Amendment To The Railway Act Of 1957

Original Language Title: Änderung des Eisenbahngesetzes 1957

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124. Federal Act 1957 modifies the railways act

The National Council has decided:

The Railway Act 1957, BGBl. No. 60, as last amended by Federal Law Gazette I no. 25/2010 is amended as follows:

1. in the section 13 para 4, the phrase "in accordance with the 9 part" is replaced by the phrase "in accordance with the 8th and the 9th part".

2. in article 17 b receives the previous paragraph 4 the outline description (5) and 4 the following paragraph shall be inserted after paragraph 3:

"(4) in the process, to decide on the admission of a limited public transport on a non-public railway, it requires any determination about whether the facilities of the railway in terms of safety equal to that a public, if the non-public railway was a public railway until one year before the submission of the."

The following paragraph 4 is added to 3. § 21 c:

"(4) the operation of a training facility for communicating the required fitness for those categories of activities which are set Z 1 a regulation referred to in paragraph 1, requires the approval of the Federal Minister for transport, innovation and technology, which is to provide qualified training personnel, the training method, the training content, the training materials and the equipment necessary for training purposes ensure the mediation of such fitness."

4. paragraph 24 together with the heading:

"Public service

§ 24. The jurisdiction to order or imposition of benefits 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."

5. in § 28 para 4, the second sentence reads:

"The failure of the efforts is based on the results of at least three months public prospect search with obtaining binding offers to prove."

6 paragraph 5 deleted § 28.

7. instead of section 29 para 1 first sentence following sentences appear:

"Are continuously operating default railways or continuously operating default parts of a railroad to allow, as long as they are not intended to serve the settlement or the safety of the operation of a railway, operation of rail vehicles on a railway or traffic on a railway wholly or partly, directly or indirectly. "As long as disallowed is applies section 19 para 2 for the owner of the continuously operating preset railway or the continuously operating default part of a railway."

8 the following sentence is added to the section 29 (4):

"With the entry of the legal force of this determination notice, the dissolution is finished and goes off the rail construction of permit for the abandoned railway or the abandoned part of a railway."

9 paragraph 30 para 3:

"(3) railway supervisory organs may arrest persons, the when an infringement of the provisions of §§ 43 para 1, 46, 47 para 1, 47a and 47B including those that are adopted on the basis of a regulation in accordance with section 47 c enter red-handed, provided the other requirements of the section 35 administrative penal code 1991 (VStG), BGBl. No. 52, but not a body of the public security service can intervene." Arrested persons are, if the reason is not already apply the arrest to demonstrate the next organ of the public security service of the railway supervisory bodies as soon as possible."

10. after article 30, the following article 30a together with heading shall be inserted:

"The presence of dangerous substances

section 30a. (1) in annex 5 of the trade regulations exist in a 1994 (GewO 1994), BGBl. No. 194, dangerous substances at least in a lot in this annex, are § 84a para 4, 84 b, 84 c para 1 to 2a and 84 paragraph 3 to 11, d para 1 to 9, 84e, section 366 para 1 sentence in conjunction with Z 7 and § 367 introductory phrase in conjunction with Z 55 , to apply the 56 and 57 GewO 1994 mutatis mutandis with the proviso that that 1 under in sections 84 c par. 3, 84 d para 2 subpara 2 and 84 d para 5a GewO 1994-led authority the accident investigation authority, and under the authority in all other cases the district administrative authority are to understand, 2 among business owners is to understand the railway undertaking, and 3 see technical appendix to understand only one such is , for the a) a railway construction permit and operating permit or is required or b) for exclusively on the basis of § 36 para 1 no railway construction permit is required.

(2) the provisions mentioned in paragraph 1 the Gewerbeordnung 1994 do not apply: 1 for the outside of a company shall mean transport of hazardous substances with a rail on the railway;

2. for the outside of a company shall mean temporary storage of hazardous substances on the railway when this temporary storage in connection with a carriage on the railway;

3. for non-system loading like a rail vehicle with dangerous substances being outside a plant in a railway system intended for such purposes, shall mean discharge of hazardous substances from a rail vehicle, subsequent transshipment of hazardous substances from one rail vehicle to another vehicle or by transhipment of hazardous substances from a vehicle on a rail vehicle.

(3) the requirements of paragraph 1 are according to this part of the Act. no requirements for the granting of licences and permits"

11 section 31 g the following section is inserted after 31 h including heading:

"High Court repeal of a construction permit

§ 31 h. (1) a building permit shall be repealed by the administrative or the Constitutional Court, so must the relevant railway, railway or railway safety technical equipment but no longer than a year, in the framework of the repealed construction permit developed up to the legal force of the replacement decision, or changed and operated, if in the latter case the built or modified railway, railway or railway safety technical equipment the operating permit has already been granted.

(2) para 1 shall not apply, if the Constitutional Court or the Administrative Court has awarded a complaint which led to the suspension of the construction permit, the suspensive effect."

12. in § 32 para 2 is the No. 2; After the comma, the Z 1 is the word "and" attached and the text of the previous Z 3 is outline named "2.".

13 paragraph 35 paragraph 1:

"(1) the authority has the proposed operating permit for a miniature railway, changing miniature railway, to grant non-fixed railway safety equipment or modified non-fixed railway technical backup facilities, if these railway tracks or railway safety equipment comply with the railway construction licence."

14 the following records will be added § 36 para 1:

"Such buildings, changes, commissioning and erosion are appropriately perform the State of the art. The State of the art deviations in exceptional cases are allowed if arrangements can ensure the safety and order of operation of the railway, operation of rolling stock on the railway and of traffic on the railway in other ways."

15 § 36 para 4 No. 1 is: "1 outside General passenger, baggage or freight held rendition rides, trials or test runs with railway vehicles;"

16 paragraph 37:

"§ 37. A safety certificate - for the exercise of access on the rail infrastructure of major and interconnected branch lines and the type rail transport performance to be provided is the 1 for railway undertakings established in Austria in part A and B required, which must refer to the type of rail service to be provided and the railway, on which this access is exercised and 2nd for railway undertakings, part a safety certificate - based in another Member State of the European Union "that a safety certificate in another party of the agreement on the European economic area or the Swiss Confederation in addition to a safety certificate issued in its state of residence - part A - part B required which must relate to the type of rail service to be provided and the railway, on which this access is exercised."

17 paragraph 37b, together with the heading:

"Issuing security certificates

section 37 has 1 b (1) the Federal Minister for transport, innovation and technology.

a rail transport company headquartered in Austria on request to exhibit a security certificate - A designated certificate for a validity period of not more than five years in the certification of imported safety management system under leadership of the certificate is beurkundet, and 2. 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, Austria one as safety certification - part B designated certificate for a validity period of not more than five years to exhibit in the approval of arrangements in accordance with § 37a under leadership of the ruling, the nature of rail transport services and the railway to which the approved arrangements apply, is beurkundet.

(2) requested by the railway undertakings before an exhibition of a new safety certification - part A this has the Federal Minister of transport, innovation and technology to prove that it has a certified safety management system implemented.

Requested by the railway undertakings (3) before an exhibition of a new safety certification - part B this is the Federal Minister of transport, innovation and technology to prove that it still meets the necessary conditions for the issuing of a permit according to § 37a."

18 paragraph 37c together with the heading:

"Withdrawal of security certificates

§ 37c. (1) the railway company is of the Federal Ministry of transport, innovation and technology 1 part A during their validity period by a decision to withdraw if it has its registered office in Austria and has it no longer has a certified safety management, or 2nd part B during their validity period by a decision to withdraw the security certificate - safety certification - if a) he was stripped of the licence pursuant to § 37a or b) within one year from delivery of the security certificate – part B no access on rail infrastructure or Parts thereof, approved arrangements relate, has exercised.

(2) a railway company based in Austria is committed, the Federal Minister for transport, innovation and technology to report the existence of withdrawal offence of paragraph 1 Z 1. A railway company based in Austria, in another Member State which European Union, another party of the agreement on the European economic area or the Swiss Confederation is committed to the Federal Ministry of transport, innovation and technology the existence of withdrawal offence of paragraph 1 subpara 2 lit. b) to sign.

(3) railway undertakings participate in the authority of safety certification - part A or security certificates - B, which have been withdrawn by decision or the validity of which has expired, without being asked to reset."

19 paragraph 37d:

"§ 37d. (1) the Federal Minister for transport, innovation and technology exhibition, reissue, and a safety certificate - part A and a safety certificate - withdrawal has part B, stating the name and address of the railway undertaking, the European railway agency within a period of four weeks date of the exhibition, reissue or deprivation of the security certificate – part A or the safety certification - part B, the period of validity of an issued or new scrying safety certification - part A or a safety certification - part B and that of a such acquired railroads to be communicated. Are safety certification - part A or safety certification - part B by decision deprived was, also the reasons for the withdrawal to communicate are the European Railway Agency.

(2) the Federal Minister for transport, innovation and technology has participated a safety certificate - withdrawal to tell B of the foreign authority that issued the security certificate – part of A railway company."

20 first instead of § 39c set occur the following records:

"The furnished security management system is to by one according to the accreditation Act (AkkG), Federal Law Gazette 468/1992, do so authorized bodies certify No.. From the certificate has seen to be that the safety management system complies with the articles 39a and 39B and Union legally established criteria and is suitable to achieve the objectives stated in section 39."

21. in article 50 paragraph 4 are the first two sentences:

"Whether in terms of a level railway crossing for the computer-assisted detection of one of administrative offences by a referred to in paragraph 1 to build and operate of a railway an image-processing technical equipment to set up is railway undertakings entitled to, which have in para 1 to decide-led district administrative authorities and Federal Police Directorate in individual cases in accordance with the local conditions and traffic requirements. The decorated image-processing equipment are to make available to these authorities to use."

22 paragraph 56:

"article 56. The allocation body has access to the railway infrastructure of the main legitimate access and networked branch lines through allocation of train paths to prioritise where beneficiaries in addition a safety certificate - part A and part B to present have a safety certificate - without discrimination."

23 paragraph 71 para 3:

"(3) the allocation body has a desire on allocation of train paths 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 must be."

24. in paragraph 71, the previous paragraph 4 is named (7); According to the paragraph 3, the following paragraph 4, 5 and 6 shall be inserted:

"(4) the allocation body has a desire on allocation of train paths, 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) requests on provision of railway infrastructure company's other services are from the assignment location and desire to railway undertakings on provision of services and additional services are performing reverse thrust operation by the railway undertakings without undue delay, but no 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) request on provision of railway infrastructure company's other services are from the assignment location and desire to railway undertakings on provision of services and the additional service are performing reverse thrust operation by the railway undertakings without undue delay, no later than within five working days after receipt of the written desire to decide if this related to a desire on allocation of train paths should not be taken into account in establishing network timetable , be made. 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 must be."

25 paragraph 72 paragraph 1:

"(1) the desire of access authorized allocation of train paths or provision of other services of a railway infrastructure company of the allocation body is rejected or comes to an agreement between the assignment and the legitimate access 1 about a desire on making available of other services of a railway infrastructure company within one month of receipt of desire at the allocation body, 2.

about a desire on making available of other services of a railway infrastructure company provided in connection with a desire on allocation of train paths, not to be taken into account in establishing network schedule, within five working days from receipt of desire at the allocation body, 3 about a desire on allocation of train paths should be taken 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 train paths, that not to be not used when a network timetable, within five working days from receipt of desire at the allocation body or allocated the Zugtrasse affected by the desire to a different access recruiters can charge beneficiaries appeal to the rail Control Commission."

26. pursuant to article 72, paragraph 1, the following paragraph 1a is inserted:

"(1a) that has appeal in writing and either 1 an application for assignment of the coveted Zugtrasse together with the name of the essential content of the desired Treaty or the desired certificate, or 2. a request for making available of other services together with the name of the essential content of the desired Treaty or the desired certificate, or 3 an application for finding that the assignment of coveted Zugtrasse contrary to the provisions of this Federal Act not to complaining" ", but is on a different access authorized to contain."

27 paragraph 72 paragraph 2:

"(2) the allocation body, which made the desire, the rail Control Commission has the information required for the decision on complaint – Commission to submit in particular correspondence with all assignment concerned, within one week after the request by the rail control."

28 § 72 para 4 first sentence reads:

"The rail Control Commission after consulting the allocation body responsible for the assignment and the person with right of access within a period of two months after receipt of the complaint, to decide information required in the case of the request for the decision on the complaint within a period of two months of the submission of this information by decision."

29 § 73 para 1 first sentence reads:

"Is desire oriented to a railway transport company entitled to access on provision of services and the additional service implementation of reverse thrust operation rejected or not concluded an agreement between the railway company and the access controller within a month if the request related to a desire on allocation of train paths, not to be taken into account when establishing the network timetable, within five working days from receipt of desire at the railway company ", the beneficiaries complaint to the rail control may charge Commission."

30 paragraph 73 para 2:

"(2) the railway undertaking, the desire was made, has the rail-Control Commission to submit the information required for the decision on the appeal within one week after the request by the rail Control Commission."

31 § 73 para 4 first sentence reads:

"The rail Control Commission after hearing of the railway company and the person with right of access within a period of two months after receipt of the complaint, to decide information required in the case of the request for the decision on the appeal within a period of two months of existence of this information by decision."

32. in section 75c is omitted the phrase "a safety certificate part A and B or" and the expression "Part B certificate" is replaced by the expression "Safety certification - part B".

33. the following sentence is added to the section 78a, paragraph 4:

"Railway undertakings have to provide information about the customer satisfaction of Schienen-control GmbH at their request."

34. the 8 part together with the heading reads:

"8 part

Interoperability

1. main piece

Scope of application

86. (1) is this part of the law on the lines belonging to the Austrian railway system, to apply networked branch lines and sidings or freight terminals and ports, as well as to the rolling stock on such railways are operated or to be operated.

(2) this part of the law is not applicable on: 1 subsystems and the extension of subsystems of such networked branch lines, which are not shown in the map display 3.17 of annex 1 of the decision No. 661/2010/EU on the Union for the development of trans-European transport network guidelines and a) that are functionally separated by lines or other branch lines and up to including were functionally separated on the date of September 1, 2011 and where only rail transport services for the transport of persons in urban , Suburban or regional transport were allowed to must be provided and delivered on the date September 1, 2011, or b) are set out according to the conditions of their railroad and railway safety technical institutions primarily for an operation for the transport of persons in urban, suburban or regional transport and up including set the date of September 1, 2011 were, to the extent, as these subsystems related to railroad and railway safety equipment;

2. subsystems of interconnected branch lines, which are not shown in the map display 3.17 of annex 1 of the decision No 661/2010/EU and a) are functionally separated by lines or other branch lines and were functionally separated after the expiry of the deadline of 1 September 2011 and where only rail transport services for the transport were allowed to under may be provided by persons in urban, suburban or regional transport and only provided after the expiry of the deadline of September 1, 2011 , or b) which according to the conditions of their railroad and railway safety technical institutions primarily for an operation for the transport of persons in the city are suburban or regional transport and were designed only after expiry of the deadline of September 1, 2011 to the extent that when these part systems on railway premises and related railway technical backup facilities, if the fulfillment of technical specifications for interoperability adopted for these part systems would necessitate an economically or operationally unacceptable change or adaptation of existing subsystems and the Safety of operation of the railroad, the operation of rolling stock on the railway and of traffic on the railway in other ways can be guaranteed

3 part systems, particularly rail, and interoperability constituents, inserted by railway undertakings exclusively on networked branch lines pursuant to Nos. 1 and 2;

4. rolling stock used only locally, within local and functionally separate operating ranges set by the railway infrastructure companies.

5. nostalgia-rail vehicles.

(3) the Federal Minister for transport, innovation and technology, call if this is in the interest of an execution according to uniform criteria, branch lines connected by regulation in accordance with paragraph 2.

2. main piece

Interoperability of the rail system

1 section

General information

Purpose

§ 87. purpose of the provisions of this main piece is to ensure the interoperability of railways covered by the scope of application of this part of the Act and rail vehicles.

Interoperability

§ 88. Interoperability refers to the suitability of a railway system for the safe and uninterrupted train traffic, by which is best suited for the corresponding railways of required ratings.

Technical specifications for interoperability (TSIs)

§ 89. Technical specifications for interoperability (TSIs) means the specifications which apply for each subsystem or part thereof in regard to compliance with the essential requirements and ensure the interoperability of the rail system.

Conversion

Article 90. Upgrading means any major modification work on a subsystem or parts thereof, which improves the overall performance of the subsystem.

Renewal

section 91. Renewal is extensive substitution work on a subsystem or part thereof which does not change the overall performance of the subsystem.

Notified bodies

92. (1) notified bodies are for the checks provided for in this main piece and accredited notified bodies or 2. other grow up according to para 2 points grow up reviews 1 Accreditation law, by the European Commission in accordance with article 28 paragraph 1 of Directive 2008/57/EC on the interoperability of the rail system within the community, OJ No. L 191 of June 17, 2008 S 1, in the official journal of the European Union published list with their identification number and with indication of their area of responsibility are.


(2) the Federal Minister for economy, family and youth has that accredited bodies are accredited to carry out the assessment of conformity and suitability for use of interoperability constituents, as well as for the implementation of EC verification procedure for subsystems, the European Commission and the other Member States of the European Union, notifying them of the scope of accreditation and the Commission allocated identification number to tell them.

Basic requirements

Article 93. The basic requirements are those conditions which must be met by the rail system, the subsystems, and the interoperability constituents including interfaces and are listed in annex III of the Directive 2008/57/EC.

Provision of data

§ 94. The Federal Minister for transport, innovation and technology has to provide all existing data of the European railway agency responsible for drawing up the TSIs that are required to enable this in the preparation, adoption or revision each TSI taking into account all foreseeable costs and the benefits of all tested technical solutions, as well as the interface between them with the aim to determine the most advantageous solutions. The railway companies have such to make data available to the Federal Ministry of transport, innovation and technology.

2. section

Interoperability constituents

Definition

§ 95. interoperability constituents are component group of components, subassembly or complete material assemblies, which are incorporated or intended to be incorporated into a subsystem, and upon which the interoperability of the rail system depends directly or indirectly. Among components are material to understand but also intangible products like software.

In marketing

96. (1) it only such interoperability constituents in the domestic traffic may be brought, that enable the achievement of the interoperability of the rail system and meeting the essential requirements. This shall not apply in the case of interoperability constituents, allure or others used as railways covered by the scope of application of this part of the Act and rail vehicles. Not the leaving of interoperability constituents for the purpose of storage, for scrapping, their conformity or use suitability test is considered in marketing.

(2) affects an interoperability constituent, for which an EC declaration is available, has been put on the market and which is used as intended, the compliance with the essential requirements, the Federal Minister for transport, innovation and technology regulation has a prohibition of the placing of and issue of the free movement of goods with components of the same type.

(3) the Federal Minister for transport, innovation and technology has the issuing of a regulation pursuant to par. 2 of the European Commission, the reasons underlying the adoption of such a regulation to inform where to lead in particular is whether the interoperability constituent concerned is therefore not compliant, because 1 the European specifications used not properly have been applied, or 2 the European specifications are incomplete.

(4) the regulation is by the Federal Minister of transport, to increase innovation and technology if the European Commission shares with the Republic of Austria, that they the prohibition of the placing of and of the free movement of goods with this interoperability constituent considers unfounded.

(5) monitoring the compliance with the provisions concerning the placing of the free movement of interoperability constituents according to paragraphs 1 and 2 is whether the district administrative authority. The bodies of the district administrative authority empowered in this monitoring exercise, business and premises as well as the business and operating land, or in or on which manufactured interoperability constituents, for the purposes of the marketing store are shown to enter to the operating and business hours, visit the interoperability constituents and check.

Assessment of the conformity or the suitability for use

Article 97. Each interoperability constituent is to undergo the procedure for evaluation of conformity specified in the relevant TSI or, where appropriate, the suitability and provided with a certificate be assigned from the compliance or, where appropriate, the suitability. Spare parts of systems already adopted at the time of entry into force of the relevant TSIs in operation, may be fitted in this part system without this procedure.

EC declaration of

§ 98. (1) for an interoperability constituent is to exhibit an EC conformity or, if necessary, a use health declaration by the manufacturer or his authorised representative established in the community which has to comply with the annex IV of Directive 2008/57/EC. You are the interoperability constituent TSI provisions to apply.

(2) the conformity or, where appropriate, the suitability for use of an interoperability constituent are to evaluate which of the manufacturer or his authorised representative established in the community have asked if this is provided for in the TSI relating the interoperability constituent by the notified body.

(3) an interoperability constituent has still other requirements which are adopted federal laws normalized in others in implementation of Community directives, to meet these other requirements must be from the Declaration of apparent.

(4) the manufacturer or his authorised representative established in the community contrary to paragraph 1 exhibited no EC conformity - declaration of or no use suitability, contracted contrary to para 2 no notified body with the assessment of conformity or, where appropriate, the suitability for use or the EC conformity or EC - is not the paragraph 3, use suitability Declaration of para 1 to 3 on those commitments the over, which brings the interoperability constituent on the market.

(5) the existence of an EC conformity or an EC use health declaration for an interoperability constituent the presumption rebuttable, that it complies with the essential requirements concerning them.

Incorrect Declaration of

§ 99. proves to be an interoperability constituent, for which an EC conformity or an EC declaration on the suitability of the use is granted as non-compliant or suitable for use, has the Federal Minister of transport, to explain the relevant EC conformity - the question use declaration or suitability for invalid innovation and technology decision. The Federal Minister for transport, innovation and technology has to inform the European Commission and the other Member States of the European Union, stating the reasons this measure.

3. section

Subsystems

Definition

section 100. Systems of part of is the subdivision of the railway system, stated in annex II of the Directive 2008/57/EC.

Compliance with the essential requirements

101. (1) the subsystems must comply with the essential requirements. Unless there is a relevant applicable TSI, is interoperability of a subsystem in terms of compliance with the basic requirements based on these or on the basis of a technical opinion published by the European Railway Agency, it modifies the to determine.

(2) no relevant TSI exists or not applicable is stated, 1 is a building permit, to grant an approval and an operating permit for a structural part system in addition to other approval requirements only under the condition, that it is taking on the basis of the common technical specifications and in accordance with article 8 of Directive 2004/49/EC by the Federal Ministry of transport, innovation and technology in the Internet on the website of the Federal Ministry of transport , Innovation and technology released national security legislation conforms to the essential requirements and has 2. the Federal Minister for transport, innovation and technology submit an each updated list of this common technical requirements to the other Member States of the European Union and the European Commission; He has this directory in the Internet on the website of the Federal Ministry for transport, innovation and technology to publish.

(3) the Federal Minister for transport, innovation and technology has also the sites of legal acts in the official journal of the European Union, adopt the TSI in the Internet on the website of the Federal Ministry for transport, innovation and technology and, if the date of its entry into force does not anyway seen from these acts themselves, to make known the date of their entry into force.

Non-application of the TSI

102. (1) in the following cases has the Federal Minister of transport, to explain certain TSI decision not applicable innovation and technology: 1.

project for the new construction of a subsystem, as well as in projects for the renewal or upgrading of existing subsystems, which are located at the time of the publication of the TSI concerned in an advanced stage of development or the subject are one in the execution of the contract;

2. in the project for the renewal or upgrading of an existing subsystem, if the TSI prescribes rules for the gauge, the gauge, the track gauge or voltage, which with the existing systems are incompatible;

3. in the case of schemes for the renewal, extension or upgrading of an existing subsystem, involving the application of the relevant TSIs would compromise the economic viability of the project or the coherence with the Austrian railway system would be affected

4. projects for the rapid recovery by accident or one by natural disaster of destroyed or damaged part system, if the conditions of hiefür a partial or full application of the TSI economically or technically not allow one.

(2) in all the cases mentioned in paragraph 1, the Federal Minister of transport has to inform the European Commission of the planned exception innovation and technology in the investigation and to send it the documents listed in annex IX of to Directive 2008/57/EC. Is in the in par. 1 Z 2 and 3 listed cases before issue of notice, but only for a period not exceeding six months, to wait for the decision of the European Commission.

EC declaration of verification

§ 103. (1) for the operation of a new, renewed or modified part of system, for which a TSI and to apply that is, must be an EC declaration of verification, which has to comply with annex V of Directive 2008/57/EC, and which is based on an EC verification.

(2) the EC declaration of verification is to exhibit by the adjudicating entity or his authorised representative. They have carried out the EC examination with a notified body of their choice. The task of the notified body responsible for the EC verification has over the entire period from planning and construction to the acceptance before operation of the subsystem to extend. The order has also the verification of the interfaces of the subsystem with the system, the part of which it forms, to include; insofar as such information exist, has this exam on basis to be information available in the respective TSI, except such a declared inapplicable, and in the infrastructure register, and in the established by the European Railway Agency and listed register of vehicle types.

(3) the notified body has to create all technical documentation, which must be accompanied by an EC declaration of verification. The technical documentation must contain: 1. all necessary documents with regard to the characteristics of the subsystem;

2. If necessary, all certificates of conformity of the interoperability constituents;

3. information on usage conditions and restrictions, maintenance, continuous or periodic monitoring, operation and maintenance.

(4) the existence of an EC declaration of verification established the rebuttable presumption that the structural subsystem meets the basic requirements.

EC verification

section 104. EC verification is annex VI of Directive 2008/57/EC to be applied.

Special provisions for the granting of the operating permit

105. (1) the new direction or change a railroad or not stationary railway technical equipment as well as a rail vehicle, a modified rail vehicle or a used foreign rail vehicle is a new, renewed or deployed subsystem, for the a TSI and that is applied is the operating permit in addition to other operational approval requirements only under the condition to grant, that the authority a corresponding to this federal law EC declaration of verification for this new , renewed or upgraded subsystem is presented.

(2) the exhibition of an EC declaration of verification for a new, renewed or deployed part system but requires that before a construction approved Railway, a construction-approved non-fixed railway technical equipment or a type-approved Railway in operation is, the commissioning of such a railway, such not fixed railway technical body or of such rail vehicle without granted operating permit for a period of not more than one year may be carried out , if an examination certificate or one of these content Declaration of a person recorded in the directory according to § 40, that is complied with the railway-legal building permit or the approval.

4 section

Rail vehicles

Special provisions for the type-approval procedure

Section 106. If for a rail vehicle an approval and in another Member State of the European Union or in another Contracting Party of the agreement on the European economic area an approval corresponding to the component type-approval or authorisation for this railway has been submitted, has the authority to try to work together with the other national security authorities of those States in order to simplify the administrative process and minimize the administrative burden and to take recorded evidence of that other national security agencies, and to pay tribute to , as if she would have taken the authority itself. Article 32a is to apply subject to the proviso that the advice can be presented only after the construction permit application and has the authority to determine what relevant areas of expertise to include this expertise have.

Briefing of the European Railway Agency

§ 107. The authority has on new or modified railway vehicles on Bauartgenehmigungs and operating approval notices to inform the European Railway Agency.

European vehicle number

Section 108 (1) the holder has to ensure that a European vehicle number is attached to the rolling stock held by him.

(2) the rail infrastructure services company mbH has to allocate a rail vehicle registration in the register of setting a European vehicle number. If in the relevant TSI nothing is intended is to allocate no European vehicle number for such a railway, unless for one was assigned to have a European vehicle number in another Member State of the European Union or another Contracting Party of the agreement on the European economic area.

Setting registration

§ 109 (1) who is holder of a rail vehicle held by him to ensure, 1 that the rail vehicle in the register is registered, and 2. that changes be made in the setting tab of data that appear in the record set for the railway in the register.

(2) section 1 does not apply to such rail vehicles which are exempted in accordance with article 113 par. 2 of the entry in the register.

(3) the holder has to ensure, if the railway vehicle is constantly been decommissioned for the withdrawal of the registration of a rail vehicle from the register.

3. main piece

Infrastructure register

Contents of the register

The railway undertaking to create a register of infrastructure have § 110. (1) for the railways falling under the scope of this part of the law. In the register of the main characteristics and their compliance with the characteristics prescribed by the applicable TSIs are for each part of the systems or parts to represent. The register has the information to include, depicting in the TSI are prescribed for this purpose.

(2) the register of infrastructure has the European Commission some specifications for its presentation, its format, to comply with its updates and its instructions for use.

Publication of the register

section 111. The infrastructure register are to publish in the Internet on the website of the railway undertakings and to update the specifications according to section 110 subsection 2 of set updates.

4. main piece

Vehicle register

Establish, maintain and update

112. (1) the rail infrastructure Dienstleistungsgesellschaft mbH has build a vehicle register, run, and regularly update.

(2) the Federal Minister for transport, innovation and technology can give instructions to the establishment, management and regular updating of the adjustment register mbH of rail infrastructure services company.

Content

113. (1) has the setting tab the common specifications, which are set out in the annexes to the decision of the Commission for establishing a common specification for the national vehicle register (2007/756/EC), to comply with.

(2) setting tab is used for the acquisition of rolling stock. As far as it is necessary in accordance with decision 2007/756/EC, such rail vehicles are excluded from the entry in the register that are entered in a national vehicle register of another Member State of the European Union or another Contracting Party of the agreement on the European economic area.

Registration procedure


114. (1) the rail infrastructure Dienstleistungsgesellschaft mbH has to decide on applications for registration of rolling stock in the setting tab, to apply to change the entries in the register of the setting or on withdrawal of an already existing entry in the register the AVG. Against adopted decisions of the rail infrastructure services company mbH, the appeal is allowed. Appellate authority is the Federal Minister for transport, innovation and technology. The decision on the appeal has the appeal is entirely or partly entitled by way of derogation by article 66, paragraph 4, AVG is to insist that the rail infrastructure services company mbH is obliged to comply with the appeal to the extent of their authority.

(2) the holder of a rail vehicle, which must be recorded in the register, the registration in the register has to apply for registration of change of data that appear in the record set for the railway in the register, or the withdrawal of an already completed registration from the register. The application has to correspond to the form specified in decision 2007/756/EC and contain all the information requested in the form. The application is to be upheld when the accuracy of the information contained in it has been determined. The request applies to the implementation of the registration, the modification of the registration or the withdrawal of a registration as done. A written excerpt of the register if the applicant should be to. In the case of allocation of a European vehicle number, this has to be seen from the commercial register.

Information about data and information

115. (1) the rail infrastructure services company mbH has arrangements to meet 1 of the authority, when to carry out their tasks under the Railway Act 1957 required, 2. persons who are registered in terms of the rail vehicles assigned to them in this property, and on their person, in the register as a maintenance registered persons, the rolling stock in the register 3. allowing in regard to these rail vehicles and on their person , 4 the European Railway Agency, when providing information for the purposes of the investigation, as it affects the implementation of the Directive 2008/57/EC in practice, 5th of Schienen-control GmbH and the rail control is required, on Commission, if this is for the decision of an appeal with the assignment of a Zugtrasse is requested, is required, 6 railway infrastructure enterprise in terms of the rail vehicles which are operated or to be operated on their railways , 7 railway companies in terms of the rolling stock, which they are transported or to be transported, or 8 of the accident investigation authority, if this for the investigation of incidents is needed in terms of rail vehicles involved in such incidents, information about the data contained in the register and data is granted and ensures the data protection law admissibility of such disclosure.

(2) the rail infrastructure services company mbH has those authorities of another Member State of the European Union or of other Contracting Parties of the agreement on the European economic area, which issued the approval and operating permit permission or approval for a rail vehicle that is recorded in the register, to be data changes relevant on this rolling stock, the dismantling of this rail vehicle or the intended decision, this rail no longer in the register , to display immediately.

5. main piece

Maintenance of railway vehicles

Holder

116. (1) is holder who uses a rail vehicle as a means of transport and as such is entered in the record of a national setting register of a Member State of the European Union or a party to the agreement on the European economic area for this railway as owner or having.

(2) holder must be who as owner or having uses a rail vehicle as a means of transport will use and the rolling stock held by him in the national vehicle register is registered or to be registered at the same time entered as in the domestic setting register only.

Maintenance job

117. (1) a maintenance job is a job, that one in a national vehicle register of a Member State of the European Union or a party to the agreement on the European economic area in a rail vehicle is responsible for the maintenance and is registered in a such settings register at the record created for this railway as such.

(2) as maintenance authority is responsible for the maintenance of a rail vehicle and can be: 1. the holder of a rolling stock held by him, as long as it carries out the function of a maintenance authority itself, or 2. a third party as long as, is contractually obligated as he compared to the holder to carry out the function of a maintenance authority for a rail held by this.

Responsible making of a maintenance authority

§ 118. A holder has to sign up for the relevant rail vehicle in the domestic setting register for a rolling stock held by him to make a maintenance authority responsible and this if the rail vehicle in the national vehicle register is registered or to be registered.

A maintenance task

119. (1) is a maintenance authority for the maintenance of rail vehicles responsible.

(2) a maintenance job can perform the maintenance of a rail vehicle itself or carried out by workshop operators.

Establishment of a maintenance system

120. (1) has a maintenance job to set up a maintenance system, which ensures that there is a rail vehicle, it is responsible for its maintenance in a safe operating condition. For this purpose, it has to make sure that the maintenance of the rail vehicle: 1. on the basis of the maintenance of the rail vehicle;

2. on basic maintenance provisions of this Federal Act or regulations, taken on the basis of this federal law;

3. basic maintenance provisions in the construction permit or if a component type-approval is not required, permits or approvals of other Member States of the European Union or the other Contracting Parties of the agreement on the European economic area, which a type approval correspond to;

4. on basic maintenance provisions in the relevant TSIs.

(2) the maintenance agency is the holder, he acts not even a maintenance job, demonstration of the rail vehicle held by him within a period of eight weeks to ask if maintenance on the railway in accordance with the maintenance provisions (par. 1 Z 1 to 4) must be made.

Certification of the maintenance system

121. (1) may exercise this activity only a maintenance job for freight cars, if it has a maintenance points-certificate, which exhibit is from a place do so authorized in accordance with the accreditation Act, where it is shown that their maintenance system for freight cars adopted measure to introduce a certification system corresponds to that of the European Commission in accordance with Article 14a paragraph 5 of Directive 2004/49/EC.

(Union or maintenance points certificate issued with seat in another party of the agreement on the European economic area, where it is stated that the maintenance system for freight cars of a maintenance authority is equivalent to the measure adopted in accordance with Article 14a paragraph 5 of Directive 2004/49/EC on the introduction of a certification system authorized 2) one by one to carry out certification authority based in another Member State of the European , is an issued by a notified body headquartered in Austria the same.

(3) a point (para. 1 and 2) has known mbH the revocation of a maintenance job certificate issued by her immediately the rail infrastructure services to give. The affected maintenance point for freight wagons in a record applied for a rail vehicle in the register appears on the rail infrastructure services company mbH has the holder, this place have entrusted with the maintenance of freight cars, to teach. The maintenance body affected by the revocation of a certificate of maintenance points for freight wagons a railway company or a rail infrastructure company, moreover for the issuance of a security certificate - part A and a safety authorisation to inform competent authority is.

Special provisions applicable to railway undertakings and rail infrastructure company


122. (1) is a rail transport company based in Austria a maintenance site affected by the revocation of a certificate of maintenance points for freight cars, it has a request for updating the safety certification - part A with the Federal Minister of transport, to bring innovation and technology. In this case is a new safety certification - part Exhibit A with updated content. After their delivery the railway undertaking has no longer current safety certification - immediately deliver A.

(2) a maintenance site affected by the revocation of a certificate of maintenance points for freight wagons is a railway infrastructure company, it has to submit a request for updating the safety approval from the authority. In this case, is to issue a new safety permit with updated content. After their delivery has. the railway infrastructure companies to deliver the outdated safety authorisation without delay"

35. paragraph 125 paragraph 1:

"Those domestic main lines, branch lines, or parts of thereof, which are identified in the map display 3.17 of annex 1 of the decision No 661/2010/EU are (1) railways within the meaning of this part of the law."

36. paragraph 126 para 3:

"(3) who is holder of a driving licence and a certificate of a class B locomotives and a railroad are registered is also entitled, a locomotive of class B registered in his certificate on a networked branch, not in the map display 3.17 of annex 1 of the decision No. 661 / 2010 / EU is designated to lead and to use, if has the required knowledge of the routes."

37. in paragraph 158, no. 6 is the phrase "Schienen-control GmbH" by the phrase "Schienen-control GmbH and the rail Control Commission" replaced.

38. in section 161, no. 4 is the phrase "Schienen-control GmbH" by the phrase "Schienen-control GmbH and the rail Control Commission" replaced.

39. in section 162 para 2 No. 6 is the expression "Safety certificate part A and B" by the expression "Safety certification - part A" and the expression "Part B certificate" is replaced by the expression "Safety certification - part B".

40. in section 162 para 3 second sentence first half set and third set the word 'Arrest punishment' is replaced by the word "Imprisonment".

41st in the article 162, paragraph 3, second sentence, second half-sentence replaced the phrase "Money and arrest criminal" by the phrase "The fine and imprisonment".

42. in section 162 para 6 are in the introductory part of the sentence the phrase "of sections 47 c and 49" by the phrase "of paragraph 49" and the expression "article IX paragraph 1 Z 5 IX" by the expression "article III paragraph 1 No. 2 of the introductory act to the administrative procedure law 2008 (IX), Federal Law Gazette I no. 87" replaced, and in the Z 2 the bracket expression "(§ 45 Abs. 3)" , sections 35 and 36 VStG) "by the parenthetical expression"(§ 30 Abs. 3, §§ 35 und 36 VStG) "replaced."

43. in paragraph 163, Z 15 is the expression "Safety certificate part A and B" by the expression "Safety certification - part A" and the expression "Part B certificate" is replaced by the expression "Safety certification - part B".

44. paragraph 165:

"§ 165. Commits an administrative offence and is to be punished up to EUR 7 000 by the district administrative authority with a fine, who brings an interoperability constituent on the market 1 contrary to article 96, paragraph 1, contrary to is 2. a regulation pursuant to article 96, paragraph 2, 3. contrary to article 96 par. 5 denied access to the business and premises or land serving the business and operation of the institutions of the district administrative authority , 4. contrary to article 103, paragraph 1 operates a subsystem, 5. contrary to § 108 para 1 not for the installation of a European vehicle number on a rail vehicle provides.

"provides 6 contrary to article 109, paragraph 1 for the required entries in the register of the setting, created no infrastructure register 7 contrary to article 110, paragraph 1, 8 contrary to section 118 no maintenance site for a rail vehicle responsible power, 9 contrary to section 120 para 2 a rail vehicle demonstrates not the maintenance Office, or the activities of a maintenance authority exerts 10 contrary to article 121, paragraph 1."

45. paragraph 170 including heading:

"Referring to acts of the European Community

§ 170. Following the European Community acts are implemented by this federal law: 1. Directive 91/440/EEC on the development of railway undertakings in the community, OJ No. L 237 of the 24.08.1991 p. 25, as last amended by Directive 2007/58/EC, OJ No. L 315 of December 3, 2007 p. 44;

2. Directive 95/18/EC on the licensing of railway undertakings, OJ No L 143 of the 27.06.1995 p. 70, as last amended by Directive 2004/49/EC, OJ No. L 164 of 30.04.2004 p. 44;

3. Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, OJ No L 75, the 15.03.2001 p. 29, as last amended by Directive 2007/58/EC, OJ No. L 315 of December 3, 2007 p. 44;

4. Directive 2008/57/EC on the interoperability of the rail system within the community, OJ No. L 191 of July 18, 2008 p. 01, last modified by the 2011/18/CE directive amending annexes II, V and VI of Directive 2008/57/EC on the interoperability of the rail system within the community, OJ No. L 57 of the 2.03.2011 S. 21;

5. 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 last amended by Directive 2009/149/EC, OJ No. L 313 of 28.11.2009 p. 65;

6. 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;

7. Directive 96/82/EC on the control of hazards involving dangerous substances, OJ No. L 10 of January 14, 1997, p. 13, as last amended by Directive 2003/105/EC, OJ "No. L 345 of 31.12.2003 S. 97."

46. in paragraph 171, para 2 and 3 account for as well as the previous paragraph 1 the outline description (1).

47 paragraph 4, 5, 6, 7, and 21 account for § 175.

48. in article 13, the quotation mark deleted b after the end of a sentence. In the § 21c para 1 shall be replaced "Railway company" by the word "Company" No. 7, will be replaced in the section 59a, paragraph 1 the phrase "and the additional service" by the phrase "and the additional service", in § 78 para 2 subpara 1 "is unacceptable" by the Group of words is the phrase "are unacceptable" replaced, will be replaced in the article 154, paragraph 7 the phrase "or of obtaining" by the phrase "or obtaining" , in the section 157, paragraph 1, the phrase "The licence register" by the phrase 'The licence register' is, and in § 164 para 5 No. 1 replaced the phrase "or general terms and conditions" by the phrase "or the general terms and conditions". In § 175 ABS. 2 the quote is "§ 57 No. 4" by the quote "§ 57 No. 3" replaced.

49. the table of contents is as follows:

"Table of contents

1 part: definitions article 1 railways section 1a. § 1 company b. railway undertakings section 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 transport § 2. public railways § 3 non-public railways § 4. main lines, branch lines § 5 trams § 7 sidings § 8 webs § 9 common safety methods section 9a. Common safety targets article 9 b. section 10 State of the art railroad section 10a. Rail 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. showpiece: 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 period § 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 piece: rights of the railway undertaking § 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 § 22 fare, timetable section 22a. Compensation conditions § 23 direct clearance, continuous tariff § 24 public service § 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: security certificate § 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 authorisation § 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 3a. Part: riparian provisions, behavior of railroad

1 main piece: riparian provisions § 42. ban construction § 43. danger area section 43a. Fire area § 44. Elimination of verbotswidrigen State § 45. Elimination occurring hazards 2. showpiece: behave within the railway tracks and in rail vehicles § 46. behavior within the railway premises § 47. Enter hiefür not certain points of railway 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. backup and behavior approach and translation § 50 image processing end equipment 5. part: linking 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. Submission of contracts § 53e. Coercive measures section 53f. competition supervisory 6 part: regulation of the rail transport market

1 main piece: General § 54. purpose of § 55. segregation measures 2. showpiece: access to the rail infrastructure of the main and branch lines

1 section: General § 56. access to the rail infrastructure § 57. beneficiaries § 57a. Requirements for beneficiaries § 57 b. operating ban on cross-border passenger transport § 58. other services § 59. network terms and conditions § 59a. General terms and conditions section 59 b. reservation fees § 60. suspension of train paths § 62. allocation body 2. section: allocation of train paths § 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 infrastructure capacity § 66. special measures for errors section 3: use fees and other payments § 67. rules for the determination of the use fees § 68. fixing the use fees § 68a. Negotiations on the amount of use fee § 69. collection of use fees § 70. other fees 4 section: treatment of desire, complaint, competition authority section 70a. Legal form of § 71. treatment of assignment and performance desires § 72. appeal against the allocation body § 73. complaint against a railway section 73a. Template contracts and instruments § 74. competition supervisory section 74a. Information obligations § 75. coercive 6a. Part of: Access on other railways 75a. Beneficiaries on other railways section 75 b. voluntarily granted an access 6B. part: training facilities section 75 c. Access to training facilities § 75 d. Examination, evidence § 75e. Complaint to the rail Control Commission 7 part: regulators

1. main piece: Schienen-control GmbH § 76. establishment of Schienen-control GmbH § 77. tasks of Schienen-control GmbH § 78. procedures, appeal § 78a. Arbitration Board section 78 b. ineffectiveness of the compensation conditions § 78 c. Activity report § 79 supervisory § 80. expense of Schienen-control GmbH 2. main piece: Schienen-Control Commission § 81. establishment of Schienen-Control Commission § 82. composition of Schienen-Control Commission § 83. resolutions and rules of procedure § 84. procedural rules, appeal § 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 § 87. purpose § 88. interoperability § 89. technical specifications for interoperability (TSIs) § 90. conversion § 91. renewal § 92. notified bodies § 93. essential requirements § 94. provision of data 2. section: interoperability constituents § 95. definition § 96. in marketing § 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 of verification § 104. EC verification § 105. Special provisions for the granting of the operating approval 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 piece: infrastructure § 110. contents of the register § 111. publication of the register 4. main piece: setting register § 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 point § 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 applicable to railway undertakings and rail infrastructure company 9. Part of: driver

1 main piece: General § 124. driver article 125 § 126 scope requirement to complete a traction § 127. foreign licences 2. main piece: driving 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 § 136. renewal of the driving 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. requirements for the issue of a certificate § 143. exhibition , Contents and features of the certificate § 144. procedure § 145 expertise, language skills § 146. checks § 147. termination of employment 4. main piece: expert § 148. ordering of expert examiners § 149. directory of expert examiners § 150th review authority 5. main piece: training § 151. training method § 152. driver training facility § 153. access to the driver training facility § 154. complaint's Schienen-Control Commission § 155. reimbursement of training costs 6 main piece: licence register § 156. establishment and management § 157. content § 158. information about data and information 7 main piece : Certificate register § 159. establishment and management § 160 content § 161. information about data and data 10 part: final provisions

1 main piece: § 162. penalties, managers order § 163. § 164. § 165. § 166. § 167. § 168.

2 main pieces: relation to other legislation, references § 169. relationship with other legal provisions § 170. reference to legal acts of the European Community § 171. references § 172. personal names 3. main piece: transitional provisions, enforcement, entry into force, expiry of § 173. transitional provisions to the Federal law BGBl. No. 60 / 1957 § 174 transitional provisions to the Federal Act Federal Law Gazette I no. 38/2004 § 175. transitional provisions to the Federal Act Federal Law Gazette I no. 125/2006 § 176. transitional provisions to the Federal Act Federal Law Gazette I no. 25/2010 § 177. enforcement § 178. entry into force , Except force Fischer

Faymann