Amendment To The Railway Act Of 1957

Original Language Title: Änderung des Eisenbahngesetzes 1957

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124. Federal law amending the railway law in 1957

The National Council has decided:

The Railways Act 1957, BGBl. N ° 60, as last amended by the Federal Law BGBl. I No 25/2010 is amended as follows:

1. In Section 13 (4), the word group shall be " according to the 9. Part " through the word group " according to the 8. and 9. Part " replaced.

2. In § 17b, the previous paragraph 4 receives the description of the classification "(5)" and shall be inserted in accordance with paragraph 3 of the following paragraph 4:

' (4) In the procedure to be decided on the authorisation of restricted public transport on a non-public railway, it is not necessary to determine whether the provision of the railway is, in terms of safety, of a public, if the non-public railway was a public railway until one year before the application was submitted. "

(3) The following paragraph 4 is added to Article 21c:

" (4) The operation of a training facility to provide the necessary suitability for the categories of activities laid down in a Regulation as defined in paragraph 1 (1) (1) requires the approval of the Federal Minister for Transport, Innovation and the technology to be granted where qualified training personnel, the training method, the training content, the training documents and the facilities required for training purposes are to be used to impart such a qualification. "

4. § 24 together with headline reads:

" Public services

§ 24. The responsibility for the appointment or imposition of benefits under Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, 1. No. L 315 of 03.12.2007 S 1 shall be based on the Federal Government's website in accordance with the specific provisions of the federal law. These separately regulated ordering responsibilities of the federal government do not refer to the student free rides and apprentice trips according to the 1967 Family Law Balancing Act, BGBl. No. 376. "

5. In § 28 (4), the second sentence reads:

"The success of the effort must be based on the results of an at least three-month public search for an interested party, with a view to obtaining binding offers."

6. § 28 (5) deleted.

7. Instead of the first sentence of § 29 (1), the following sentences occur:

" Permanently operating railways or parts of a railway which are permanently set up are to be abandoned, provided that they are not further provided for, in whole or in part, directly or indirectly by the processing or securing of the railway. Operation of a railway, the operation of railway vehicles on a railway or transport on a railway. As long as it has not been abandoned, § 19 (2) shall also apply to the owner of the permanently operating railway or the permanently operating part of a railway. "

8. The following sentence is added to Article 29 (4):

"With the entry of the legal force of this notice of arrest, the dismissal is terminated and shall terminate the construction permit for the abandoned railway or for the abandoned part of a railway."

Section 30 (3) reads as follows:

" (3) Railway inspection bodies may arrest persons who, in the event of an infringement, are contrary to the provisions of Sections 43 (1), 46, 47 (1), 47a and 47b (1), (47a) and (47b), including those issued pursuant to a regulation pursuant to Section 47c a fresh act, provided that the other requirements of Section 35 of the Administrative Code Act 1991 (VStG), Federal Law Gazette (BGBl) are also entered into. No organ of the public security service may intervene. Persons arrested are, if the reason for the arrest is not previously eliminated, to be brought forward by the railway inspecting bodies as soon as possible to the next institution of the public security service. "

10. In accordance with § 30, the following § 30a and heading is inserted:

" Presence of dangerous substances

§ 30a. (1) Are those in operation in Appendix 5 of the 1994 Commercial Code (GewO 1994), Federal Law Gazette (BGBl). § 84a (4), 84b, 84c (1) to (2a) and (3) to (11), 84d (1) to (9), 84e, § 366 (1), introduction rate in conjunction with Z 7 and § 367 Introductory phrase in conjunction with Z 55, 56 and 57 GewO 1994 to be applied in accordance with the conditions laid down in

1.

under the authority referred to in Articles 84c (3), 84d (2) (2) (2) (2) (2) (2) and (5a) (5a) of 1994, the accident investigation authority, and under the authority referred to in all other cases, the district administrative authority shall be understood,

2.

is to be understood by farmers to be understood by the railway undertaking, and

3.

is to be understood by technical means only one for which:

a)

a construction permit and an operating licence is available or is required or

b)

For which no railway-law building permit is required exclusively on the basis of § 36 para. 1.

(2) The provisions of the 1994 Commercial Code referred to in paragraph 1 shall not apply:

1.

for the carriage of dangerous substances with a rail vehicle on the railway, which is not carried out in a company;

2.

for the temporary storage of dangerous substances on the railway, which occurs outside a holding, where such intermediate storage is carried out in connection with transport on the railway;

3.

for the loading of a rail vehicle with dangerous substances, the unloading of dangerous substances from a rail vehicle, the unloading of dangerous substances from a rail vehicle, the loading of which is carried out outside a holding in a railway installation provided for such purposes dangerous substances from a rail vehicle to another vehicle or transhipment of dangerous substances from a vehicle to a rail vehicle.

(3) The requirements of paragraph 1 are not preconditions for the granting of authorisations and permits under this law. "

11. According to § 31g, the following § 31h with headline is inserted:

" Maximum judicial lifting of a building permit modest

§ 31h. (1) Where a building-approval certificate is lifted by the Administrative or Constitutional Court, the railway, railway or railway safety equipment concerned shall be subject to the legal force of the replacement modest, but at the latest, however, The following year shall continue to be built or modified in the context of the increased building permit, if in the latter case the railway, railway or railway safety equipment has already been installed or modified, and Operating licence has been granted.

(2) Paragraph 1 shall not apply if the Constitutional Court or Administrative Court has granted the suspensive effect to a complaint that has led to the lifting of the building permit modest. "

12. In § 32 (2), the Z 2 shall be deleted; the Z 1 shall be the word after the apporcting "and" and the text of the previous Z 3 will be given the outline description "2." .

13. § 35 (1) reads:

The Authority shall have the application for an operating licence for a railway system, a modified railway system, non-stationary railway safety installations, or a modification of non-stationary railway safety installations. , if these railway installations or railway undertakings comply with the construction permit of the railway industry. "

14. The following sentences are added to § 36 (1):

" Such constructions, modifications, commissioning and removal operations must be carried out in accordance with the state of the art. From the state of the art, derogations are permitted in exceptional cases if, by means of arrangements, the safety and order of the operation of the railway, the operation of railway vehicles on the railway and the transport on the railway other than can be guaranteed. "

Section 36 (4) Z 1 reads as follows:

" 1.

outside the general passenger, luggage or goods traffic crossing, test drives or measuring drives with rail vehicles; "

16. § 37 reads:

" § 37. For the exercise of access to the rail infrastructure of main and interconnected runways and the type of railway service to be provided in this connection,

1.

in the case of a railway undertaking having its registered office in Austria, a safety certificate-Part A and a safety certificate-Part B, which must relate to the nature of the rail transport performance and the railway to be provided, to that this access is exercised and

2.

for railway undertakings established in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area, or in the Swiss Confederation, in addition to one in their Seat State security certificate-Part A requires a safety certificate-Part B, which must relate to the type of railway service to be provided and to the railway on which that access is exercised. "

17. § 37b with headline reads:

" Exhibition of safety certificates

§ 37b. (1) The Federal Minister for Transport, Innovation and Technology has

1.

a railway undertaking having its registered office in Austria, on request, to issue a certificate, designated as a safety certificate, part A, for a period of validity of no more than five years, in which the certification of the imported Safety management system is certified under the guidance of the certificate and

2.

a railway undertaking having its registered office in Austria, in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation, as Certificate of safety-Part B shall be issued for a period of validity of no more than five years, in which the authorisation of the arrangements referred to in Article 37a shall be granted, accompanied by a description of the date of the decision, the nature of the railway services and the nature of the railway services. Railway to which the approved arrangements relate is assessed.

(2) Before a new safety certificate issued by the railway undertaking, the Federal Minister of Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology, has to prove that it has a certified certificate Security management system.

(3) Before a new safety certificate issued by the railway undertaking, the Federal Minister of Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology, has to prove that it is the one for the granting of a permit in accordance with § § 37a necessary conditions are still fulfilled. "

18. § 37c together with headline reads:

" Withdrawal of security certificates

§ 37c. (1) The railway undertaking shall be the Federal Minister for Transport, Innovation and Technology

1.

withdraw the safety certificate part A during its period of validity if it has its registered office in Austria and it no longer has a certified safety management system; or

2.

to withdraw the safety certificate part B during its period of validity, if:

a)

it has been withdrawn from it pursuant to section 37a; or

b)

within one year of the delivery of the safety certificate, part B, it has not exercised any access to the rail infrastructure or parts thereof to which the approved arrangements relate.

(2) A railway undertaking based in Austria is obliged to report to the Federal Minister for Transport, Innovation and Technology the existence of the state of descaling of paragraph 1 (1) (1) (1). A railway undertaking located in Austria, in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation , the Federal Minister of Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology, is obliged to state the provisions of the first paragraph of Section 1 (2) of the Equalization (b) report.

(3) Rail transport undertakings shall return to the Authority unsolicits'safety certificates-Part A or safety certificates-Part B which have been withdrawn or whose validity has expired. '

19. § 37d reads:

" § 37d. (1) The Federal Minister for Transport, Innovation and Technology has, within a period of four weeks, of the European Railway Agency the issuing, re-exhibition and withdrawal of a safety certificate-Part A and a Safety certificate-Part B, stating the name and address of the railway undertaking, the date of issue, the new exhibition or the withdrawal of the safety certificate-Part A or the safety certificate-Part B, the period of validity of an issued or newly issued safety certificate, A or a safety certificate-Part B and the railways which are covered by such a certificate. Moreover, if the safety certificate part A or the safety certificate part B have been withdrawn, the European Railway Agency shall be notified of the reasons for the withdrawal.

(2) The Federal Minister for Transport, Innovation and Technology shall notify the withdrawal of a safety certificate-Part B of the foreign authority which has issued the safety certificate-Part A to the railway undertaking. "

20. Instead of section 39c of the first sentence, the following sentences occur:

" The established security management system is from a according to the Accreditation Act (AkkG), BGBl. No 468/1992, should be certified. It can be seen from the certificate that the safety management system corresponds to § § 39a and 39b as well as to criteria specified in accordance with Union law and is suitable for achieving the objectives set out in § 39. "

21. In § 50 (4) the first two sentences are:

" Whether in the area of a railway railway crossing for automation-assisted determination of one of the administrative transgressions referred to in paragraph 1 of a railway undertaking entitled to the construction and operation of a railway, a railway undertaking shall: The district administrative authorities and police directorates referred to in paragraph 1 shall decide, on a case-by-case basis, in accordance with local conditions and transport requirements. The image-processing technical facilities set up shall be made available to these authorities for use. "

22. § 56 reads:

" § 56. The allocation body shall grant access to the rail infrastructure of the main and interconnected runways by means of the allocation of train paths in a non-discriminatory way, and a safety certificate shall also be issued by the person entitled to access the railway infrastructure. Part A and a Safety Certificate-Part B shall be submitted. "

Section 71 (3) reads as follows:

" (3) The allocation body shall, in coordination with the other authorities concerned, have no unnecessary postponing, but no later than one month, in respect of the allocation of train paths to be taken into account in the preparation of the network plan. after expiry of the time limit for the draft network plan, in the event of a coordination procedure being carried out at the latest ten working days after completion of the draft network plan. A defect lifting order has the effect that it is only with the complete correction of the defect that the desire is deemed to have been received. The decision shall be made in accordance with the provisions of this Federal Law either in the form provided for in § 70a or by a written rejection of the desire to be sought. "

24. In § 71, the previous paragraph 4 receives the title "(7)" ; in accordance with paragraph 3, the following paragraphs 4, 5 and 6 shall be inserted:

" (4) The allocation body shall, in coordination with the other allocation bodies concerned, without unnecessary delay, at the latest, by means of a desire for the allocation of train paths which are not to be taken into account in the preparation of the network plan. to decide within five working days from the date of receipt of the written request. A defect lifting order has the effect that it is only with the complete correction of the defect that the desire is deemed to have been received. The decision shall be made in accordance with the provisions of this Federal Law either in the form provided for in § 70a or by a written rejection of the desire to do so.

(5) In order to provide for other services of a railway infrastructure company, the allocation body and the railway undertakings shall be entitled to provide services and to the additional service. The operation of deferrals shall be decided by the railway undertaking without any unnecessary delay and no later than one month after the date of receipt of the written request. A defect lifting order has the effect that it is only with the complete correction of the defect that the desire is deemed to have been received. The decision shall be made in accordance with the provisions of this Federal Law either in the form provided for in § 70a or by a written rejection of the desire to do so.

(6) In order to provide for other services of a railway infrastructure company, the allocation body and the railway undertakings shall be subject to the provision of services and the additional benefit The operation of defering operations shall be decided by the railway undertaking without any unnecessary delay and at the latest within five working days of the date of receipt of the written request if it has been received in connection with a desire to: Allocation of train paths which do not apply to the Network plan creation is to be considered. A defect lifting order has the effect that it is only with the complete correction of the defect that the desire is deemed to have been received. The decision shall be made in accordance with the provisions of this Federal Law either in the form provided for in § 70a or by a written rejection of the desire to be sought. "

Section 72 (1) reads as follows:

" (1) If the right of access to the assignment of train paths or the provision of other services of a railway infrastructure company is refused by the allocation body or an agreement is reached between the allocation body, and the person entitled to access

1.

a request for the provision of other services by a railway infrastructure company within one month from the date of submission of the request to the allocation body;

2.

on the provision of other services provided by a railway infrastructure undertaking in connection with a request for the allocation of train paths which should not be taken into account in the preparation of the network plan , within five working days from the date of the request at the point of allocation,

3.

on the allocation of train paths to be taken into account when the network timetable is drawn up, within one month after the date of expiry of the draft opinion on the draft network plan, in the case of the implementation of a coordination procedure within 10 working days of its conclusion and

4.

on the allocation of train paths which are not to be taken into account when the network timetable is drawn up, within five working days from the date of the request at the point of allocation

or if the train path affected by the payment has not been or has been assigned to another access advertiser, the person entitled to access may lodge a complaint to the Rail Control Commission. "

26. In accordance with § 72 (1), the following paragraph 1a is inserted:

" (1a) The complaint shall be made in writing and, alternatively,

1.

a request for the assignment of the coveted train path, together with the description of the essential content of the contract to be pursued or the document to be sought, or

2.

an application for the provision of other services, together with the description of the essential content of the contract to which the contract is sought, or the document to be sought, or

3.

a request to establish that, contrary to the provisions of this Federal Law, the allocation of the coveted train route has not been made to the complainant, but to another person entitled to access,

to be included. "

27. § 72 (2) reads:

" (2) The allocation body to which the desire has been made has provided the Commission with the information necessary for the decision on the complaint, in particular correspondence with all the allocation bodies concerned, within one week after the request by the Rail Control Commission. "

The first sentence of Article 72 (4) reads as follows:

" The Rail Control Commission shall, after consulting the allocation body responsible for the allocation and the person entitled to access, have within a period of two months after receipt of the complaint, in the case of the request for the decision on the complaint must be made within a period of two months from the date of submission of such information. "

The first sentence of Article 73 (1) reads as follows:

" Where the rights of access authorised to a railway undertaking are refused on the basis of the provision of services and the additional performance of the operation of the operation of the operation of the operation, or if an agreement is reached between the railway undertaking and the person entitled to access within one month, in the event that the request is made in connection with a reference to the allocation of train paths which is not to be taken into account in the drawing up of the network plan, within five working days from the date of arrival of the coveted railway undertaking , the access entitled may lodge a complaint to the Commission's Rail Control Commission. "

30. § 73 (2) reads:

" (2) The rail transport undertaking to which the desire has been made has the Commission's rail control commission the information required for the decision on the complaint within one week of being requested by the Rail Control Commission. "

31. § 73 (4), first sentence reads:

" The Rail Control Commission, after consulting the railway undertaking and the person entitled to access, has within a period of two months after the receipt of the complaint, in the case of the request for the decision on the complaint, the information required within a period of two months from the date on which such information is available. "

32. In § 75c the word group is deleted "A safety certificate part A and B or" and shall be the expression "Safety Certificate Part B" by the expression "Safety certificate-Part B" replaced.

33. The following sentence shall be added to section 78a (4):

"Rail companies have to provide rail control GmbH with information on customer satisfaction at their request."

34. The 8. Part with headline is:

" 8. Part

Interoperability

1. Main item

Scope

§ 86. (1) This legislative part is based on the main railways belonging to the Austrian railway system, connected trams and connecting trains to or from freight terminals and ports, and to the rail vehicles operated on such railways or to be operated.

(2) This legislative part shall not apply to:

1.

Subsystems and the extension of subsystems of such cross-linked trams, which are not included in the map presentation 3.17 of Annex 1 to Decision No 661 /2010/EU on Union guidelines for the development of the trans-European transport network , and

a)

which are functionally separate from the main railways or other side-tracks and which were functionally separate, up to and including the date of 1 September 2011, and on which only rail transport services for the transport of persons in the city, suburb or suburb are functionally separate; be allowed to be provided on the cut-off date of 1 September 2011, or

b)

designed, in accordance with the conditions of their railway installations and of their railway safety installations, primarily for the management of the transport of persons in urban, suburban or regional transport, and up to and including the Date of 1 September 2011,

to the extent that these subsystems relate to railway installations and railway safety installations;

2.

Partial systems of cross-linked trams which are not shown in the map presentation 3.17 of Annex 1 to Decision No 661 /2010/EU, and

a)

which are functionally separate from the main railways or other side-tracks and which were functionally separated only after the end of the closing date of 1 September 2011 and on which only railway services for the transport of persons in the city, suburb or suburb are functionally separate; regional transport can only be provided after the end of the closing date of 1 September 2011, or

b)

designed, in accordance with the conditions of their railway installations and their railway installations, primarily for the purpose of carrying out operations for the transport of persons in urban, suburban or regional transport, and only after the expiry of the Date of 1 September 2011,

to the extent that these subsystems relate to railway installations and railway safety installations, where the fulfilment of the technical specifications for interoperability adopted for these subsystems is an economic one, or to make unreasonable changes or adaptation of existing subsystems and to ensure the safety of the operation of the railway, the operation of railway vehicles on the railways and the transport of railway vehicles to others; can be guaranteed;

3.

subsystems, in particular rail vehicles, and interoperability constituents, which are used by rail transport undertakings exclusively on interconnected side-tracks, in accordance with Z 1 and 2;

4.

railway vehicles which are used exclusively locally, within certain local and functionally separate operating areas defined by railway infrastructure undertakings;

5.

Nostalgieschienenvehicles.

(3) The Federal Minister for Transport, Innovation and Technology may, if this appears in the interest of full education in accordance with uniform criteria, refer to cross-linked trams pursuant to paragraph 2.

2. Main piece

Interoperability of the rail system

Section 1

General

Purpose

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

Interoperability

§ 88. Interoperability is understood to mean the suitability of a rail system for safe and continuous train traffic, in accordance with the performance characteristics required for the railways belonging to them.

Technical specifications for interoperability (TSI)

§ 89. Technical specifications for interoperability (TSIs) are the specifications which apply to each subsystem or part thereof with a view to meeting the essential requirements and which are the interoperability of the Rail system.

Conversion

§ 90. Conversion is understood to mean extensive modification work on a subsystem or parts thereof, with which the overall performance of the subsystem is improved.

Renewal

§ 91. Renewal is to be understood as an extensive work for the exchange of a subsystem or part thereof, with which the overall performance of the subsystem is not changed.

Notified bodies

§ 92. (1) notified bodies shall be responsible for the tests and evaluations provided for in this main piece

1.

accredited bodies to be drawn up pursuant to the Accreditation Act, notified in accordance with paragraph 2, or

2.

other bodies to be used in the bodies referred to in Article 28 (1) of Directive 2008 /57/EC on the interoperability of the rail system in the Community, OJ L 124, 20.4.2008, p. No. OJ L 191, 17.06.2008, p. 1, published in the Official Journal of the European Union, with its identification number and with the indication of its area of competence.

(2) The Federal Minister for Economic Affairs, Youth and the Family shall have those accredited bodies responsible for carrying out procedures for the evaluation of the conformity and suitability for use of interoperability constituents and for the implementation of EC verification procedures for subsystems shall be accredited, the European Commission and the other Member States of the European Union shall be notified with notification of the scope of the accreditation and of the identification number assigned to them by the European Commission .

Basic requirements

§ 93. The essential requirements shall be those conditions which must comply with the railway system, subsystems and interoperability constituents, including interfaces, and which are listed in Annex III to Directive 2008 /57/EC.

Provision of data

§ 94. The Federal Minister of Transport, Innovation and Technology shall provide the European Railway Agency responsible for the preparation of the TSI with all available data necessary for it to be drawn up, adopted or approved. the revision of each TSI to take account of all the foreseeable costs and the foreseeable benefits of all the technical solutions tested and the interface between them, with the aim of identifying and identifying the most advantageous solutions; . Railway undertakings shall have such available data available to the Federal Minister for Transport, Innovation and Technology.

Section 2

Interoperability constituents

Definition

§ 95. Interoperability constituents shall be components, groups of components, sub-assemblies or complete assemblies of material incorporated or intended to be incorporated into a subsystem and from which the interoperability of the railway system shall be directly or indirectly indirectly. Components are material products, but also intangible products such as software.

In-traffic

§ 96. (1) Only such interoperability constituents may be placed on the domestic market which will enable the interoperability of the railway system to be achieved and comply with the essential requirements. This shall not apply to interoperability constituents which are used at the present or for other rail tracks and rail vehicles covered by the scope of this law. The transfer of interoperability constituents for the purpose of storage, scrapping, their conformity assessment or suitability for use shall not be considered as placing on the market.

(2) An interoperability constituent for which an EC declaration which has been placed on the market and which is used as intended to comply with the essential requirements has an adverse effect on compliance with the essential requirements, the Federal Minister for Transport, Innovation and technology by Regulation a ban on the placing on the market of and free movement of goods with components of the same type.

(3) The Federal Minister for Transport, Innovation and Technology shall inform the European Commission of a regulation pursuant to paragraph 2 of the European Commission, stating the reasons on which such a regulation is based, in particular: whether the interoperability constituent in question is therefore not in conformity with the following:

1.

the European specifications used have not been properly applied, or

2.

the European specifications are incomplete.

(4) The Regulation should be repealed by the Federal Minister for Transport, Innovation and Technology when the European Commission informs the Republic of Austria that it prohibiting the placing on the market of and the free movement of goods with the latter Interoperability constituent is considered to be unfounded.

(5) Monitoring of compliance with the provisions on the placing on the market of and the free movement of goods with interoperability constituents as referred to in paragraphs 1 and 2 is the responsibility of the district administrative authority. The institutions of the District Administrative Authority shall, in the exercise of such supervision, be empowered to produce premises, business premises and premises serving for business and operation, in or on which interoperability constituents are manufactured, for the purpose of: In-traffic-Bringens are stored or issued, enter into operating and business hours, inspect the interoperability constituents and check them.

Assessment of conformity or suitability for use

§ 97. Each interoperability constituent shall be subject to the procedure referred to in the relevant TSI for the assessment of conformity or, where appropriate, the suitability for use, and shall be subject to conformity or, where appropriate, to the The certificate must be provided with a certificate. Spare parts of subsystems which have already been put into service at the date of entry into force of the relevant TSIs may be incorporated into this subsystem without this procedure.

EC declaration

§ 98. For an interoperability constituent, the manufacturer or his authorised representative established within the Community shall issue an EC declaration of conformity or, where appropriate, an EC declaration of suitability for use, which shall be set out in Annex IV to the Directive 2008 /57/EC. In so doing, the TSI provisions relating to the interoperability constituent shall apply.

(2) The conformity or, where appropriate, the suitability for use of an interoperability constituent shall be assessed by the notified body which the manufacturer or his authorised representative established within the Community has entrusted, if this is the case, in the the TSI is provided for in the interoperability constituent.

(3) If an interoperability constituent has also to comply with other requirements which are normalised in other federal laws adopted in the implementation of Community directives, the EC declaration must also satisfy the requirements of those other requirements. Requirements can be seen.

(4) contrary to paragraph 1, where the manufacturer or his authorized representative established within the Community has not issued an EC declaration of conformity or a declaration of suitability for use, contrary to paragraph 2, no notified body shall have a notified body of conformity with the assessment of conformity or, where appropriate, of the suitability for use, or if the EC declaration of conformity or suitability for use does not comply with the provisions of paragraph 3, the obligations of paragraphs 1 to 3 shall be applied to the person who has Placing the interoperability constituent on the market.

(5) The existence of an EC declaration of conformity or an EC declaration of suitability for use for an interoperability constituent justifies the rebuttable presumption that it meets the essential requirements relating to it.

Incorrect EC declaration

§ 99. If an interoperability constituent for which an EC declaration of conformity or an EC declaration of suitability for use is available proves to be non-compliant or suitable for use, the Federal Minister for Transport, Innovation and Technology has informed the the EC declaration of conformity or suitability for use in question for the purpose of invalidating the EC declaration of suitability for use. The Federal Minister of Transport, Innovation and Technology has to inform the European Commission and the other Member States of the European Union of this measure, giving the reasons.

Section 3

Subsystems

Definition

§ 100. Sub-systems are the subdivision of the railway system listed in Annex II to Directive 2008 /57/EC.

Compliance with the essential requirements

§ 101. (1) The subsystems must comply with the essential requirements. Where a relevant TSI is applicable, interoperability of a subsystem with regard to the fulfilment of the essential requirements shall be based on this TSI or on the basis of a published by the European Railway Agency. the technical opinion with which it is to be amended.

(2) Where no relevant TSI is present or if such a TSI is declared inapplicable, it shall:

1.

a building permit, a component type-approval and an operating licence for a structural subsystem, in addition to other authorisation requirements, on condition that it is based on the usual technical Rules and the national national authorities published on the Internet site of the Federal Ministry of Transport, Innovation and Technology pursuant to Article 8 of Directive 2004 /49/EC by the Federal Minister for Transport, Innovation and Technology safety regulations comply with the essential requirements; and has

2.

the Federal Minister for Transport, Innovation and Technology to present to the other Member States of the European Union and the European Commission an updated list of these common technical regulations; it has this Also on the Internet on the website of the Federal Ministry of Transport, Innovation and Technology to publish.

(3) The Federal Minister for Transport, Innovation and Technology has also published on the Internet website of the Federal Ministry of Transport, Innovation and Technology the references to the acts adopted by the TSI in the Official Journal of the European Union. and, insofar as the date of their entry into force is not in any case apparent from those acts, the date of their entry into force shall be made known.

Non-applicability of the TSI

§ 102. (1) In the following cases, the Federal Minister of Transport, Innovation and Technology has to declare certain TSIs with a communication not applicable:

1.

in the case of a project for the construction of a new subsystem and in the case of projects for the renewal or conversion of existing subsystems which are at an advanced stage of development at the time of publication of the TSI in question or which are the subject matter of a contract in the implementation of the contract;

2.

for the renewal or upgrading of an existing subsystem, if the TSI for the clearance gauge, the track gauge, the track distance or the electrical voltage provides for arrangements which are incompatible with the existing subsystem;

3.

for the renewal, extension or conversion of an existing subsystem in which the application of the TSI in question would endanger the economic viability of the project or the consistency with the Austrian the railway system would be affected;

4.

in the case of projects for the rapid re-establishment of a subsystem destroyed or damaged by natural disaster, if the conditions for a partial or full application of the TSI are not economically or technically .

(2) In all the cases referred to in paragraph 1, the Federal Minister of Transport, Innovation and Technology has to inform the European Commission of the proposed exemption in the investigation procedure and that it has the following information in Annex IX to Directive 2008 /57/EC. shall be submitted. In the cases referred to in paragraph 1 (1) (2) and (3), the decision of the European Commission shall be awaiting the decision to take place, but only for a period of not more than six months.

EC declaration of verification

§ 103. (1) An EC declaration of verification must be issued for the operation of a new, renewed or upgraded subsystem for which a TSI is present and which is to be applied, which must comply with Annex V to Directive 2008 /57/EC and which shall be subject to the following conditions: EC verification is based on.

(2) The EC declaration of verification shall be issued by the adjudicating entity or its authorised representative. They shall have the EC verification carried out at a notified body of their choice. The contract for the notified body responsible for the EC verification shall cover the whole period from the planning to the construction to the final inspection before the subsystem is put into service. The contract shall also include the examination of the interfaces of the subsystem concerned with the system of which it forms part; in so far as such information exists, this examination shall, on the basis of the one in the TSI, with the exception of one any information which has been declared inapplicable and which shall be provided in the infrastructure register and in the register of vehicle types established and maintained by the European Railway Agency.

(3) The notified body must draw up all the technical documentation which must be accompanied by an EC declaration of verification. The technical documentation must contain:

1.

all necessary documents relating to the characteristics of the subsystem;

2.

where appropriate, all certificates relating to the conformity of the interoperability constituents;

3.

Information on operating conditions and restrictions, maintenance, ongoing or periodic monitoring, operation and maintenance.

(4) The existence of an EC declaration of verification justifies the rebuttable presumption that the structural subsystem complies with the essential requirements.

EC verification

§ 104. Annex VI to Directive 2008 /57/EC is to be applied to the EC verification.

Special provision for the granting of operating licences

§ 105. (1) As a result of the re-erection or modification of a railway system or non-stationary railway engineering facilities, as well as a rail vehicle, a changed rail vehicle or a used foreign rail vehicle, a new one, renewed or re-equipped subsystem for which a TSI is present and which is to be applied, the operating licence shall be granted in addition to other operating grant requirements only on condition that the Authority has one of the following: Federal law corresponding EC declaration of verification for this new, renewed or shall be submitted to the subsystem.

(2) However, the issuing of an EC declaration of verification for a new, renewed or upgraded subsystem shall require a previously approved railway system, a non-stationary railway technical facility or a non-stationary railway installation, or a the type-approved rail vehicle must be put into service, the entry into service of such a railway installation, such a non-stationary railway equipment or such a railway vehicle, shall also not be granted; Operating licence shall be granted for a period not exceeding one year, if: a certificate or a declaration corresponding to the content of the certificate of a person recorded in the list pursuant to § 40, that the building permit or component type-approval has been granted in accordance with the railway law.

Section 4

Rail vehicles

Special provision for the component type-approval procedure

§ 106. If a type-approval for a rail vehicle and in another Member State of the European Union or in another Contracting Party to the Agreement on the European Economic Area, a permit corresponding to component type-approval , the Authority shall endeavour to work with the other national security authorities of those States in order to simplify the administrative procedure and to minimise the administrative burden on the rail vehicle. cooperate and, where possible, recorded evidence of these other to take over national security authorities and to honor them as if they had taken up the authority itself. Section 32a is to be applied with the proviso that the opinions can also be submitted only after the component type-approval request has been submitted and that the authority has to determine which relevant subject areas have to include these opinions.

Information to the European Railway Agency

§ 107. The Authority shall inform the European Railway Agency of any type-approval and operating grant notices relating to new or modified rolling stock.

European vehicle number

§ 108. (1) The holder shall ensure that a European vehicle number is fitted on the rail vehicle which it holds.

(2) The rail infrastructure service company mbH has to assign a European vehicle number to a rail vehicle with the entry in the register register. Unless otherwise specified in the relevant TSIs, no European vehicle number shall be allocated for such a rail vehicle, and for such a rail vehicle, a European vehicle number in another Member State of the European Union shall be granted. Union or any other party to the Agreement on the European Economic Area.

Entry in the recruitment register

§ 109. (1) The holder of a rail vehicle held by him shall ensure that:

1.

that the rail vehicle is registered in the recruitment register, and

2.

that changes in data appearing in the record set up for the rail vehicle in the recruitment register will be entered in the recruitment register.

(2) Paragraph 1 shall not apply to such rail vehicles, which are excluded from the registration in the recruitment register in accordance with Section 113 (2).

(3) The holder shall ensure the withdrawal of the registration of a rail vehicle from the register of hiring registers, if the rail vehicle is permanently withdrawn.

3. Main piece

Infrastructure Register

Contents of the register

§ 110. (1) The railway undertakings shall draw up an infrastructure register in respect of the railways falling within the scope of this legislative framework. In the register, the main characteristics and their conformity with the characteristics prescribed in the TSI to be applied shall be presented for each subsystem or part thereof. In addition, the register shall contain the information which is required to be presented in the TSIs.

(2) The Infrastructure Register shall comply with the specifications to be adopted by the European Commission for its presentation, its format, its updating rhythm and its instructions for use.

Publication of the register

§ 111. The infrastructure registers shall be published on the Internet on the Internet site of the railway undertakings and shall be updated in accordance with the updating rate laid down in the specifications referred to in Article 110 (2).

4. Main piece

Settings tab

Establishment, management and updating

§ 112. (1) The Rail Infrastructure Services Company mbH has to set up, run and regularly update a recruitment register.

(2) The Federal Minister for Transport, Innovation and Technology may issue instructions to the Rail Infrastructure Service Company mbH for the establishment, management and regular updating of the recruitment register.

Contents

§ 113. (1) The recruitment register shall comply with the common specifications set out in the Annex to the Commission Decision on the inclusion of a common specification for the national recruitment register (2007/756/EC).

(2) The settings register is used for the detection of rail vehicles. In so far as it is required under Decision 2007 /756/EC, registration in the recruitment register shall not include such rolling stock which already exists in a national recruitment register of another Member State of the European Union, or of another Contracting Party to the Agreement on the European Economic Area.

Entry procedure

§ 114. (1) The rail infrastructure services company mbH has made a decision on applications for the registration of rail vehicles in the recruitment register, changes already made in the recruitment register or on the withdrawal of the number of entries. to apply the AVG to an already completed entry in the Settings Register. The appointment shall be admissible against the deserted fog of the rail infrastructure service company mbH. The Authority is the Federal Minister of Transport, Innovation and Technology. By way of derogation from Section 66 (4) of the AVG, if the appeal is wholly or partly justified, the decision to appeal has to be that the rail infrastructure services company mbH is obliged to appeal to the extent of its Permission to comply.

(2) The holder of a rail vehicle, which must be registered in the register of adjustments, shall have its registration in the register of hiring registers, the registration of the change of data in the record set up for the rail vehicle in the recruitment register. , or the withdrawal of an already completed entry from the register of recruitment. The application shall be in accordance with the form set out in Decision 2007 /756/EC and shall contain all the information requested in the form. The application shall be accepted if the correctness of the information contained in it has been determined. The application shall be deemed to have been completed with the application of the registration, the implementation of the change in the registration or the withdrawal of an entry. The applicant shall be required to deliver a written register of the register. In the case of the allocation of a European vehicle number, it shall be apparent from the register excerpt.

Information on data and information

§ 115. (1) The rail infrastructure service company mbH has to make arrangements that:

1.

the Authority, if it is required to carry out its tasks under the Railway Act of 1957,

2.

persons who are registered in the register of recruitment as maintenance authorities with regard to the rail vehicles assigned to them in this capacity and to their person,

3.

persons who have registered rolling stock in the recruitment register with regard to these rail vehicles and to their person,

4.

the European Railway Agency, where the exchange of information is necessary for the purpose of the investigation of the effects of the implementation of Directive 2008 /57/EC,

5.

the rails-control GmbH and the rail-control commission, if this is necessary for the decision of a complaint with which the allocation of a train path is sought,

6.

railway infrastructure undertakings with regard to the rail vehicles which are to be operated or operated on their railways,

7.

railway undertakings with regard to the rolling stock to which they are to be carried or to be carried, or

8.

the accident investigation body, where it is necessary to investigate incidents, with regard to rail vehicles involved in such incidents,

Information on the data and data contained in the recruitment register will be provided and the data protection legal admissibility of such a request for information will be guaranteed.

(2) Rail Infrastructure Service Company mbH shall have the authorities of another Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area, which shall be responsible for the Register of rail vehicles covered by the type-approval and approval of the operating licence, modifications to the data relating to this rail vehicle, the scrapping of this type of vehicle Rail vehicle or the intended decision, this rail vehicle be no longer recorded in the register of hiring registers, and to indicate immediately.

5. Main piece

Maintenance of rail vehicles

Holder

§ 116. (1) Holder is the holder who uses a rail vehicle as a means of transport as an owner or a right of disposal and as such in the data set of a national recruitment register of a Member State of the Member State of the The European Union or a Contracting Party to the Agreement on the European Economic Area.

(2) As a holder, it is only possible to enter into the domestic recruitment register who, as an owner or a right of disposal, uses or will use a rail vehicle as a means of transport and the rail vehicle held by him in the Domestic recruitment register is registered or is to be registered at the same time.

Maintenance Office

§ 117. A maintenance body shall be a body responsible for the maintenance of one in a national recruitment register of a Member State of the European Union or of one of the contracting parties to the Agreement on the European Economic Area , and in such a setting register, it is registered as such in the data set for this rail vehicle.

(2) As a maintenance centre for the maintenance of a rail vehicle, it is responsible and may be:

1.

the holder for a rail vehicle held by it, as long as it carries out the function of a maintenance post itself; or

2.

a third party as long as it is contractually obligated to the holder for the purpose of carrying out the function of a maintenance post for a rail vehicle held by the latter.

Responsibility for a maintenance post

§ 118. A holder shall be responsible for the maintenance of a maintenance post for a rail vehicle held by him, and shall register the latter for the rail vehicle in question in the domestic recruitment register if the rail vehicle is to be used in the domestic market. Recruitment register is registered or is to be registered.

Task of a maintenance post

§ 119. (1) A maintenance centre is responsible for the maintenance of rail vehicles.

(2) A maintenance centre may carry out the maintenance of a rail vehicle itself or can be carried out by plant operators.

Establishment of a maintenance system

§ 120. (1) A maintenance centre shall establish a maintenance system to ensure that a rail vehicle which it is responsible for maintenance is in a safe operating state. For this purpose, it shall ensure that the maintenance of the rail vehicle is carried out:

1.

on the basis of the maintenance documentation of the rail vehicle;

2.

on the basis of the maintenance provisions of this Federal Act or of regulations issued under this Federal Act;

3.

on the basis of maintenance provisions in the component type-approval certificate or if a component type-approval is not required, in the authorisations or authorisations of other Member States of the European Union or of other Contracting Parties to the Agreement on the European Economic Area, which corresponds to a component type-approval;

4.

on the basis of maintenance provisions in the relevant TSIs.

(2) The maintenance body shall require the holder, in so far as it does not carry out the function of a maintenance post, to perform the rail vehicle held by him within a period of eight weeks, if: Maintenance measures on the rail vehicle according to the maintenance regulations (para. 1 to 4) are to be carried out.

Certification of the maintenance system

§ 121. (1) A maintenance centre for freight wagons may only carry out this activity if it has a maintenance certificate issued by a body authorised to do so in accordance with the Accreditation Act, which has been designated in the following way: its maintenance system for freight wagons complies with the measure adopted by the European Commission in accordance with Article 14a (5) of Directive 2004 /49/EC for the introduction of a certification scheme.

(2) A body authorized to carry out certifications, having its head office in another Member State of the European Union, or having its registered office in another Contracting Party to the Agreement on the European Economic Area Maintenance-station certificate, which shows that the maintenance system for freight wagons is a maintenance centre of the measure adopted pursuant to Article 14a (5) of Directive 2004 /49/EC establishing a certification system , is one of an accredited body established in Austria exhibited in the same way.

(3) A Body (par. 1 and 2), the railway infrastructure service company mbH must immediately announce the revocation of a maintenance certificate issued by the railway infrastructure service company. If the maintenance office for freight wagons affected by it appears in a record register for a rail vehicle in the recruitment register, the rail infrastructure service company mbH has the holders who are responsible for this position with the The maintenance of freight wagons has been entrusted with the task of informing. Moreover, where the maintenance centre for freight wagons affected by the withdrawal of a maintenance station certificate is a railway undertaking or a railway infrastructure undertaking, it is also the case for the issue of a railway undertaking or a railway infrastructure undertaking. Safety certificate-Part A and a competent authority of a safety authorisation.

Special provisions for railway and rail infrastructure companies

§ 122. (1) If a maintenance centre for freight wagons affected by the withdrawal of a maintenance certificate is a railway undertaking with its registered office in Austria, it has a request for the updating of the safety certificate-Part A with the Federal Minister for Transport, Innovation and Technology. In this case, a new safety certificate-part A with updated content shall be issued. After their notification, the railway undertaking shall immediately deliver the no longer current safety certificate part A.

Where a railway infrastructure undertaking concerned from the withdrawal of a maintenance station certificate is a railway infrastructure undertaking, it shall submit an application for the updating of the safety authorisation to the Authority. This is to issue a new security approval with updated content. After their notification, the railway infrastructure company shall immediately deliver the no longer current safety authorisation. "

35. § 125 (1) reads:

"(1) Railways within the meaning of this law shall be those of the main national railways, sub-railways, or parts thereof, which are shown in the map presentation 3.17 of Annex 1 to Decision No 661 /2010/EU."

36. § 126 (3) reads:

" (3) The holder of a driving licence and a certificate, in which a class B motor vehicle and a railway are registered, shall also have the right to drive a motor vehicle of the class B registered in its certificate on a networked vehicle. By-way, which is not shown in the map presentation 3.17 of Annex 1 to Decision No 661 /2010/EU, to carry out and operate independently, provided that it has the required route knowledge. "

37. In § 158 Z 6, the word group "der rails-Control GmbH" through the word group "der rails-Control GmbH and the Rail Control Commission" replaced.

38. In § 161 Z 4, the word group shall be "der rails-Control GmbH" through the word group "der rails-Control GmbH and the Rail Control Commission" replaced.

39. In § 162 (2) Z 6, the expression "Safety certificate Part A and B" by the expression "Safety certificate-Part A" and the expression "Safety Certificate Part B" by the expression "Safety certificate-Part B" replaced.

40. In § 162 (3), second sentence, first half-sentence and third sentence, the word "Arrest penalty" by the word "Custodial Sentence" replaced.

41. In § 162 (3), second sentence, second half sentence, the phrase "Money and Arrest Punishment" through the phrase "the fine and the custodial sentence" replaced.

42. In § 162 (6) the word group shall be included in the introductory sentence. "§ § 47c and 49" through the word group "§ 49" and the expression " Art. IX (1) Z 5 of the EGVG " by the expression " Art. III (1) Z 2 of the Introductory Act to the Administrative Procedures Act 2008 (EGVG), BGBl. I No 87 " replaced, and in Z 2 the parenthesis "(§ 45 para. 3, § § 35 and 36 VStG)" by the parenthesis expression "(§ 30 para. 3, § § 35 and 36 VStG)" replaced.

43. In § 163 Z 15, the expression "Safety certificate Part A and B" by the expression "Safety certificate-Part A" and the expression "Safety Certificate Part B" by the expression "Safety certificate-Part B" replaced.

§ 165 reads:

" § 165. An administrative surrender is committed and is punishable by the district administrative authority with a fine of up to 7 000 euros, who

1.

Contrary to Article 96 (1), an interoperability constituent is placed on the market,

2.

of a regulation pursuant to section 96 (2) of this Regulation,

3.

Contrary to Article 96 (5), the institutions of the district administrative authority refuse access to the commercial and operating rooms or to the land used for business and operation,

4.

Contrary to § 103 (1), operates a subsystem,

5.

Contrary to Article 108 (1), it does not provide for the affixing of a European vehicle number on a rail vehicle;

6.

Contrary to Section 109 (1), it does not provide for the required entries in the recruitment register,

7.

Contrary to Section 110 (1), no infrastructure register is created,

8.

Contrary to § 118, no maintenance office is responsible for a rail vehicle,

9.

Contrary to § 120 para. 2, a rail vehicle does not present the maintenance office, or

10.

In accordance with Article 121 (1), the activities of a maintenance office are carried out. "

45. § 170 with headline reads:

" Reference to acts of the European Community

§ 170. The following acts of the European Community are implemented by this Federal Act:

1.

Directive 91 /440/EEC on the development of the Community's railways, OJ L 230, 17.7.1991. No. 25), as last amended by Directive 2007 /58/EC, OJ L 237, 24.8.2007, p. No. OJ L 315, 3.12.2007 p. 44;

2.

Directive 95 /18/EC on the licensing of railway undertakings, OJ L 134, 30.4.1995, p. No. OJ L 143 of 27.06.1995 p. 70, as last amended by Directive 2004 /49/EC, OJ L 143, 30.4.2004, p. No. OJ L 164, 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 L 197, 21.7.2001, p. No. 29., as last amended by Directive 2007 /58/EC, OJ L 73, 14.3.2007, p. No. OJ L 315, 3.12.2007 p. 44;

4.

Directive 2008 /57/EC on the interoperability of the rail system in the Community, OJ L 136, 31.7.2008, p. No. 01, as last amended by Directive 2011 /18/EU amending Annexes II, V and VI to Directive 2008 /57/EC on the interoperability of the rail system in the Community, OJ L 206, 22.7.2008, p. No. OJ L 57, 2.03.2011 p. 21;

5.

Directive 2004 /49/EC on safety on the Community's railways and amending Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC on the allocation of infrastructure capacity of railway undertakings Rail, the levying of charges for the use of railway infrastructure and the safety certificate, OJ L 327, 28.4.2002, p. No. OJ L 164 of 30.04.2004 p. 44, as last amended by Directive 2009 /149/EC, OJ L 164, 30.4.2009, p. No. OJ L 313, 28.11.2009 p. 65;

6.

Directive 2007 /59/EC on the certification of train drivers operating trains and locomotives in the rail system in the Community, OJ L 327, 28.2.2007, p. No. OJ L 315, 3.12.2007, p. 51;

7.

Directive 96 /82/EC on the control of hazards involving dangerous substances, OJ L 327, 30.4.1996, p. No. L 10 of 14 13), as last amended by Directive 2003 /105/EC, OJ L 327, 31.12.2003, p. No. OJ L 345, 31.12.2003, p. 97.

46. In § 171, para. 2 and 3 as well as with the previous paragraph 1, the description of the outline "(1)" .

§ 175 (4), (5), (6), (7) and (21) are deleted.

48. In § 13b, the quotation mark after the end of the sentence is deleted. In section 21c (1) Z 7, the word shall be: "railway infrastructure undertaking" by the word "railway infrastructure undertaking" replaced, in section 59a (1), the phrase "and the additional benefit" through the phrase "and the additional performance" replaced, in § 78b paragraph 2 Z 1, the word group shall be replaced by "unreasonable" through the word group "unreasonable" replaced, in § 154 (7) the word group shall be replaced by "or the landing" through the word group "or the landing" replaced, in section 157 (1), the word group shall be replaced by "The Driving Licence Register" through the word group "The Driving Licence Register" , and in Section 164 (5) (1), the word group shall be "or general terms and conditions" through the word group "or the general terms and conditions" replaced. In Section 175 (2), the quote is "§ 57 Z 4" by quoting "§ 57 Z 3" replaced.

49. The table of contents is:

" TOC

Part 1: Definitions

§ 1. Railways

§ 1a. Railway infrastructure companies

§ 1b. Railway undertakings

§ 1c. Integrated railway undertakings

§ 1d. International grouping

§ 1e. Urban and suburban transport

§ 1f. Regional transport

§ 1g. International freight transport

§ 1h. Cross-border passenger transport

§ 2. Public Railways

§ 3. Non-public railways

§ 4. Main railways, runways

§ 5. Trams

§ 7. Connecting paths

§ 8. Material webs

§ 9. Common security methods

§ 9a. Common security objectives

§ 9b. State of the art

§ 10. Railway installations

§ 10a. Rail infrastructure

Part 2: responsibilities and tasks of the railway authorities

§ 11. Decision on preliminary questions

§ 12. Public authority

§ 13. Agency Tasks

§ 13a. Annual report

§ 13b. Security recommendations

3. Part: Construction and operation of railways, construction and operation of rail vehicles on railways and traffic on railways

1. Main piece: concession

§ 14. Requirement of concession

§ 14a. Concession proceedings

§ 14b. Time limit for operation, duration of concession

§ 14c. Acquisition of a railway

§ 14d. Extension of the concession period

§ 14e. Concession Withdrawal

§ 14f. Quenchment of the concession

2. Main item: Transport permit

§ 15. Requirement of transport authorisation

§ 15a. Documents relating to the application

§ 15b. Requirements

§ 15c. Reliability

§ 15d. Financial performance

§ 15e. Professional competence

§ 15f. Decision making

§ 15g. Time limit for transport

§ 15h. Reviews

§ 15i. Deprivation, restriction

§ 15j. Participation obligations

§ 15k. Deletion of traffic permit

3. Main piece: Transport concession

§ 16. Transport concession requirement

§ 16a. Documents relating to the application

§ 16b. Requirements

§ 16c. Time limit for transport

§ 16d. Reviews

§ 16e. Deprivation, restriction

§ 16f. Extinguisher of the traffic concession

4. Main item: Approval for non-public railways

§ 17. Approval requirement

§ 17a. Approval procedure

§ 17b. Works transport, restricted-public transport

5. Main piece: Rights of the railway undertaking

§ 18. Construction and operating rights

§ 18a. Protection against unreasonable competition

§ 18b. Right of expropriation

§ 18c. Patient rights

§ 18d. Rail replacement traffic

6. Main piece: obligations of the railway undertaking

§ 19. Arrangements

§ 19a. Periodic reviews

§ 19b. Setting for security reasons

§ 19c. Reporting obligation in case of accidents and incidents

§ 20. Transport facilities, watercourses

§ 20a. Cemeteries, protective buildings

§ 21. Operational Manager

§ 21a. General arrangements for railway staff

§ 21b. Independent driving and operating of a motor vehicle

§ 21c. Qualified activities

§ 22. Tariff, schedule

§ 22a. Conditions of compensation

§ 23. Direct handling, continuous tariff

§ 24. Public services

§ 25. Legal acts subject to authorisation

§ 26. Obligation to provide information for the railway undertaking

§ 27. Facilitation

§ 28. Cessation of economic unacceptability

§ 29. Dismissal of a railway

§ 30. Railway supervisory bodies

§ 30a. Presence of dangerous substances

7. Main piece: Construction, modification and commissioning of railway systems, non-stationary railway safety installations and commissioning of rail vehicles

1. Section: Railway Legal Construction Approval

§ 31. Requirement of a railway construction permit

§ 31a. Application

§ 31b. Design

§ 31c. Oral proceedings

§ 31d. Touched interests

§ 31e. Parties

§ 31f. Approval requirements

§ 31g. Construction deadline

§ 31h. Maximum court waiver of a building permit modest

2. Section: component type-approval

1. Subsection: Rail vehicles

§ 32. Requirement of component type-approval

§ 32a. Application

§ 32b. Approval requirements

§ 32c. Permissions

§ 32d. Fixed-term contracts in component type-approval

§ 32e. Fixed-term testing of rail vehicles

2. Subsection: Railway safety equipment

§ 33. Admissibility of component type-approval

§ 33a. Application

§ 33b. Approval requirements

§ 33c. Fixed-term contracts in component type-approval

Section 3: Operating permit

§ 34. Requirement of operating licence

§ 34a. Connection with other approvals

§ 34b. Application

§ 35. Granting of operating licence

Section 4: Approval-free projects

§ 36.

8. Main item: Safety certificate

§ 37. Requirement of a safety certificate

§ 37a. Provisions of the railway undertaking

§ 37b. Exhibition of safety certificates

§ 37c. Withdrawal of safety certificates

§ 37d. Participation obligations

9. Main item: Security Approval

§ 38. Requirement of a security permit

§ 38a. Evidence of measures taken by the railway infrastructure company

§ 38b. Exhibition of Security Approval

§ 38c. Withdrawal of the security permit

§ 38d. Participation obligations

10. Main piece: Safety management system, safety report

§ 39. Introduction of a security management system

§ 39a. Purpose of the security management system

§ 39b. Essential elements of the safety management system

§ 39c. Certification of the security management system

§ 39d. Security Report

11. Main piece: Other

§ 40. List of technical fields of railway engineering

§ 40a. Pre-Work

§ 40b. Federal Law of the Federal Republic of Germany

§ 41. Foreign acts

3a. Part: Regulations, behaviour within railway systems

1. Main piece: Anrainerclauses

§ 42. Construction prohibited area

§ 43. Hazardous area

§ 43a. Fire area

§ 44. Elimination of an illegal state

§ 45. Elimination of risk-bearing hazards

2. Main piece: behaviour within railway systems and in rail vehicles

§ 46. Behaviour within the railway systems

§ 47. Entry for non-specific points of railway installations

§ 47a. Use of non-public railway crossings

§ 47b. Rail users

3. Main item: Other

§ 47c. Protection rules

4. Part: intersections with traffic routes, railway crossings

1. Main piece: construction redesign of traffic routes, dismissal of railway crossings

§ 48. Arrangement of the constructional transformation and the dismissal

2. Main piece: rail-rich rail crossings

§ 49. Securing and behavior when approaching and translating

§ 50. Image processing technical equipment

Part 5: Link of railway tracks

§ 53a. Connection and co-use

§ 53b. Treatment of connection and co-use requests

§ 53c. Complaint to the Rail Control Commission

§ 53d. Presentation of contracts

§ 53e. Compulsory measures

§ 53f. Competition supervision

6. Part: Regulation of the rail transport market

1. Main piece: General

§ 54. Purpose

§ 55. Separation measures

2. Main piece: Access to the rail infrastructure of the main and secondary railways

1. Section: General

§ 56. Access to rail infrastructure

§ 57. Beneficiaries

§ 57a. Requirements for access rights

§ 57b. Prohibition of the operation of international passenger transport

§ 58. Other benefits

§ 59. Rail Network Terms and Conditions

§ 59a. Terms and conditions

§ 59b. Reservation Cost

§ 60. Withdrawal of train paths

§ 62. Allocation Body

2. Section: Allocation of train paths

§ 63. Allocation principles

§ 64. Framework

§ 64a. Cooperation of allocation bodies

§ 65. Network plan creation

§ 65a. Infrastructure capacity for regular maintenance

§ 65b. Coordination procedure

§ 65c. Overloaded rail infrastructure

§ 65d. Capacity Analysis

§ 65e. Plan to increase infrastructure capacity

§ 66. Special measures for disturbances

Section 3: Use charges and other charges

§ 67. Rules for the determination of the use charges

§ 68. Determination of the use charges

§ 68a. Negotiations on the level of the use of the user

§ 69. Collection of charges for use

§ 70. Other charges

4. Section: Treatment of desire, complaint, competition supervision

§ 70a. Legal Form

§ 71. Treatment of assignment and performance desires

§ 72. Complaint against the allocation body

§ 73. Complaint against a railway undertaking

§ 73a. Submission of contracts and documents

§ 74. Competition supervision

§ 74a. Disclosure requirements

§ 75. Compulsory measures

6a. Part: Access to other railways

Section 75a. Persons entitled to access to other railways

§ 75b. Voluntarily granted access

6b. Part: Training facilities

§ 75c. Access to training facilities

§ 75d. Audit, certificates

§ 75e. Complaint to the Rail Control Commission

Part 7: Regulators

1. Main piece: rails-Control GmbH

§ 76. Foundation of the rails-Control GmbH

§ 77. Tasks of the rails-Control GmbH

§ 78. Procedural rule, instance train

§ 78a. Schlichtungsstelle

§ 78b. Invalidity of the conditions of compensation

§ 78c. Activity Report

§ 79. Supervision

§ 80. Expense of the rails-Control GmbH

2. Main piece: rails-Control Commission

§ 81. Installation of the rails-Control Commission

§ 82. Composition of the rails-Control Commission

§ 83. Resolution and Rules of Procedure

§ 84. Procedural rule, instance train

§ 85. Costs and compensation of Members

8. Part: Interoperability

1. Main item: Scope

§ 86.

2. Main piece: Interoperability of the railway system

1. Section: General

§ 87. Purpose

§ 88. Interoperability

§ 89. Technical specifications for interoperability (TSI)

§ 90. Conversion

§ 91. Renewal

§ 92. Notified bodies

§ 93. Basic requirements

§ 94. Provision of data

2. Section: Interoperability components

§ 95. Definition

§ 96. In-traffic

§ 97. Assessment of conformity or suitability for use

§ 98. EC declaration

§ 99. Incorrect EC declaration

Section 3: Subsystems

§ 100. Definition

§ 101. Compliance with the essential requirements

§ 102. Non-applicability of the TSI

§ 103. EC declaration of verification

§ 104. EC verification

§ 105. Special provision for the granting of operating licences

Section 4: Rail vehicles

§ 106. Special provision for the component type-approval procedure

§ 107. Information to the European Railway Agency

§ 108. European vehicle number

§ 109. Entry in the recruitment register

3. Main piece: Infrastructure

§ 110. Contents of the register

§ 111. Publication of the register

4. Main item: Settings register

§ 112. Establishment, management and updating

§ 113. Contents

§ 114. Entry procedure

§ 115. Information on data and information

5. Main piece: maintenance of rail vehicles

§ 116. Holder

§ 117. Maintenance Office

§ 118. Responsibility for a maintenance post

§ 119. Task of a maintenance post

§ 120. Establishment of a maintenance system

§ 121. Certification of the maintenance system

§ 122. Special provisions for railway and rail infrastructure companies

Part 9: train drivers

1. Main piece: General

§ 124. Train drivers

Section 125 Scope

Section 126 Requirement for driving a train

§ 127. Foreign driving licences

2. Main item: Driving permit

§ 128. Driving licences

§ 129. Requirements

§ 130. Responsibility

Section 131. Application documents for the issuing of a driving licence

§ 132. Physical suitability

§ 133. Worksychological suitability

§ 134. General expertise

§ 135. Exhibition, content and characteristics of the driving licence

§ 136. Renewal of driving licences

§ 137. Issue of a duplicate of the driving licence

§ 138. Update of driving licence

§ 139. Reviews

§ 140. Withdrawal and suspension of driving licences

3. Main piece: certificate

§ 141. Identification of railcars and railways

Section 142. Conditions for issuing a certificate

§ 143. Exhibition, contents and characteristics of the certificate

§ 144. Procedure

§ 145. Knowledge of the subject, language skills

§ 146. Reviews

§ 147. Termination of employment

4. Main item: Expert

§ 148. Appointment of expert auditors

Section 149. List of expert auditors

§ 150. Expert opinion

5. Main piece: Training

§ 151. Training Method

§ 152. Train driver-training facility

§ 153. Access to the train driver-training facility

§ 154. Complaint to the Rail Control Commission

§ 155. Replacement of training costs

6. Main item: Driving permit-register

§ 156. Erection and guidance

§ 157. Contents

§ 158. Information on data and information

7. Main item: certifying register

§ 159. Erection and guidance

§ 160. Contents

Section 161. Information on data and information

Part 10: Final provisions

1. Main piece: Penalties, Custodian Order

§ 162.

§ 163.

§ 164.

§ 165.

§ 166.

§ 167.

§ 168.

2. Main item: relationship with other legislation, references

§ 169. Relationship with other legislation

§ 170. References to acts of the European Community

§ 171. References

§ 172. Personal names

3. Main item: Transitional provisions, enforcement, entry into force, external force

§ 173. Transitional provisions concerning the Federal Law BGBl. No 60/1957

§ 174. Transitional provisions concerning the Federal Law BGBl. I No 38/2004

§ 175. Transitional provisions concerning the Federal Law BGBl. No 125/2006

§ 176. Transitional provisions concerning the Federal Law BGBl. I No 25/2010

Section 177. Enforcement

§ 178. Entry into force, external force

Fischer

Faymann