastructure services society mbH by the railway undertakings to which they belong, to announce within a reasonable time.

(2B) for employees of a railway company, which independently and operate locomotives on railways stated in § 125, and that must have, as a result of the transitional arrangements in para 2 of no licence and no certificate has the railway undertaking to introduce step by step implementation of inspections which are comparable with the checks provided for in § 146 paragraph 4. "

153. According to article 176a, 176 the following section is inserted b together with the heading:

"Transitional provisions to the Act Federal Law Gazette I no. 137/2015"

§ 176 b. (1) as first guiding strategy in accordance with article 55a is published on the website of the Federal Ministry of transport, innovation and technology strategy for the Federal transport infrastructure development plan for the rail network.

(2) existing financing agreements to the railway infrastructure of the main and networked branch lines, the duration of which extends at least until June 16, 2015, are as far as them 55 b do not qualify pursuant to section, to fit the criteria set out in section 55 b.

(3) the Federal Minister for transport, innovation and technology has to make opinion pursuant to § 161e as soon as possible, but no later than creating expiration of 30 June 2016."

154. paragraph 177 and heading:

"Enforcement

section 177. With the completion of this federal law is



1. with regard to section 70a para 6 of the Federal Minister of finance, 2. fourth in terms of § 82 par. 1 sentence the Federal Government, 3. in terms of section 92 of the Federal Minister for science, research and economy, 4th in terms of §§ 13 par. 7, 40 b, 48 para of 4, 76 par. 3, 80 (2) and 85 of the Federal Minister for transport, innovation and technology in agreement with the Federal Minister of finance ", and 5 with regard to the other provisions of the Federal Minister for transport, innovation and technology."

155. the table of contents is as follows:

"Table of contents

1 part: definitions


§ 1 railways section 1a. Railway infrastructure companies

§ 1 b. railway undertakings article 1 c. Integrated railway undertakings section 1 d. International grouping section 1e. Urban and suburban section 1f. Regional Services section 1 g. International freight transport § 1 h. Cross-border passenger rail service § 2. public railways § 3 non-public railways § 4. main lines, branch lines § 5 trams § 7 sidings § 8 webs § 9 common security methods section 9a. Common safety targets article 9 b. section 10 State of the art railroad section 10a. Railway infrastructure 2. part: responsibilities and duties of the railway authorities


§ 11 decision on preliminary issues § 12 authority jurisdiction section 13 authority tasks § 13a. Annual report § 13 b. 3. safety recommendations part: construction and operation of railways, construction and operation of rail vehicles on railways and transport on railways

1. main piece: concession


§ 14 necessity of concession section 14a. Concession procedure § 14 b. operation opening period, concession period § 14 c. Purchase a railway section 14 d. Extension of the concession period section 14e. Concession withdrawal section 14f. go out the concession 2 main pieces: marketing authorisation


§ 15 necessity of marketing authorisation section 15a. Documentation requirements section 15 on the application of article 15 b. c. Reliability § 15 d. Financial performance section 15e. Professional competence section 15f. decision compulsory section 15 g. Traffic opening section 15 h. Checks § 15i. withdrawal, restriction § 15j. Reporting obligations § 15 k. Go out of the marketing authorisation 3. main piece: road concession


§ 16 necessity of transport concession section 16a. Subject to the application of section 16 conditions § 16 b. c. Traffic opening period section 16 d. Checks Section 16e. Withdrawal, restriction section 16f. go out the transport concession 4 main units: approval for non-public railways


§ 17 necessity of approval section 17a. Approval procedure § 17 b. transport, limited public transport 5 main units: rights of the railway company


18 construction and operating rights § § 18a. Protection against not reasonable intention of article 18 b. expropriation law § 18 c. Tolerating rights § 18 d. Rail replacement services 6 main piece: obligations of the railway company


§ 19 precautions § 19a. Periodic checks of § 19 b. setting reasons section 19 c. Reporting on accidents and incidents § 20 transport systems, water courses section 20a. Enclosures, shelters § 21 Manager § 21a. General arrangements of railway officials article 21 b. independently run and operate a traction § 21 c. Qualified activities § 22a. Tariffs and conditions § 22a. Compensation and conditions of section 22 b. announcement of the conditions of carriage to Schienen-control GmbH § 23 direct clearance, continuous tariff § 24 GemeinwirtschaftlicheVerpflichtungen § 25 approval acts article 26 obligation of the railway undertaking § 27 facilities § 28 setting because of economic unacceptability section 29 conveyance of railway § 30 railway supervisors section 30a. Presence of hazardous substances 7 main piece: construction, modification and commissioning of railroad, not stationary railway safety equipment and commissioning of railway vehicles

1 section: Eisenbahnrechtliche building permit


§ 31 necessity of a railway construction licence § 31a. Application of article 31 b. construction design § 31 c. Oral proceedings § 31d. Touched § 31e interests. Parties section 31f. approval requirements section 31 g. Construction deadline § 31 h. High Court lifting a construction permit 2nd section: approval

1 subsection: rail vehicles


§ 32. necessity of a type-approval in section 32a. Application of § 32 2B. permit requirements § 32 c. Permissions section 32d. Limitation in the type-approval in section 32e. Temporary testing of rolling stock under section 2: railway modern technical facilities


§ 33. admissibility of a type-approval in section 33a. Application of section 33 b. approval requirements § 33 c. Sunset in the component type-approval 3. section: operating permit


§ 34. necessity of operating permit section 34a. Connection with other permits section 34 b. application section 35 granting of the operating permit 4. section: permit free projects

§ 36. 8 main piece: safety certification


§ 37. need for a safety certificate § 37a. Arrangements of the rail transport undertaking § 37 b. issuing security certificates § 37 c. Withdrawal of security certificates § 37d. Reporting obligations 9 main piece: safety approval


§ 38. need for a safety authorisation section 38a. Proof of provision of railway infrastructure company section 38 b. exhibition of the safety authorisation section 38 c. Safety authorisation § 38d. Reporting obligations 10 main piece: safety management systems, safety report


§ 39. introduction of a safety management system article 39a. Purpose of the safety management system section 39 b. essential elements of the safety management system § 39 c. Certification of the safety management system section 39B. Security report 11 main piece: other


§ 40. directory of railway technical areas of expertise section 40a. Work § 40 b. redemption right of Federal § 41. foreign acts section 41a. Decision compulsory § 41 b. evaluation function 3a. Part: riparian provisions, behavior of railroad

1. main piece: riparian provisions


§ § 43. 42. construction ban danger area section 43a. Fire area § 44. Elimination of verbotswidrigen State § 45. Elimination occurring hazards 2. showpiece: behavior within the railway tracks and in rail vehicles


§ 46. behavior within the railway premises § 47. enter if not certain posts by railroad Section 47a. Use of non-public railway transitions section 47 b. railway use end 3rd main piece: other

section 47c. 4. legislation part: crossings with roads, railway transitions

1 main piece: structural transformation of roads, conveyance there railway transitions

§ 48. arrangement of structural transformation and the dissolution 2. main piece: Schienengleiche railway transitions


§ 49. assurance and convergence and translation behavior § 50 image processing end equipment 5 part: linking of railways


§ 53a. Connection and shared use of article 53 b. treatment of connection and shared use desire § 53 c. Complaint to the rail Control Commission section 53d. Template contracts section 53f. competition supervisory 6 part: regulation of the rail transport market

1 part: General


§ 54. purpose of § 54a. Exceptions from the scope of the 6th § of part of 55. segregation measures section 55a. Guiding strategy for the development of railway infrastructure article 55 b. financing agreements to the railway infrastructure 2. showpiece: access to the railway infrastructure, facilities and services

1 section: General information


§ 56. access to the railway infrastructure § 57. beneficiaries § 57a. Infrastructure capacity authorized § 57 b. Requests for infrastructure capacity authorized § 57 c. Operating ban in cross-border passenger transport services § 58. minimum access package section 58a. Facilities section 58 b. access to service facilities, granting of services § 59. network terms and conditions § 60. suspension of train paths § 62. allocation body section 62a. Operator of a service facility § 62 b. fee charging end place 2nd section: allocation of infrastructure capacity


§ 63. allocation principles § 64. regulatory framework § 64a. Cooperation between the allocation body § 65 network timetable compilation § 65a. Infrastructure capacity for regular maintenance section 65 b. coordination procedure § 65 c. Overloaded rail infrastructure § 65d. Capacity analysis section 65e. Plan to increase the section 65f. request infrastructure capacity to the task of train paths § 66. special measures for errors section 3: trail fees and service charges

1 subsection: remuneration principles for the infrastructure charge


§ 67. cost of the train operation section 67a. Remuneration components of capacity bottlenecks section 67 b. environmental impact of the train operation section 67 c. Mean fixing of the way fee 2. subsection: exception from the remuneration principles for the infrastructure charge


§ 67d. Full cost coverage of the way fees § 67e. Higher infrastructure fees for certain rail infrastructure section 67f. way fee rule for certain rail corridors § 67 g. Comparability of way charges 3. subsection: Miscellaneous


§ 67 h. Activity-dependent way remuneration elements § 67i. fee for unused capacity § 68. fixing the way fees § 68a. Negotiations on the amount of way fee § 69. payment of route charges § 69a. Wegeentgeltnachlässe § 69 b. Service charges § 69 c. Information and evidence obligations § 70. cooperation in railway cross-way charging schemes 4. section: treatment of desire, complaint


section 70a. Legal form of § 71. treatment of desire on railway infrastructure capacity allocation and granting of the minimum access package section 71a. Treatment of desire to have access to service facilities and provision of services § 72. appeal against the allocation body

§ 73. complaint against a service facility operators section 73a. Template contracts and documents 5 section: competition monitoring, market observation


§ 74. monitoring of the competition section 74a. Market observation of 6a. Part of: Access on other railways


75a. Access rights on other railways section 75 b. voluntarily granted an access 6B. part: training facilities


section 75c. Access to training facilities § 75 d. Examination, evidence § 75e. Complaint to the rail Control Commission 6c. Part: Schienen-control GmbH


§ 76. establishment of Schienen-control GmbH § 77. tasks of Schienen-control GmbH § 78. procedural provision § 78a. Out-of-court settlement of disputes with customers § 78 b. Declaration of invalidity by the rail Control Commission § 78 c. Activity report § 78B. Information obligations § 79 supervisory Section 79a. Declaration of the Managing Director of section 79 b. profession § 80. expense of Schienen-control GmbH 7 part: regulator


§ 81. establishment of Schienen-Control Commission § 82. composition of Schienen-Control Commission section 82a. Declaration of members and alternate members article 82 b. profession § 83. decision-making and rules § 84. procedural provision § 84a. Information obligations § 84 b. consultation of users § 84 c. Cross-border cooperation section 84 d. Announcement of regulations of Schienen-Control Commission § 85. costs and compensation of members 8 part: interoperability

1. main piece: scope

86. § 2 main pieces: interoperability of the rail system

1 section: General information


§ § 87. 88. interoperability purpose § 89. technical specifications for interoperability (TSIs) § 90. retrofitting § 91. renewal § 92. notified bodies § 93. essential requirements § 94. provision of data 2. section: interoperability constituents


§ 95. definition of § 96. placing § 97. assessment of the conformity or the suitability for use of § 98. EC declaration of § 99. incorrect Declaration of 3 section: subsystems


§ 100th definition § 101. compliance with the essential requirements § 102. non-application of the TSI § 103. EC declaration § 104. EC verification § 105. Special provisions for the granting of the operating permit 4. section: rail vehicles


§ 106. Special provisions for the type-approval procedure § 107. briefing of the European Railway Agency § 108. European vehicle number § 109. registration in the vehicle register 3 main units: infrastructure register


§ 110. contents of the register § 111. publication of the register 4 main units: setting tab


§ 112. establish, maintain and update § 113. content § 114. registration procedure § 115. information about data and information 5 main piece: maintenance of rail vehicles


§ 116. holder § 117. maintenance authority § 118. responsible making of a maintenance authority § 119. Act as a maintenance Office § 120. establishment of a maintenance system § 121. certification of the maintenance system § 122. Special provisions for railway undertakings and rail infrastructure company 9 part: driver

1 part: General


§ 124. driver § 125 scope § 126 requirement to complete a traction § 127. foreign licences 2. showpiece: driver's licence


§ 128. essence of licence § 129. conditions § 130. jurisdiction § 131. application documents for the issuance of a licence § 132. physical fitness § 133. psychological fitness § 134. General knowledge § 135. exhibition, content, and characteristics of the licence § 136th renewal of licence § 137. exhibition a duplicate of the licence § 138. updating the licence § 139. checks § 140. withdrawal and suspension of licence 3. main piece: certificate


§ 141. presentation of locomotives and railways § 142. conditions for the issue of a certificate § 143. exhibition, content, and features of the certificate § 144. procedure § 145 expertise, language skills § 146. intra-company checks § 147. termination of employment § 147a. 4. regulatory review main piece: experts


§ 148. ordering of expert examiners § 149. directory of expert examiners § 150th review power section 150a. Review, limitation of the power of review, revocation of appointment 5 main units: training


§ 151. training method § 152. driver training facility § 153. access to the driver training facility § 154. complaint to the rail Control Commission § 155. reimbursement of training costs section 155a. Checking, constraint and setting training operation 6 main piece: driving licence register


§ 156. establishment and management § 157. contents § 158. information about data and information 7 main piece: certificate register


§ 159. establishment and management § 160 content § 161. information about data and information 8 main piece: drive drivers Affairs with foreign elements


section 161a. Foreign driving licence section 161. domestic driving licence § 161c. Foreign certificate section 161B. Domestic certificate 9 main piece: other


§ 161e. Independent assessment § 161f. monitoring in the framework of a system of quality standards 10 part: final provisions

1. main piece: penalties, administrator order


§ 162. 163. § § 164. § 165. § 166. § 167. § 168.

2. main piece: relation to other legislation, references


§ 169. relationship with other legal provisions § 170. reference to legal acts of the European Union § 171. references § 172. personal names 3. showpiece: transitional provisions, enforcement, entry into force, expiry


§ 173. transitional provisions to the Federal law BGBl. No. 60 / 1957 § 174. transitional provisions to the Act Federal Law Gazette I no. 38/2004 § 175. transitional provisions to the Act Federal Law Gazette I no. 125/2006 § 176. transitional provisions to the Act Federal Law Gazette I no. 25/2010 section 176a. "Transitional provisions to the Act Federal Law Gazette I no. 96/2013 § 176 b. transitional provisions to the Act Federal Law Gazette I no. 137/2015 § 177. enforcement § 178. entry into force, expiry of" Fischer

Faymann