Federal law establishing a federal law on the rights and obligations of rail passengers by means of Regulation (EC) No 1371/2007 and amending the Railway Act 1957 and the Rail Infrastructure Finance Act

The National Council has decided:

Article 1

Federal Law on Regulation (EC) No 1371/2007 on the rights and obligations of rail passengers

Scope

§ 1. (1) From the scope of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 June 2007 to the European Parliament and of the Council October 2007 on rail passengers ' rights and obligations, OJ L 327, 28.11.2007, p. No. OJ L 315, 3.12.2007, p. 14, is exempted from transport in urban transport.

(2) Art. 13 (2), Article 16, Article 17, Article 18 (2) and (4), Article 27 (3) and Article 28 of Regulation (EC) No 1371/2007 are excluded from the application for suburban and regional transport. The application of Article 8 (1) and (2) shall be exempted from the application of Article 8 (1) and (2) for transport operations in suburban and regional transport, provided that the relevant information is not available. In the case of transport operations in suburban and regional transport, the application of Article 15 shall be excluded in so far as a passenger is obliged to use, as a matter of priority, reasonable alternative public transport and the amount of a compensation of EUR 50. is limited for a required taxi use and with 80 euros for a required overnight stay. For persons with disabilities and persons with reduced mobility, the costs which were necessary and which exceed the maximum amounts of compensation should also be replaced.

(3) In the conditions of compensation for railway undertakings, suburban and regional transport must be indicated in the category of trains of local and regional transport by train.

Travel price damages Annual cards

§ 2. (1) passengers who have an annual card issued by name to their person and entitling them to use only for use, and who, during their period of validity, have repeatedly withheld train delays or cancellations shall be entitled to a Compensation in accordance with the following conditions:

1.		The annual card must entitle the person to transport on main or networked runways and the use of the carriage on such a railway must be confirmed, with the exception of transport in the area of urban transport.
2.		The procedures laid down by the railway undertaking for the compensation of passengers must not be unreasonable and unreasonable for passengers.
3.		In the event of non-payment of a degree of punctuality to be announced by the railway undertaking in advance and in advance, passengers with annual tickets shall receive a flat-rate compensation once a year in the form of a voucher for the services of the Railway undertaking or a credit for the case of renewal of the annual card. The degree of punctuality is from the rail transport company for individual routes and/or Route sections of suburban and regional traffic on which it offers carriage in the scheduled passenger transport system, in each case subject to the assumption of the routes and traffic conditions for the regular operation.
4.		Whether the degree of punctuality is reached or not is to be determined in the suburban and regional transport sector each month.
5.		The amount of the compensation to be granted in the event of non-payment of the degree of punctuality shall also be notified in advance by the rail transport undertaking. The compensation shall be fixed in lump sums and pro rata for each month in which the degree of punctuality has not been reached. The amounts shall be equal to or greater than 10% of the ticket price of the concreted part of an annual ticket which is calculated on the basis of this route and shall, in any case, be paid up or down to 50 Cents, amounts of which shall be: up to 25 cents rounded up and sums over 25 cents rounded up.

(2) In the case of the identification of the passengers concerned and the amount of the compensation amounts, the annual cards shall have to be co-operating in accordance with the managing bodies.

(3) The passenger shall not be entitled to a claim in accordance with paragraph 1 in so far as the non-submission of the degree of punctuality due to train delays and cancellations is due to the following reasons:

1.		circumstances outside the undertaking which the railway undertaking has not been able to avoid, in spite of the application of the diligence required by the situation of the case, and the consequences of which it has not been able to prevent;
2.		a fault of the passenger;
3.		the conduct of a third person who, in spite of the care provided by the situation in the case of the case, has not been able to avoid the effects of the rail transport undertaking and whose consequences it could not prevent.
The railway infrastructure undertaking which operates the journey on which the carriage is carried shall not be considered to be the third person in relation to the railway undertaking.

(4) Rail transport undertakings shall also have the right to apply the rules governing the compensation of passengers with annual tickets, with the participation of representative organisations of persons with disabilities and persons with reduced mobility mobility for their transport, quality of service standards and the provision of information to passengers on their rights and obligations in the case of the issuing of the annual cards.

Enforcement

§ 3. With the enforcement of this federal law, the Federal Minister of Transport, Innovation and Technology, in civil law matters in agreement with the Federal Minister of Justice, is entrusted.

Article 2

Amendment of the Railway Act 1957

The Railways Act 1957, BGBl. N ° 60, as last amended by the Federal Law BGBl. I n ° 95/2009 is amended as follows:

1. In accordance with § 1g, the following § 1h with headline is inserted:

" Cross-border passenger transport

§ 1h. Cross-border passenger transport is the traffic in which persons crossing at least one border of a Member State of the European Union or a Contracting Party to the Agreement on the European Economic Area, , the main purpose of which is to transport passengers between stations in the various Member States of the European Union and to the Contracting Parties to the Agreement on the European Economic Area; the train may be composed of and/or are separated, and the different parts of the train can be have different places of origin and destination, provided that all rail vehicles cross at least one border. "

2. § 12 para. 3 Z 5 lit. b is the following lit. c is added:

" (c)			Presentation of the safety report in accordance with § 39d; "

3. The following sentence is added to Article 13 (3):

" The railway infrastructure company or the company has to pay the Federal Minister of Transport, Innovation and Technology a remuneration for the posting of a state commissioner, the amount of which is paid by the Federal Minister for Transport, Innovation and Technology is to be determined by means of communication to the extent of the activity of the State Commissioner and the respective rail infrastructure. "

4. In § 13 (4), after the expression "in accordance with § 12" the expression " and according to the 9. Part " inserted.

(5) In § 21a (1), the word shall be: "execute" by the word "Run" replaced.

6. According to § 21a, the following § § 21b and 21c together with headings are inserted:

" Self-perpetuating and operating a train

§ 21b. (1) The self-perpetuating and driving of a motor vehicle on railways in a condition affected by drugs, alcohol or addictive substances and by disease or in a physical or mental condition otherwise not suitable for this purpose Constitution is forbidden.

(2) During the self-employed operation and driving of a motor vehicle on railways, the intake of alcohol, addictive drugs or the physical and mental condition is prohibited.

Qualified activities

§ 21c. (1) The Federal Minister for Transport, Innovation and Technology may by Regulation

1.		Define categories of activities which ensure the safety of the operation of a main or networked secondary railway, the operation of rolling stock on such railways and the traffic on such railways, and which, in view of the above, shall to the requirements relating to the safety and order and the requirements of the operation of a railway, the operation of rolling stock on a railway and the transport of railways by railway staff of a railway operator, Railway infrastructure company or a railway undertaking only after completion of the training may be carried out by such a railway undertaking or by the operator of a training facility where it is documented in one or more certificates issued by expert examiners that the railway staff who have the necessary suitability for these activities;
2.		specify the requirements for the adequacy of the suitability,
3.		specify the conditions for the establishment of a training facility with regard to the qualifications of the training staff, the training method, the training content, the training documents and the training requirements; equipment must be appropriate,
4.		specify how to document participation in training,
5.		specify the conditions for the existence of a certificate by expert auditors prior to the issuing of a certificate;
6.		determine, in addition, a certificate to be issued to staff members for which certificates are documented, in which the suitability required for the activity is documented, as well as the contents and external characteristics of such a certificate,
7.		determine the time intervals within which railway infrastructure undertakings and railway undertakings are required to examine or verify whether the railway staff are still responsible for the performance of the activities of the railway undertakings and railway undertakings and determine the manner in which this examination is carried out,
8.		the registration of such railway staff in a register and the design of such registers, the granting of information on the information and data contained in those registers and the conditions for the deletion of such information; Register entry rules.

(2) Anyone who carries out a register in accordance with paragraph 1 Z 8 shall have to make provision for a reasoned written request

1.		the Federal Minister of Transport, Innovation and Technology and the Governor of the State, if this is necessary in order to carry out their tasks under the Railway Act of 1957,
2.		a railway operator entered in the register with a view to his person,
3.		Railway undertaking where the railway staff registered in the register is to be used or to be used for an activity which has been established by the Regulation referred to in paragraph 1, with regard to the person concerned, or
4.		the accident investigation body, where necessary for the investigation of incidents, with regard to the railway staff involved in the incidents and registered in the register, if they have carried out activities which have been carried out in accordance with the first paragraph of this Article,
written information on the data and information contained in the register is given.

(3) The Federal Minister for Transport, Innovation and Technology shall appoint persons who are reliable and particularly suitable for the respective assessment to be subject to expert examiners for a maximum period of five years. A re-appointment of an expert shall be permitted once and for all. The Authority shall have a list of expert examiners appointed and shall be available on the Internet. "

7. § 22 (4) and (7) shall be deleted.

8. In accordance with § 22, the following § 22a together with the heading is inserted:

" Compensation conditions

§ 22a. (1) The tariffs for the provision of rail transport services on main railways and networked secondary railways also have compensation conditions for the application of the regulations on the compensation of passengers in accordance with § 2 of the Federal Act on Regulation (EC) No 1371/2007 on the rights and obligations of rail passengers, BGBl. I No 25/2010, and pursuant to Article 17 of Regulation (EC) No 1371/2007 on rail passengers ' rights and obligations, OJ L 327, 30.12.2007, p. No. OJ L 315, 3.12.2007 S 14.

(2) The railway undertakings shall submit the conditions of compensation for the first publication at the same time as rail-control GmbH. Changes in the conditions of compensation shall be submitted by the railway undertakings in good time prior to the publication of the Rail Control GmbH. "

9. In § 36 (1) the expression "Z 1 to 4" by the expression "Z 1, 2 and 4" and in paragraph 2 of the expression " 1 Z 1 to 3 " by the expression " 1 Z 1 to 4 " replaced.

Section 36 (3) reads as follows:

" (3) No railway construction permit is required for the construction or modification of railway safety installations where the construction or modification of such installations is to be carried out in accordance with a European technical approval or for the construction or modification of railway equipment. the railway safety equipment in question is in conformity with European standards, European specifications or common technical specifications, and the construction or modification of such specifications shall be carried out in accordance with these standards and specifications. "

11. In accordance with § 36 (3), the following paragraph 3a is inserted:

" (3a) No component type-approval is required for the construction or modification of railway safety equipment, if the construction or modification thereof is to be carried out in accordance with a European technical approval or for the purposes of the relevant railway safety equipment common European technical specifications and the construction or modification of which shall be carried out in accordance with these specifications. '

12. § 48 together with headline reads:

" 4. Part

Intersections with traffic routes, railway crossings

1. Main item

Construction redesign of traffic routes, opening of railway lines

Arrangement of the constructional transformation and the dismissal

§ 48. The Authority shall order, at the request of a railway undertaking or a carrier of the road construction load authorised for the construction and operation of main, side-by-side, connection or material webs with restricted public transport:

1.		at an existing crossing between a main, secondary, connecting or web of material with restricted public transport on the one hand and a road with public transport on the other, the structural redesign of the transport routes, if this is the case better handling of the crossing of traffic and economically feasible modes of transport (railway undertakings and road-building carriers);
2.		the dismissal of one or more rail crossings between a main, side-by-side, connecting or material web with restricted public transport, on the one hand, and a public transport road, on the other hand, in a municipal area on the other hand, provided that the remaining network or the network of routes or other alternative measures to be carried out in this context correspond to the transport requirements and, where appropriate, the necessary redesign of the Wegenetzes or the implementation of any other Replacement measures are economically feasible for the modes of transport (railway undertakings and carriers of road construction load).
Under the same conditions, it may also take such an order from its own motion. A period of at least two years shall be set for the purpose of implementing the order.

(2) Where there is no agreement on the regulation of the cost of costs between the railway undertaking and the carrier of the road load, the costs of the structural transformation of the existing crossing shall be borne in relation to the crossing of the road. Omission of railway crossings, if necessary, necessary redesign of the network of paths or any necessary implementation of other substitute measures, the future maintenance and commissioning of which shall be half of the railway undertaking and to the carrier of the road load. The costs of the departures required in connection with the dismissal of a railway crossing, and any necessary barriers on both sides of the railway, shall be borne entirely by the railway undertaking. The definition of the necessary barriers on both sides of the railway shall be determined by agreement between the railway undertaking and the road-load carrier.

(3) If the railway undertaking or the carrier of the road construction load requests it, the Authority shall decide without taking into account the cost-support scheme set out in paragraph 2 of this Article.

1.		the costs resulting from the technical adjustment of the structural transformation (para. 1 Z 1) in the traffic area of the crossing, or
2.		the costs of any reorganisation of the network of routes or the implementation of any other alternative measures in the field of transport of the remaining or structurally reshaping intersections between the main, the side, the connection or web of material with restricted public transport on the one hand and a road with public transport on the other, as a result of the omission of a railway crossing, which is close to the rail,
and accordingly to the cost-sharing mass, and to what extent the railway undertaking and the carrier of the road-building load are the ones which have been redesigned by construction or by the opening of a rail-rail service and the costs incurred as a result of the future maintenance and commissioning of the redesigned plants or replacement measures carried out. This fixing shall be based on the change in traffic on the railway or road transport, which has occurred since the construction permit was granted, and which is due to the structural transformation of the transport routes which have been carried out by the following: Dismissal of any remaining or in connection with the dismissal of structurally redesigned intersections, the redesigned route network and the replacement measures carried out, the improvement of the management of transport by rail or by the Road transport, the possible savings achieved thereby and the special interest of any additional costs which have been applied to a mode of transport. Such an application shall be admissible only within a period of three years from the legal force of an order pursuant to paragraph 1. The cost-support scheme set out in paragraph 2 shall apply until the final decision on the costs to be borne by the railway undertaking and the carrier of the road-building load shall be taken.

(4) The Authority shall be assisted in the cost-fixing of the opinion of an expert commission. The Management Board of the Expert Commission is responsible for the rail infrastructure service company mbH. The Commission of Experts shall consist of a Chairperson and two other members. A substitute member shall be appointed for each member. The members and the replacement members are to be ordered by the Federal Minister for Transport, Innovation and Technology. The chairman (substitute member) must be right-wing. Of the other members, one must be a technical specialist in the railway system and one of a technical specialist in the road system. In the case of intersections with roads that are not federal roads, the road sector specialist should be particularly familiar with the road sector of the country in question. The members of the Commission of Experts shall be entitled to reimbursement of the appropriate travel expenses and cash expenses, as well as to a meeting allowance. The Federal Minister of Transport, Innovation and Technology may, in agreement with the Federal Minister for Finance, take into account the extent of the expert opinion to be taken into account by the Commission of Experts by Regulation setting flat-rate amounts for the members ' session money. "

Section 49 (2) reads as follows:

" (2) The authority shall decide on the security of the case in individual cases in accordance with local circumstances and traffic requirements, the provisions of section 48 (2) to (4) being to be applied in accordance with the conditions laid down in Article 48 (2) to (4). Costs of securing equipment for material webs, other than those with limited public transport, shall be borne by the railway undertaking alone, unless another agreement exists or is taken. "

14. In 4. Part of the 3. Main item; in accordance with § 49, the following § 50 with headline is inserted:

" Image processing technical equipment

§ 50. (1) For the purpose of automationsupported determination of a contrary to a regulation in accordance with § 49 (3) in the area of rail crossings by road users

1.		failure to comply with a red-light mark issued by a security system; or
2.		Exceeding of a maximum authorised speed limit
District administrative authorities, in the local area of action of a Federal Police Directorate, may, in order to punish such infringements against a regulation in accordance with section 49 (3) of the picture-processing technical facilities, in the If Z 2 is used to measure the driving speed of a vehicle at a point (point speed measurement), use. These technical devices each comprise all plant parts which serve this purpose.

(2) The identification of data suitable for the identification of vehicles or road users by means of the bodies referred to in paragraph 1 shall be in each case in the event of an established disregard of a red-light sign or, in each case, in the case of: to limit the observed overrun of a maximum authorised speed fixed in terms of quote. Insofar as the image-giving collection of persons who have not committed an administrative surrender cannot be technically excluded, the data of these persons shall be unrecognizable in a non-traceable manner without unnecessary deprivation.

(3) Data determined in accordance with paragraph 1 may be used exclusively for the identification of the vehicle or the road operator, solely for the purposes of administrative criminal proceedings for failure to respect a red light mark or exceeding a maximum authorised speed limit.

(4) 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 authorized to build and operate a railway, a railway undertaking shall: The Authority shall decide, on a case-by-case basis, on the basis of local conditions and transport requirements. The setting up of an image processing technical facility shall be made available for use by the district administrative authorities and federal police directorates referred to in paragraph 1. The carriers of the road construction load shall be obliged to charge for free the installation of image-processing technical equipment or parts of such image-processing technical equipment on a road surface. "

15. § 57 with headline reads:

" Beneficiaries

§ 57. Persons entitled to access are:

1.		rail transport undertakings with registered offices in Austria;
2.		Railway undertakings whose activity is not restricted solely to urban, suburban or regional transport, having their registered office in another Member State of the European Union or in another Contracting Party to the Agreement on European Economic Area for the provision of rail transport services in international passenger transport;
3.		Railway undertakings whose activities are not restricted solely to urban, suburban or regional transport, having their registered office in another Member State of the European Union, in another Contracting Party to the Agreement on European Economic Area or the Swiss Confederation for the provision of rail transport services in the freight transport sector;
4.		Railway undertakings with registered offices in other States, to the extent that they are subject to public contracts;
5.		Railway undertakings with registered offices in other States, where access is in the public transport interest and where reciprocity is ensured, with implementing provisions being made in intergovernmental agreements. "

16. In accordance with § 57a, the following § 57b with headline is inserted:

" Prohibition of operation in international passenger transport

§ 57b. (1) The right of access authorised in section 57 (2) (2) to the right of access to the railway infrastructure of the main and networked runways for the purpose of providing rail services in international passenger transport; Austrian railway stations or stations shall be used for railway stations or stations situated between the place of origin and the destination of international passenger traffic and on the railways or parts thereof, on which the provision of public services in the Passenger transport on the basis of a contract shall be excluded or restricted in so far as it has been determined by a decision of a decision that otherwise the economic equilibrium of such a contract is at risk would be.

(2) The Rail Control Commission is responsible for determining whether the operation of stations or stops endangers the economic equilibrium of a contract for the provision of public service services in the passenger transport sector. Any party to the contract relating to the provision of public services and the railway infrastructure company shall be entitled to make an application for a determination. The Contracting Party shall submit to the request all the documents required for the decision on the application. The person entitled to the right of access shall be party to the party position.

(3) Whether the operation of stations or stops shall mean the economic equilibrium of a contract for the provision of services of public service on the railways or parts thereof on which these stations or stations are located; or stops, would be at risk and whether the right of access is to be excluded or restricted, can be determined on the basis of a market analysis to be drawn up by the Rail Control Commission or by a representative of the latter, and shall be identified in a Determination of the notice of determination. In the notice of determination it is also to be said, from which point in time a new determination may be requested. The Rail Control Commission shall publish on its website the general criteria on which it is based on such a determination to publish anonymized on its website from the outset and a decision to make a statement of the confestion. "

17. The headline to the Act of Art. 1 of the Federal Law BGBl. I No 125/2006 repealed § 61.

18. § 64 (5) reads:

" (5) Framework arrangements shall be limited to a period of five years and may be extended by the same periods as the original duration. The framework regulations are to be submitted to the Rail Control GmbH within one month from the point of preparation by the allocation body. Framework schemes with a duration of more than five years are to be justified in relation to the Rail Control GmbH and, at the same time as their submission, information on the business contracts underlying the framework regulation as a motive, to make special investments or risks. Framework schemes with a duration of more than 10 years are subject to the approval of the Rail Control Commission, which is particularly relevant for large and long-term investments, in particular in connection with contractual obligations, as well as other comparable risks. "

19. Section 65 (4) to (6) shall be given the designation (5) to (7). In accordance with paragraph 3, the following paragraph 4 is inserted:

" (4) Beneficiaries who intend to contribute to the assignment of railway services for the provision of railway services in international passenger transport to the allocation body shall have the allocation body and the Rails-Control GmbH of this information. If the provision of services of general economic interest in the movement of persons is governed by contract on the railway or parts thereof affected by the desire, rails-Control GmbH, for its part, has the parties to the contract concerning the provision of -to inform the public services of the intended contribution of the coveted. "

(20) The following paragraph 4 is added to § 71:

' (4) In deciding on the allocation of train paths which are not to be taken into account in the establishment of a network plan (ad-hoc desire), and in the decision on the related desire for provision of a train other services of a railway infrastructure company or provision of services and the additional performance of the operation of the transfer operation of a railway undertaking, shall be the desire to carry out the operation of need to be considered as a priority; the Applies in particular to the assignment of train paths which are needed for the use of the federal army or the immediate preparation of an insert according to § 2 of the German Army Act 2001 or for use-like exercises. "

21. In § 77, para. 1, the introduction rate shall be:

" The rails-control GmbH is located next to the one in the 3rd, 5th, 6th. and 7. The tasks assigned to this Federal Act (in particular sections 26, 53e, 65b, 68a, 75, 78a and 78c) shall be assigned to the following tasks: "

22. § 77 (1) Z 5 reads:

" 5.		the activity of a concreting site. "

23. § 78a together with the title is:

" Schlichtungsstelle

§ 78a. (1) Without prejudice to the jurisdiction of the ordinary courts or authorities, local authorities, interest groups and customers may complain of complaints concerning the carriage of passengers, luggage or goods and which have a Railway infrastructure undertakings or railway undertakings have not been satisfactorily resolved by rail-control GmbH. Rails-Control GmbH has in any case the complaints submitted by local authorities and advocates of interest and the complaints submitted by customers of fundamental importance or above-average accumulation of the same kind of To deal with complaints.

(2) Without prejudice to the competence of the ordinary courts or authorities, local authorities, interest groups and passengers may complain of alleged contraventions of the applicable provisions of Regulation (EC) No 1371/2007 and because of alleged improper or unreasonable regulations for passengers in the conditions of compensation pursuant to section 22a of the Rail Control GmbH.

(3) The Rail Control GmbH shall endeavour to seek a friendly solution between the parties, both on complaints pursuant to paragraph 1 and on complaints pursuant to paragraph 2. Otherwise, it shall inform the parties concerned of their views and may make a recommendation, which is not binding and not enforceable, for the settlement of the matter. In a directive, rails-Control GmbH has to establish a procedure in accordance with paragraph 1 and paragraph 2 and to publish it on its website. Affected companies have to cooperate and, upon request by the Rail Control GmbH, to provide all information necessary for the assessment of the relevant information and to submit documents.

(4) The Rail Control GmbH has to draw up a report on the customer satisfaction in the railway sector in general and on the complaints made in particular each year. The report shall be published in an appropriate manner, at least on its website. "

24. § 78b is given the section title § 78c. In accordance with § 78a, the following § 78b (new) with headline is inserted:

" Ineffectiveness Of The Conditions Of Compensation

§ 78b. (1) The Rail Control GmbH has to inform the Rail Control Commission of complaints concerning the conditions of compensation in accordance with § 78a (2) and the terms of the compensation conditions, if a friendly solution does not occur.

(2) The Rail Control Commission has on its own initiative:

1.		to declare, in whole or in part, the compensation conditions to be ineffective if the conditions for the compensation of passengers are unreasonable and unreasonable for passengers, or if the railway undertaking is contrary to Article 2 of the Federal Law Regulation (EC) No 1371/2007 on the rights and obligations of rail passengers in the event of a degree of punctuality does not take account of the routes and traffic conditions for the regular operation, the degree of punctuality is not monthly or the amount of compensation shall not be determined by at least 10% of the the ticket price of the train part of an annual ticket which has been concreted in concretely on this route shall be fixed by a computer for one month;
2.		to declare, in whole or in part, the terms of the compensation provided for in Regulation (EC) No 1371/2007 if it does not fix the railway undertaking in accordance with the criteria laid down in Article 17 of Regulation (EC) No 1371/2007. "

Section 81 (2) first sentence reads as follows:

" The Rail Control Commission is in the 3., 5. up to 6b. as well as in the 9th Part of this federal law assigned jurisdiction (§ § 22a, 53c, 53f, 57b, 64 Abs. 5, 65e Abs. 4, 72, 73, 74, 75a Abs. 3, 75e, 78b und 154) and the execution of vocations against the railings of the rails-control GmbH. "

26. The 9. Part shall be given the name " 10. Part " . The previous § § 124 to 127 get the section names "§ § 162 bis § 165" ; the previous § 128 receives the paragraph designation "§ 168" ; the previous § § 130 to 131a will receive the paragraph designation "§ § 169 to 172" ; the previous § § 132 to 133a will receive the paragraph designation "§ § 173 to 175" ; the previous sections 134 and 135 will receive the paragraph "§ § 177 and 178" .

27. After the 8. Part will be 9. Part inserted:

" 9. Part

Train drivers

1. Main item

General

Train drivers

§ 124. A driver in the sense of this law is who is the holder of a valid driving licence.

Scope

§ 125. (1) Railways within the meaning of this law are those which belong to the Austrian high-speed rail system or to the conventional Austrian railway system.

(2) This legislative part regulates the right to self-lead and to operate traction vehicles by train drivers on railways.

(3) This part of the legislation shall not apply to the autonomous driving and operation of an aircraft within certain local and functionally separate operating areas of railway undertakings defined by the railway infrastructure undertaking, if the Self-employed driving and operation of the railroad-company ancillary activities or the traffic from and to connecting trains.

Conditions for driving a train

§ 126. (1) A motor vehicle on a railway may only carry out and operate independently of

1.		the holder of a valid driver's licence,
2.		The holder of a valid certificate shall be registered in which the class of the propulsion vehicle he carries out and operated independently and the railway on which he carries and operate such a traction vehicle is registered, and
3.		the driving licence and the certificate shall lead to it.

By way of derogation from paragraph 1 (2) (2), a driver may independently carry out and operate a traction vehicle for subsequent journeys on such railways which are not shown in his certificate, if the railway undertaking to which he or she is responsible is responsible for the transport of such goods. shall be consulted and accompanied by a driver whose certificate shows that the railway is designated:

1.		Journeys in the course of redirects established by the railway infrastructure undertaking;
2.		one-off special journeys with historic railcars;
3.		single special journeys in freight transport, if the railway infrastructure company agrees;
4.		Driving in the course of the delivery or performance of new rail vehicles;
5.		Training and testing services;
6.		Journeys for the purpose of maintenance of the railway.

(3) Those who are holders of a driving licence and a certificate in which a class B and a railway engine is registered shall also be entitled to use a motor vehicle of class B registered in its certificate on a networked vehicle. Side railway, which does not belong to the Austrian high-speed rail system or to the conventional Austrian rail system, to carry out and operate independently.

Foreign driving licences

§ 127. Updated, duplicated or renewed driving licences issued in other Member States of the European Union and in other Contracting Parties to the Agreement on the European Economic Area shall be domestic in the case of the proprietor of the 20. Life year has already been completed.

2. Main piece

Driving licence

Driving licences

§ 128. The driving licence shall indicate that the holder referred to therein generally satisfies the suitability, knowledge and requirements necessary for the autonomous driving and operating of railcars on railways.

Requirements

§ 129. The conditions for the granting of licences shall be:

1.		the completion of the 20. Year of life;
2.		at least nine years of primary and secondary education and the successful completion of a basic training provided for in stage 3 in accordance with Decision 85 /368/EEC on the comparability of vocational training qualifications between Member States of the European Communities, No. OJ No L 199, 31. 07.1985 S 56;
3.		the physical fitness for the self-driving and use of traction vehicles;
4.		job-psychological suitability for the self-driving and use of traction vehicles;
5.		general knowledge of the autonomous driving and operation of motor vehicles.

Responsibility

§ 130. (1) A licence for the issuing of a licence, for the updating of details of a driving licence, for the renewal of a licence or for the issue of a duplicate of the driving licence and for the withdrawal of a driving licence. Driving licence and the suspension of a driving licence is the rail infrastructure service company mbH. This has to be applied in the administrative procedure of the AVG.

(2) Where this is in the interest of expediency, convenience, simplicity and cost savings, the Federal Minister for Transport, Innovation and Technology may, by way of derogation from the rules of jurisdiction referred to in paragraph 1, be temporarily and revocable; an appropriate railway undertaking, at the request of its railway staff, the responsibility for issuing a driving licence, for the updating of details of a driving licence, for the renewal of a driving licence, Driving licence and for the issue of a duplicate of a Driving licence. The railway undertaking shall apply the AVG in the administrative procedure. The Federal Minister for Transport, Innovation and Technology has to verify at regular intervals whether the conditions necessary for the transfer of competence, in particular the suitability of the competent authority with responsibility for the transfer of responsibility, are responsible for the transfer of responsibility. railway undertaking, are still in place. In addition, it may require the railway undertaking to submit documents documenting the proper exercise of the delegated competence. The railway undertaking shall immediately comply with such a request.

(3) The Federal Minister for Transport, Innovation and Technology, the rail infrastructure service company mbH and railway company, can make instructions on the exercise of their powers (paragraph 1). 1 and 2).

(4) The appointment shall be admissible against the proceedings of the rail infrastructure service company mbH issued in accordance with paragraph 1 and in the case of the railway undertaking ' s decision pursuant to paragraph 2. The Authority is the Federal Minister of Transport, Innovation and Technology. In the matters referred to in paragraphs 1 and 2, the Federal Minister of Transport, Innovation and Technology shall be the competent authority within the meaning of § § 5, 68 and 73 AVG.

Application documents for the issuing of a driving licence

Section 131. The application for an issue of a driving licence shall be added:

1.		a birth certificate or other public document showing the age and place of birth of the applicant;
2.		a public document proving that the applicant has successfully completed at least nine years of schooling (primary and secondary) and a basic training equivalent to level 3 in accordance with Decision 85 /368/EEC;
3.		an opinion drawn up by an occupational health or medical centre which contains an assessment as to whether the applicant has physical fitness for the self-driving and use of motor vehicles;
4.		a report drawn up by a clinical psychologist or a health psychologist (Article 150 (3)) containing an assessment of whether the applicant has a job-psychological aptitude for the self-employment and use of Motor vehicles;
5.		a certificate issued by an expert auditor, which documents that the applicant has a general knowledge of the independent driving and operation of motor vehicles.

Physical suitability

§ 132. The report shall be drawn up, which shall include an assessment of whether the applicant has physical fitness for the self-employed driving and use of traction vehicles, the results of a medical examination which shall be at least to those listed in Annex II, sections 1.1, 1.2, 1.3 and 2.1 of Directive 2007 /59/EC on the certification of train drivers operating trains or locomotives in the rail system in the Community, OJ L 136, 31.5.2007, p. No. OJ L 315, 3.12.2007, p. 51, points out.

Worksychological suitability

§ 133. The preparation of the opinion, which shall include an assessment as to whether the applicant has a job-psychological aptitude for the self-driving and use of motor vehicles, shall be the results of an examination which shall be at least shall be based on the points set out in Annex II, Section 2.2 of Directive 2007 /59/EC.

General expertise

§ 134. The issue of a certificate documenting the fact that the applicant has general expertise in the self-employed driving and operating of traction vehicles shall be the result of an examination of which at least the subject-matter of the test shall be: Annex IV to Directive 2007 /59/EC includes general themes referred to in Annex IV to Directive 2007 /59/EC.

Exhibition, content and characteristics of the driving licence

§ 135. (1) The application for an issue of a driving licence shall be decided within one month from the date of its entry. The application shall be accepted if the conditions set out in § 129 are available; this should be done by issuing the driving licence in the form of a certificate with a validity period of not more than ten years. Only a single original of this certificate may be issued.

(2) The content and characteristics of the driving licence issued shall be in accordance with the Community model for driving licences established by the Commission in a procedure laid down in Article 4 (4) of Directive 2007 /59/EC.

Renewal of driving licences

§ 136. (1) The holder may apply for a renewal of the driving licence six months before the expiry of the validity of a driving licence issued. The driving licence shall be renewed with a validity of not more than ten years if verifications carried out in accordance with section 139 have shown that the holder of the driving licence complies with the conditions set out in § 129 Z 3 to 5. The existence of these conditions may be determined on the basis of the entries made in the driving licence register of the information on the checks carried out in accordance with § 139.

(2) The owner of the renewed driving licence shall immediately deliver his driving licence to the railway infrastructure services company mbH after the renewal of the renewed driving licence. The original driving licence shall be marked as invalid in an appropriate manner and shall be granted to the owner of the renewed driving licence.

Issue of a duplicate of the driving licence

§ 137. (1) In the event of a lost, stolen or destroyed driving licence, a duplicate of the lost, stolen or destroyed driving licence shall be issued at the request of the holder referred to therein, if the loss, theft or theft of the driving licence shall be the subject of the or the destruction is credibly made.

(2) If the lost or stolen driving licence is found again, this is if a duplicate of this lost or stolen driver's licence has already been issued, the railway infrastructure service company mbH on the market.

Update of driving licence

§ 138. If individual details in a driving licence are no longer in accordance with reality, the holder of a driving licence shall be obliged to apply for an update, with the necessary information and proof being provided. In this case, a new driving licence with updated content shall be issued. The owner of the issued, updated driver's licence shall immediately deliver the no longer current driving licence to the railway infrastructure service company mbH after delivery.

Reviews

§ 139. (1) The holder of a driving licence shall, in the time intervals specified in Section 3.1 of Annex II to Directive 2007 /59/EC, determine the presence of his/her physical fitness by an examination in the case of a occupational health or safety worker. in the case of an occupational health care unit and the expert opinion issued by the railway infrastructure service company mbH and the expert opinion issued thereon for the independent management and operation of motor vehicles To provide railway undertakings as proof. The results of a medical examination shall be drawn up in order to establish the opinion, which shall include an assessment as to whether the holder of the driving licence still has physical fitness for the self-driving and use of traction vehicles, which, at least, extends to the points listed in Annex II, sections 3.2 of Directive 2007 /59/EC.

(2) The holder of a driving licence shall, at regular intervals of ten years, have the existence of his occupational psychological aptitude by examination with a clinical psychologist or a health psychologist (§ 150 para. 3) and to submit the opinion of the railway infrastructure service company mbH and the railway undertaking which it uses for the independent management and operation of railcars as proof of this.

(3) The holder of a driving licence shall, at regular intervals not exceeding five years within the training programme provided for in the safety management system, check whether his or her general expertise in the field of Self-employed and driving vehicles are still in place, and to demonstrate this to the rail infrastructure service company mbH.

(4) Rail Infrastructure Services Company mbH has to monitor compliance with the provisions of para. 1 to 3 by the holder of a driving licence.

Withdrawal and suspension of driving licences

§ 140. (1) A driving licence shall be withdrawn from the holder of the licence if the holder no longer fulfils the conditions required for the issuing of a driving licence in the long term or if he does not provide the evidence referred to in § 139. In the communication it is necessary to have the withdrawn driving licence of the railway infrastructure service company mbH to be delivered.

(2) However, if it is probable that the holder of a driving licence will recover the conditions required for the issuing of the licence in a foreseeable period, the driving licence shall be subject to a modest suspension and that the driving licence shall be provided with a certificate: Driving licence of the railway infrastructure services company mbH is to be delivered on a provisional basis. The driver's licence shall be returned to the holder if he has proved that he meets the conditions necessary for issuing a driving licence. The suspension shall be deemed to be waived upon delivery of the driving licence.

(3) The holder of a driving licence, which is known to no longer fulfil the conditions necessary for the issuing of a driving licence, is obliged to do so by the railway infrastructure services company mbH and the Railway undertaking to which it belongs.

3. Main piece

Certificate

Identification of railcars and railways

§ 141. (1) The certificate shall indicate which class of engines may independently guide and operate on which specific railway the train drivers referred to in the certificate.

(2) The traction units shall be divided into the following classes:

1.		Class A, which includes non-drawer comotives, construction trains, rail vehicles for entertainment and all other locomotives used in the push-in operation;
2.		Class B, which includes motor vehicles used in passenger transport, freight transport, or passenger and freight transport.

Conditions for issuing a certificate

Section 142. The issue of a certificate shall be preceded by:

1.		the holding of a driving licence;
2.		Knowledge of the language used to communicate on those railways which are to be identified in the certificate;
3.		rail vehicle-related expertise for those trains to be identified in the certificate;
4.		railway-related expertise for those railways which are to be identified in the certificate;
5.		training on the parts of the safety management system of the railway undertaking which are relevant for the autonomous management and operation of trains, to which the person who is to be designated in the certificate is a member.

Exhibition, contents and characteristics of the certificate

§ 143. (1) The issue of a certificate, the updating of individual particulars of a certificate, the renewal of a certificate and the withdrawal or suspension of a certificate shall be the responsibility of the railway undertaking to which the certificate referred to in the certificate has been issued. The driver is a member. The certificate shall be issued in the form of a certificate, to be updated and renewed in its details. Certificates shall remain the property of the issuing railway undertaking.

(2) The content and characteristics of the certificate issued shall be in accordance with the Community model for the certificate, which the Commission is required to establish in a procedure laid down in Article 4 (4) of Directive 2007 /59/EC.

Procedure

§ 144. (1) Each railway undertaking wishing to issue certificates shall, within the framework of its safety management system, have procedures for issuing certificates, for the updating of details of certificates, for the renewal of certificates. Certificates and for the suspension and withdrawal of certificates and a system of complaints concerning the examination of a decision on the issue of a certificate, on the updating of details in the Certificate, suspension or withdrawal of a certificate Request for a driver to be set up.

(2) In the procedure for issuing a certificate, provision should be made for the submission of one or more certificates issued by experts, in which, or in which it is documented, the driver shall be informed of the rail vehicle-related expertise, rail-track-related expertise and the necessary language skills.

(3) In the case of railways which are situated in another Member State of the European Union or in another Contracting Party to the Agreement on the European Economic Area, the certificate shall be subject to the procedure referred to in Article 1 (2). the issuing of a certificate to the effect that the rail-rail-related expertise and the necessary language skills required for the independent driving and operation of motor vehicles on these railways shall be provided by expert opinions, certificates or of similar documents drawn up by persons or bodies , which has been approved or recognised by the State in whose territory the railway concerned is situated.

(4) The certificate shall be issued if the conditions set out in § 142 are fulfilled.

Knowledge of the subject, language skills

§ 145. (1) The exhibition of a certificate documenting whether the applicant has a technical knowledge of the railway vehicle for those driving vehicles to be identified in the certificate, the result of a theoretical and practical examination, the subject-matter of which shall at least cover the general themes referred to in Annex V to Directive 2007 /59/EC, as well as the self-employed driving and operation of the traction vehicle on journeys made on the railways to be identified in the certificate to be based on.

(2) The issue of a certificate documenting whether the applicant has knowledge of rail-track-related expertise for those railways which are to be identified in the certificate, is the result of a theoretical and shall be based on a practical test, the subject-matter of which shall include at least the general themes listed in Annex VI to Directive 2007 /59/EC. This certificate shall also document whether the applicant has the knowledge of the German language required in accordance with Annex VI to Directive 2007 /59/EC.

Reviews

§ 146. The railway undertaking shall, at regular intervals, verify that the holder of a certificate has the necessary knowledge of the rail vehicle and rail track and has the necessary language skills. The frequency of such checks shall be determined in the framework of the safety management system, but the minimum frequency referred to in Section VII of Directive 2007 /59/EC should be complied with. If the verification reveals that this expertise is still present, it shall be recorded by the railway undertaking by a note on the certificate itself and by a corresponding entry in the certification register.

Termination of employment

§ 147. If a train driver ends his/her employment relationship with a railway undertaking, the certificate issued by that railway undertaking shall be invalid. On its request, the railway undertaking shall have a certified copy of the certificate and any evidence of its training, qualification, professional experience and professional competence, to the driver who leaves or has left the train. to expel, to follow.

4. Main piece

Experts

Appointment of expert auditors

§ 148. The Federal Minister of Transport, Innovation and Technology has been responsible for the evaluation of the presence of

1.		the general knowledge of the self-employed driving and operation of traction vehicles,
2.		the professional knowledge of rail vehicles for the autonomous driving and operation of traction vehicles; and
3.		Rail-rail-related expertise in the self-employed driving and operation of traction vehicles
to appoint expert examiners who are reliable and particularly suitable for the respective assessment. The order shall be made for a maximum period of five years. A reorder of one and several times is allowed.

List of expert auditors

Section 149. The Federal Minister for Transport, Innovation and Technology has a list of experts appointed in accordance with § 148 of the Federal Republic of Germany and has to be provided on the Internet.

Expert opinion

§ 150. (1) In order to assess whether the specialist knowledge referred to in § 148 is present, only the expert examiners who are guided in the list pursuant to Section 149 shall be entitled to take the necessary measures. For the purpose of evaluating whether the rail-rail-related expertise and the necessary language skills are required for the self-employed driving and driving of traction vehicles on a railway that is located in another Member State of the European Union or in a the other Contracting Party to the Agreement on the European Economic Area shall be present, shall have the exclusive right to the persons or bodies authorised or recognised by the Member State concerned or the Contracting Party concerned.

(2) Expert examiners may only authorise a person who has a certificate of participation in accordance with § 151 for the evaluation of whether the knowledge referred to in § 148 exists.

(3) The evaluation of the existence of physical fitness for the self-employed driving and operation of motor vehicles shall be carried out by occupational physicians and/or persons who are responsible for the use of motor vehicles. Clinical psychologists or health psychologists are to be entrusted with the task of evaluating the existence of occupational psychological aptitude for the self-employed driving and use of traction vehicles, They are further developed and have a certificate.

5. Main piece

Training

Training Method

§ 151. The acquisition of the knowledge and skills necessary to obtain a driving licence and a certificate has to be acquired in a train driver-training facility by participating in theoretical courses and by means of a to be used in practice on the traction vehicle. The operator of a train driver-training institution shall issue a certificate of attendance.

Train driver-training facility

§ 152. (1) The operation of a train driver-training facility to communicate the knowledge and skills required for obtaining a licence or certificate for obtaining a certificate requires the approval of the Federal Minister for Transport, innovation and technology to be granted if the suitability for operation of a train drivers ' training facility is demonstrated. This proof is provided when a certificate or certificate is issued. The results of the test are presented on the basis of a Community specification; otherwise, documents must be submitted which demonstrate that the necessary knowledge and skills are provided above all by ensuring that the necessary knowledge and skills are provided is that the suitably qualified training staff and the necessary teaching aids, equipment and resources are available.

(2) The Federal Minister for Transport, Innovation and Technology has to provide a list of all domestic train drivers-training facilities on the Internet.

Access to the train driver-training facility

§ 153. (1) The operator of a train driver's training facility shall have access to its train driver training facility to all persons in accordance with available capacity and to the exclusion of any discrimination.

(2) The remuneration to be paid for the teaching of the acquisition of a driving licence or of the knowledge and skills required for the acquisition of a certificate shall be based on the principle of reasonable cost-compensation and to set industry-standard charges.

Complaint to the Rail Control Commission

§ 154. (1) If someone's desire is refused at the conclusion of a contract to communicate the knowledge and skills necessary for obtaining a licence or for obtaining a certificate, or if an agreement is reached with the operator of the If the operator of the train driver-the training facility does not have the right to do so, the coveted complaint can be made to the Commission's Rail Control Commission for a maximum of three months from the time the operator is requested to do so. The complaint shall be made in writing and a request for the conclusion of a contract to communicate the knowledge and skills necessary for obtaining a licence or certificate, including the name of the certificate. to contain the essential content of the contract.

(2) The right of appeal within the meaning of paragraph 1 is also entitled to a railway undertaking if its desire to conclude a contract to communicate the necessary for obtaining a driving licence or to obtain a certificate for obtaining a certificate The knowledge and skills of its staff are rejected or an agreement with the operator of the train drivers ' training facility at the latest three months from the date of the request to the operator of the train driver-training facility does not come about.

(3) The operator of the train driver's training facility to which the desire has been made has the Commission's rail control commission the documents required for the decision on the complaint within three weeks of being requested by the Rail Control Commission.

(4) The Rail Control Commission may use the information contained in the documents referred to in paragraph 3 only in respect of the decision on the complaint.

(5) The Rail Control Commission shall, after consulting the operator of the driver's training institution and the complainant, decide on the receipt of the complaint after the complaint has been lodged.

(6) The appeal shall be granted in the event of the legal requirements for the coveted conclusion of the contract; in this case, the access to the train driver's training facility shall be determined by the decision to be taken by the complaint. , supersedes the conclusion of a written contract with a view to communicating the knowledge and skills necessary for obtaining a licence or certificate; the communication has all the conditions in respect of: to the administrative and financial arrangements.

(7) A decision adopted in accordance with paragraph 6 shall not preclude the subsequent conclusion of a contract in order to communicate the knowledge and skills necessary for obtaining a driving licence or obtaining a certificate.

Replacement of training costs

§ 155. Whereas it is safe to ensure that the costs incurred by a railway undertaking for the completion of training for obtaining a licence or for training in obtaining a certificate are not unjustifiable in a way which is not justified; other railway undertakings, if the train driver leaves the railway undertaking with which the service is in operation before the end of three years after completion of the training for another railway undertaking. The measures required will be clarified by collective agreement.

6. Main piece

Driving licence-register

Erection and guidance

§ 156. (1) Rail Infrastructure Services Company mbH has for the collection of all issued, renewed, suspended, withdrawn, or as lost, stolen or destroyed driving licences registered in their individual details Driving licence registers, to be established, to be carried out and regularly updated.

(2) The Rail Infrastructure Services Company mbH is entitled to charge for the collection of expenses for the collection, updated, updated, withdrawn, withdrawn or reported as lost, stolen or destroyed in its individual details To determine driving licences in the driver's licence register and to lift the licence from the driver's licence holder. In determining the amount of the cost contributions, the cost-covering principle and the principles of a flat-rate, pro-rata charging, as well as the requirement for future entries of the information on the verifications to be carried out in accordance with § 139, shall be: shall be taken into account and shall be presumed to be necessary in the performance of these tasks, in the event of economic, practical and economical use.

(3) 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 driving licence register.

Contents

§ 157. (1) The driving licence register shall contain at least all the data contained in the respective driving licence and details of the verifications carried out in accordance with § 139. Each train driver shall be assigned a national identification number. In addition, the key data of the driving licence register, such as the data to be registered, the format of these data and the data exchange protocol, the access rights, the duration of the storage of the data and the procedure to be observed in the Failure to comply with the definition of the Commission pursuant to Article 22 (4) of Directive 2007 /59/EC.

(2) The railway undertaking responsible in accordance with § 130 (2) shall immediately have a copy of an issued, renewed or duplicated driver's licence, updated or updated in its individual details, to the rail infrastructure service company mbH. to be registered in the driving licence register.

Information on data and information

§ 158. The rail infrastructural service company mbH has to make arrangements that on a reasoned written request

1.		the Federal Minister of Transport, Innovation and Technology and the Governor of the State, if this is necessary in order to carry out their tasks under the Railway Act of 1957,
2.		a driver with regard to his/her person,
3.		the authorities responsible for driving licences in other Member States of the European Union or in the other Contracting Parties to the Agreement on the European Economic Area, if the holder of a driving licence in those States used or intended to be used as a train driver, with regard to the person concerned,
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 2007 /59/EC,
5.		the employer of train drivers with regard to the drivers of the train drivers employed,
6.		Rails-Control GmbH, if this is necessary for the decision of a complaint with which the allocation of a train path is sought,
7.		railway infrastructure undertakings where the holder of a driving licence is to be used or is to be used as a driver on its railways, with regard to the driver ' s person, or
8.		the accident investigation body, where it is necessary to investigate incidents, in respect of the drivers involved in the incidents;
in writing, the data and information contained in the driving licence register shall be provided.

7. Main piece

Certifying Registry

Erection and guidance

§ 159. Railway undertakings shall either steal or steal a certificate register for the collection of all updated, updated, renewed, modified, expired, suspended, withdrawn or lost railway undertakings, either by themselves or by an authorised representative, or to erect, carry out and regularly update reported certificates of their drivers.

Contents

§ 160. The certifying register shall have all the data and information contained in the certificate in question to verify that the holder of a certificate has the necessary professional knowledge of the rail vehicle and of the rail vehicle, to: . In addition, the key data of the certification register, such as the data to be registered, the format of these data and the data exchange protocol, the access rights, the duration of the storage of the data and the procedure to be observed in the Failure to comply with the definition of the Commission pursuant to Article 22 (4) of Directive 2007 /59/EC.

Information on data and information

Section 161. Those who conduct a certificate register shall make provision for a reasoned written request

1.		the Federal Minister of Transport, Innovation and Technology and the Governor of the State, if this is necessary in order to carry out their tasks under the Railway Act of 1957,
2.		a driver with regard to his/her person,
3.		the authorities responsible for driving licences in other Member States of the European Union or in the other Contracting Parties to the Agreement on the European Economic Area, if a driver is a driver in their territory as the driver is to be used or to be used with regard to his/her person,
4.		Rails-Control GmbH, if this is necessary for the decision of a complaint with which the allocation of a train path is sought,
5.		railway infrastructure undertakings, where a train driver is to be used or to be used as a driver on the railways of the railway infrastructure, with regard to the driver ' s person, or
6.		the accident investigation body, where it is necessary to investigate incidents, in respect of the drivers involved in the incidents;
written information on the data and information contained in the certifying register. "

§ 162 (new) para. 6 Z 3 reads:

" 3.		the punishment of administrative transgressions, which consist in an infringement of provisions of a regulation adopted pursuant to § 49 (3), with organ criminal orders up to a maximum amount of 70 euros, and the repayment of other Administrative transgressions with organ criminal decrees up to a maximum of 36 euros (§ 50 VStG). "

28a. The following sentences are added to Section 162 (new) (new) (6) after Z 3:

" 50 vH of the penal funds from those administrative transgressions, which are perceived by organs of the Federal Police, are allocated to the local authority, which has to bear the effort for these organs. 20 vH of the fines arising from administrative transgressions as referred to in paragraph 3, which have been established by established image-processing technical facilities (§ 50), shall be allocated to the railway undertaking. "

29. According to § 165 (new) the following § § 166 and 167 are inserted:

" § 166. An administrative surrender is committed and is punishable by the district administrative authority with a fine of up to 2 180 euros, who

1.		the provision of section 21b is contrary to the provisions of
2.		without the application of Article 176, a class of locomotor vehicles on a railway referred to in § 125 (1) shall carry out and operate independently, even though it is either not a holder of a certificate or the self-employed and operated by it the motor vehicle class is not shown in its certificate, or,
3.		without the application of Article 176, on a railway operated in accordance with section 125 (1), it would carry out and operate on its own trains, even though it is either not a holder of a certificate or the railway is not shown in its certificate.

§ 167. An administrative surrender is committed and is punishable by the district administrative authority with a fine of up to 2 180 euros,

1.		those who do not publish compensation conditions in accordance with section 22a (1),
2.		Those who seriously infringe the information requirements referred to in Articles 8 or 29 of Regulation (EC) No 1371/2007,
3.		who seriously contravenes the assistance obligations under Art. 18, Article 22 (1) and (3) or Article 23 of Regulation (EC) No 1371/2007; or
4.		The person who seriously infringes the claim for promotion under Art. 19 or the information referred to in Article 20 (1) of Regulation (EC) No 1371/2007. "

30. § 170 (new) reads:

" § 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 S 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 S 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 amended by Directive 2007 /58/EC, OJ L 73, 14.3.2007, p. No. OJ L 315, 3.12.2007 S 44;
4.		Directive 96 /48/EC on the interoperability of the trans-European high-speed rail system, OJ L 124, 20.4.1996 No. 06. as amended by Directive 2004 /50/EC, OJ L 344, 28.12.2004, p. No. OJ L 164, 30.4.2006, p. 114;
5.		Directive 2001 /16/EC on the interoperability of the conventional rail system, OJ L 197, 21.7.2001.. No. OJ L 110 of 20.04.2001 p. 01, as amended by Directive 2004 /50/EC, OJ L 327, 30.12.2004, p No. OJ L 164, 30.4.2006, p. 114;
6.		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, 30.04.2004 p. 44;
7.		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.

31. In accordance with § 175 (new), the following § 176 and heading is inserted:

" Transitional provisions on the Federal Law BGBl. I No 25/2010

§ 176. (1) A staff member of a railway undertaking established in another Member State of the European Union or having its head office in another Contracting Party to the Agreement on the European Economic Area, which shall be responsible for the management and operation of the railway undertaking of traction vehicles on Austrian railways, which are part of the trans-European high-speed rail system or the trans-European conventional rail system, in international transport, cabotage transport or freight transport shall be used with the expiry of the 31. A driving licence and a certificate as defined in Directive 2007 /59/EC. However, if their foreign driving licence is for the self-employed driving and use of traction vehicles on the trans-European high-speed rail system or on the conventional trans-European rail system, other rail vehicles Member States of the European Union or of other Contracting Parties to the Agreement on the European Economic Area, in accordance with the drivers Regulation, BGBl. II No 64/1999, they may have been accepted until the end of the 31 December 1999. October 2018 on the Austrian Railways, listed in the first sentence, in a pre-31. For the purposes of the first sentence, the Supplementary Certificate issued in October 2011 shall carry out and operate such locomotion vehicles on their own and in accordance with the notification of recognition or in a prior to the 31 December 2011. The supplementary product was issued in October 2011.

(2) As far as not paragraph 1 is to be applied, the 31. October 2013 for the self-employed driving and operating of traction vehicles on Austrian railways belonging to the trans-European high-speed rail system or the trans-European conventional rail system, a driving licence and a certificate. However, those who do not have to wait until the 31 October 2013

1.		The power to control and operate trains independently on main or networked runways in accordance with the drivers regulation, BGBl. II No 64/1999, or
2.		over one in accordance with the train drivers regulation, BGBl. II No 64/1999, recognised foreign driving licence for the self-employed driving and operation of traction vehicles on the trans-European high-speed rail system or on the conventional trans-European rail system of other Member States of the European Union or of other Contracting Parties to the Agreement on the European Economic Area,
shall be allowed until the end of the 31. October 2018 such engines, which are in the notification of recognition or in a pre-31. 1 October 2013, on those Austrian railways which are part of the trans-European high-speed rail system or the trans-European conventional rail system, and which have been issued in one of the following: the 31. The audit or supplementary certificate issued in October 2013 shall be self-employed and operated independently.

(3) Where an application for an issue of a driving licence is submitted by persons,

1.		the power to independently manage and operate traction vehicles on Austrian railways belonging to the trans-European high-speed rail system or the trans-European conventional rail system, in accordance with the Motor vehicle driver regulation, BGBl. II No 64/1999, or
2.		their foreign driving licence for the self-employed driving and operating of traction vehicles on the trans-European high-speed rail system or the trans-European conventional rail system of other railway systems Member States of the European Union or of other Contracting Parties to the Agreement on the European Economic Area, in accordance with the drivers Regulation, BGBl. II No 64/1999,
A determination as to whether the conditions referred to in § 129 are available, is not necessary. By way of derogation from § 131, applications submitted by such persons must be accompanied by a copy of the power (Z 1) or a copy of the certificate of recognition (Z 2) on the issue of a driving certificate.

(4) Railway undertakings may, in respect of their staff members, who have the power to maintain and operate trains independently on Austrian railways which are responsible for the trans-European high-speed rail system or the trans-European railway system, conventional rail systems, according to the train drivers regulation, BGBl. II No 64/1999, and which are holders of a driving licence, without further examination as to whether the conditions set out in § 142 are available, in a certificate to be issued

1.		identify those Austrian railways which are part of the trans-European high-speed rail system or the trans-European conventional rail system and which are listed in the test certificate and a supplementary product which is all due and
2.		the class of motor vehicles referred to in the test certificate and a supplementary certificate, which is all due.

(5) Railway undertakings may, in respect of their staff, whose foreign driving authority is responsible for the self-employment and use of motor vehicles on the trans-European high-speed rail system or the trans-European conventional rail system, Railway system of other Member States of the European Union or of other Contracting Parties to the Agreement on the European Economic Area in accordance with the Rail Vehicle Guide Regulation, BGBl. II No 64/1999, and which are the holders of a driving licence, without further examination as to whether the conditions set out in § 142 are available, in a certificate to be issued

1.		identify those Austrian railways which are part of the trans-European high-speed rail system or the trans-European conventional rail system and which are listed in a supplementary product; and
2.		The class of locomotion vehicles referred to in the communication with which the preceding foreign driving licence has been accepted or which is listed in a supplementary product.

(6) For staff members of railway undertakings established in another Member State of the European Union or having their registered office in another Contracting Party to the Agreement on the European Economic Area, which shall have a certificate or a supplementary certificate according to the train drivers regulation, BGBl. II No 64/1999, shall apply to the rail-rail-related knowledge of the Austrian railways designated in these certificates, which are to be used for the trans-European high-speed rail system or the trans-European conventional rail system. Rail system is a part of the system.

(7) According to the train drivers regulation, BGBl. II No 64/1999, appointed audit commissioners appointed for the purpose of examining the technical knowledge of train drivers for the power to independently manage and operate motor vehicles on railways which are part of the trans-European network The high-speed rail system or the trans-European conventional rail system shall be considered to be in the scope and until the expiry of its order, as the competent auditor appointed in accordance with Section 148. Persons and entities which, as doctors or psychologists, are responsible for evaluating the presence of the physical or the mental aptitude of persons as drivers in the sense of the train drivers regulation, BGBl. II No 64/1999, have been entrusted with the task of entrustments and are also entitled to be entrusted with expert opinions pursuant to Section 150 (3).

(8) Until the Commission has adopted a Community model (§ 135) for driving licences, the content and characteristics of an issued driving licence shall comply with the requirements of Annex I to Directive 2007 /59/EC.

(9) Until the establishment of a Community model (§ 143) for the certificate issued by the Commission, the content and characteristics of an issued driving licence shall comply with the requirements of Annex I to Directive 2007 /59/EC. "

32. The following paragraph 8 is added to § 178 (new):

" (8) The 6. The main piece and the 7. Main part of the 9. Part in the version of the Federal Law BGBl. I n ° 25/2010, enter into force on 1 November 2011. "

33. 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

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

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. Issue of certificates

§ 37c. Withdrawal of 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: Interoperability-High-speed rail system

1. Section: General

§ 86. Purpose

§ 87. Scope

§ 88. Austrian high-speed rail system

§ 89. Interoperability

§ 90. Technical specifications for interoperability (TSI)

§ 90a. Conversion

§ 90b. Renewal

§ 91. Notified bodies

§ 92. Basic requirements

§ 92a. Provision of data

2. Section: Interoperability components

§ 93. Definition

§ 94. In-traffic

§ 95. Assessment of conformity or suitability for use

§ 96. EC declaration

§ 97. Incorrect EC declaration

Section 3: Subsystems

§ 98. Definition

§ 99. Compliance with the essential requirements

§ 100. Non-applicability of the TSI

§ 101. EC declaration of verification

§ 102. EC verification

2. Main item: Interoperability-Conventional trans-European rail system

1. Section: General

§ 103. Purpose

§ 104. Conventional Austrian rail system

§ 105. Interoperability

§ 106. Technical specifications for interoperability (TSI)

§ 107. Conversion

§ 108. Renewal

§ 109. Notified bodies

§ 110. Basic requirements

§ 111. Provision of data

2. Section: Interoperability components

§ 112. Definition

§ 113. In-traffic

§ 114. Assessment of conformity or suitability for use

§ 115. EC declaration

§ 116. Incorrect EC declaration

Section 3: Subsystems

§ 117. Definition

§ 118. Compliance with the essential requirements

§ 119. Non-applicability of the TSI

§ 120. EC declaration of verification

§ 121. EC verification

3. Main piece: Infrastructure and Rail Vehicle Register

§ 122. Contents of the registers

§ 123. Publication of the registers

4. Main item: Settings register

§ 123a. Erection and guidance

§ 123b. Contents

§ 123c. Access to data

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 "

Article 3

Amendment of the Rail Infrastructure Finance Act

The Rail Infrastructure Finance Act, BGBl. N ° 201/1996, as last amended by the Federal Law BGBl. No 163/2005, shall be amended as follows:

In Article 3 (1) (6), the point shall be replaced by a stroke, the following paragraphs 7 and 8 shall be added:

" 7.		the exercise of jurisdiction in accordance with Section 130 of the Railway Act 1957;
8.		the performance of the tasks for the erection and administration of registers, such as those of the rail infrastructure service company mbH in accordance with the Railway Act 1957, or in a regulation issued pursuant to the Railway Act 1957 shall be transferred. "

Fischer

Faymann