Amend The Railway Act 1957, Of Bundesbahngesetzes And Of The Federal Law Establishing A "brenner Base Tunnel Corporation"

Original Language Title: Änderung des Eisenbahngesetzes 1957, des Bundesbahngesetzes und des Bundesgesetzes zur Errichtung einer "Brenner Basistunnel Aktiengesellschaft"

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125. Federal law that modifies the railways act of 1957, the Bundesbahn and the Federal law establishing a "Brenner base tunnel Corporation"

The National Council has decided:

Article 1

Amendment to the Railway Act of 1957

The Railway Act 1957, BGBl. No. 60, as last amended by Federal Law Gazette I no.  163/2005 is amended as follows:

1. the title of the law is:



"Federal law on railways, rail vehicles on railways and transport on railways (Railway Act 1957 - EisbG)"

2. § eliminates 1 para 2; in the § 1 para 1, eliminates the outline description (1) and is lit in its no. 2. (b) the semicolon replaced with a point.

3. in Article 1a, the word "driving resources" is replaced by the word "Vehicles".

4. paragraph 1b along with heading:



"Railway company



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

5. § § 1e to 1 g and headings are:



'Urban and suburban services



section 1e. Urban and suburban transport is that traffic that covers the transport needs of an urban area or a metropolitan area, as well as the transport needs between an urban area or metropolitan area and the surrounding area.

Regional traffic



section 1f. regional traffic is that traffic that meets the transport needs of a region.

International freight transport



section 1 g. International freight transport is the transport, where the train crosses at least one border of a Member State of the European Union, a party to the agreement on the European economic area or the Swiss Confederation; the train may be extended and/or split, and the various sections of the train can have different departures and destinations, provided that all rail vehicles crossing at least one border."

6 § 5 par. 1 and 2 are:



"(1) trams are for public transport within a place certain railways (city tram), namely:"



1 road-dependent cars, a) whose structural and operational facilities at least partially in the transport area of public streets are and b) where rolling stock at least partly use the traffic room of public streets and fit into the way they operate the nature of road transport;

2. independent street cars run on which rail vehicles on a railway body, like high and underground railways, suspended cars or similar lines of a particular type.

(2) for public transport between several neighbouring towns of certain railroads considered trams, if they comply with the local street railway as a result of structural or operational facilities or according to the type of policies to be settled on them, essentially."

7. in paragraph 7, the word "driving resources" is replaced by the word "Vehicles".

7A. § 8 par. 2 of the parenthetical expression "(§ 51 Abs. 4) is not available In".

8. after article 8, § 9, 9a and 9B following § inserted:



'Common safety methods



§ 9 common safety methods adopted by the European Commission, are methods to describe the manner in which, as the following will be assessed:



1. the existing safety level a) for the construction and operation of major and interconnected branch lines;

(b) for the operation of vehicles on such railways;

(c) for traffic on such railways;

2. the common safety objectives a) for the construction and operation of major and interconnected branch lines;

(b) for the operation of vehicles on such railways;

(c) for traffic on such railways;

3. the existing requirements on the safety of a) operation of main and networked branch lines;

b) operation of rail vehicles on such railways;

(c) traffic on such railways).

Common safety targets



section 9a. Common safety targets which are adopted by the European Commission, is the description of the safety levels that must at least be reached:



1. for the construction and operation of major and interconnected branch lines;

2. for the operation of vehicles on such railways;

3. for the traffic on such railways.

State of the art



§ 9 b. The State of the art within the meaning of this Federal Act is the relevant scientific knowledge-based development advanced technological procedures, facilities, construction and operations, whose functioning is proven and tested. In determining the State of the art especially comparable processes, to attract facilities, construction or operating conditions and to take into account the proportionality between the overhead for the technical measures necessary according to the provided form and this caused benefit for each to protecting interests are,."

9 paragraph 10 together with the heading:



"Railroad



§ Are 10 railroad buildings, fixed railway technical backup facilities and land, which wholly or partly, directly or indirectly serve the settlement or assurance of the operation of a railway, operation of rail vehicles on a railway or traffic on a railway. A spatial correlation with the rail infrastructure is not required."

10 paragraph 10a together with the heading:



"Rail infrastructure



Article 10a. Rail infrastructure encompasses the in annex 1 part A to Regulation (EEC) No 2598/70 of the Commission of 18 December 1970 laying down the content of the different positions of accounting schemes of annex I of to Regulation (EEC) No 1108/70, OJ No. L 278 of the 23.12.1970 S 1, defined in scope."

11. in article 11, the bracket expression "(§ 51 Abs. 3) be"by the parenthetical expression "(§ 17b Abs. 2)", the bracket expression "(§ 51 Abs. 4)" by the parenthetical expression "(§ 17b Abs. 3)" and the quote "section 18 (4)" by the quote "section 18 c" replaced.

12 § 12 para 1 to 3 are:



"(1) as far as the jurisdiction of the Federal Ministry of transport, innovation and technology, of the Governor or the regulatory authorities resulting from this federal law, the district administrative authority as the authority is responsible for:"



1. all matters of the non-public railways including transport on non-public railways;

2. the decision on applications for component type approval, on applications according to article 32d and on applications for granting the operating licence, for rail vehicles, which are intended only for the operation on non-public railways; the territorial jurisdiction is determined according to the principal residence (seat) of the applicant;

3. the decision on applications for type-approval and requests pursuant to § 33 c, both for railway technical backup facilities that serve only the operation of a non-public railway or traffic on a non-public railway; the territorial jurisdiction is determined according to the principal residence (seat) of the applicant;

4. the decision on applications pursuant to § 21 para 6 and the Affairs of 21 para 8 of such railway companies that operate exclusively non-public railways.

(2) in so far as the jurisdiction of the Federal Ministry of transport, innovation and technology or the regulatory authorities resulting from this federal law, the Governor as the authority is responsible for:



1. all Affairs of the branch lines including transport on non-networked branch lines;

2. all matters of tramcars including transport on trams;

3. the decision on applications for the railway-legal building permit requests pursuant to § 31 g and on applications for granting the operating licence, for railway tracks or non-fixed railway technical backup facilities that a branch line or tram or the traffic on a branch line railway or tramway to serve also the operation of a non-public railway or traffic on a non-public railway, however the operation of main lines or the traffic on main lines on operation;

4. the decision on applications for component type approval, on applications according to article 32d and on applications for granting the operating licence, for rolling stock designed to operate on branch lines or trams, as well as to operate on non-public railways, but not to operate on main lines; the territorial jurisdiction is determined according to the principal residence (seat) of the applicant;

5.

the decision on applications for type-approval and requests pursuant to § 33 c, for railway technical backup facilities that a branch line or traffic on a branch line to serve also the operation of a non-public railway, however the operation of main lines or the traffic on main lines on operation; the territorial jurisdiction is determined according to the principal residence (seat) of the applicant;

6. the decision on applications pursuant to § 21 para 6 and the Affairs of § 21 para 8 of such railway companies that operate branch lines or trams, as well as non-public railways, but not main lines.

7. the oath exchanger or the authorization to the oath name of railway supervisory bodies of such railway companies that operate solely incidental or trams."

(3) the Federal Minister for transport, innovation and technology is the authority responsible for:



1. all matters of the main lines;

2. the following matters of networked branch lines: a) the decision on applications pursuant to § § 14 a, 14 c, 14 d and article 21a, para. 3, § 25, § 28 para 1;

(b) the declaration according to § 28 para 6;

(c) the withdrawal of the concession in accordance with section 14e;

3. the following matters of non-networked branch lines: a) deciding requests pursuant to § § 14 a, 14 c, 14 d and § 28 para 1;

(b) the declaration according to § 28 para 6;

(c) withdrawal of the concession in accordance with section 14e;

4. the following matters of railway undertakings: a) deciding on applications according to article 21, paragraph 6 and section 21a para 3;

(b) for the regulated in §§ 13 para 2, 19a, 19B paragraph of 2, 21 para of 8, 22 para 4 and 7, 26, 27 and 30 para 2 matters;

5. the following matters of such railway infrastructure companies that operate main lines as well as networked branch lines: a) exhibition, reissue, and the withdrawal of security permits.

b) notification pursuant to section 38d;

6. the decision on applications for the railway-legal building permit requests pursuant to § 31 g and on applications for granting the operating licence, for railway tracks or non-fixed rail safety technical facilities, the operation by or the traffic on a main line also operate by or serve the traffic on a branch line, a tram or a non-public railway;

7. the decision on the application for the component type approval of applications according to § 32d and on applications for granting the operating licence, for rolling stock designed to operate on main lines as well as to operate on branch lines, trams, or non-public railways;

8. the decision on applications for type-approval and requests pursuant to § 33 c, for railway safety technical facilities, through the operation of a main line or traffic on a main line also operate by or serve the traffic on a branch line, a tram or a non-public railway;

9. the decision on applications pursuant to § 21 para 6 and the Affairs of § 21 para 8 of such railway companies, which operate through the operation of a main line also branch lines, trams, or non-public railways;

10. the oath exchanger or the authorization to the oath all by rail regulators of such railway companies, which operate on the operation of main lines, branch lines or trams."

13 article 12 par. 4 No. 3 replaces the phrase "sections 38 and 39" by the phrase "§§ 42 and 43".

14 § 13 receives the section heading "Authority tasks".

15. in article 13 par. 1 eliminates the bracket expression (§ 14 and 51).

16 paragraph 13 paragraph 2:



"(2) the authority may send technical organs railway technical equipment and rail vehicles for reasons of security to monitor the construction and proper maintenance of railroad,."

17 paragraph 13a together with the heading:



"Annual report



§ 13a. (1) the Federal Minister for transport, innovation and technology has a report concerning its activities in the previous year in connection with the operation of main lines and networked branch lines to create the operation of rail vehicles on such railways and the traffic on such railways for each year. Annual report is no later than 30 September of the calendar year following the year under review in the Internet on the website of the Federal Ministry of transport, innovation and technology to publish and transmit the European Railway Agency.

(2) the annual report shall contain the following information:



1. a compilation of the common safety indicators listed in annex I of Directive 2004/49/EC;

2. important changes to federal laws and regulations adopted on the basis of federal laws, the subject of which is the construction or operation of railways indicated in paragraph 1, the operation of rail vehicles on such railways and traffic on railways;

3. developments in the field of safety certification and safety authorisation;

4. results of and experience relating to the control of railway infrastructure companies and railway companies.

"(3) the accident investigation authority (§ 3 accident investigation Act, Federal Law Gazette I no. 123/2005) has the necessary data that are required for the compilation of the common safety indicators for the reporting year, no later than 30 June of the calendar year following the year in electronic form to make the Federal Minister for transport, innovation and technology."

18 according to § 13a, the following paragraph is inserted 13B together with heading:



"Security recommendations



§ 13 b. In the to the authority in accordance with accident investigation law, Federal Law Gazette I no. 123/2005, targeted safety recommendations of the accident investigation authority is the ratio of costs and benefits to represent, which are to be expected with the implementation of appropriate measures. The authority has adequately the safety recommendations in carrying out their responsibilities to consider."

19 takes the place of sections 14 to 47, including headings:



"Part 3

Construction and operation of railways, construction and operation of rail vehicles on railways and transport on railways

1. main piece

Concession

Necessity of the concession



14. (1) a licence is required:



1 to build and operate as well as to the provision of rail transport services on trams and not networked branch lines;

2. the construction and operation of main lines and networked branch lines;

(2) No licence is required:



1. to build and to operate of bundeseigener main and networked bundeseigener branch lines;

2. to build and operate as well as to the provision of rail transport services on non-networked Federal branch lines.

Concession procedures



§ 14a. (1) the award of the concession shall be requested from the authority. In the application is credible to make, that the planned railway serves the interests of the public, and to specify how the necessary funds will be supplied.

(2) the request is a representation of the construction project, a cost estimate, a traffic estimate economic efficiency calculation, a building design and construction and operating program to add. Is a main line or a branch line, which is networked with other main or branch lines, subject of the request, are also the arrangements for access to the rail infrastructure in the request to represent.

(3) the licence may only be awarded if public interests are not opposed, or if the public interest in the construction and operation of the planned railway outweighs the conflicting interests (public interest the railway). Prior to awarding the concession is the Governor, and the communities as a matter of the own sphere, opportunity to comment within 30 days from the locally affected by the planned railway provided that it is not responsible, to give.

Operating opening period, concession period



§ 14 b. The concession is for a specific, to give time to measure, taking into consideration the public interest in the planned railway. This time runs from the date of the operation opening of the first section. In the concession, a reasonable operating opening time is set.

Purchase of a railway



§ 14c. A new licence for the remainder of the original is the purchaser of a public railway on request to lend, if the conditions for the award of the concession.

Extension of the concession period



section 14 d. The concession holder must request an extension, no later than six months before the expiry of the concession period is this request in that regard to grant non-public transport interests (such as in particular interest to standardization or rationalization of the rail transport, the volume of traffic, the route length or the other transport-economic importance of the railway) to prejudice. Not later than three months before the expiry of the concession period is decided on a request for timely submitted, it will be valid as extended to a year.

Concession withdrawal




section 14e. The authority may withdraw the concession if the concession holder despite repeated admonition is, that the conditions for a proper management of the operation of the railway or the operation of rolling stock on the railway no longer exist and significantly degrades the safety of traffic on the railway.

Termination of the concession



section 14f. The concession expires:



1. with the passage of time;

2. failure to comply with the stipulated in the concession operation opening period by declaration of the authority of permanent setting (§ 28 para. 6), or licence withdrawal.

3. with the death or the other termination of the legal personality of the concession holder.

2. main piece

Marketing authorisation

Necessity of the marketing authorisation



§ 15 natural persons resident in Austria, companies established in Austria or legal persons of governed by public law established in Austria must be for the provision of rail transport services on lines in Austria and networked branch lines and in Member States of the European Union, in the parties of the agreement on the European economic area and the Swiss Confederation of a marketing authorisation.

Documents relating to the application



section 15a. The granting of a marketing authorisation is the Federal Minister for transport, to apply innovation and technology. With the application, shall be provided:



1. information about the nature of the targeted rail traffic (freight/passenger);

2. If the applicant in the register of companies is registered, an extract from the trade register, not older than three months is;

3. a certificate of criminal records of the applicant; If it is a legal person or a partnership of commercial law, a criminal record certificate for its authorized by law, statute or memorandum to the representation or management;

4. a declaration of the applicant, or if it is a declaration of his authorized by law, statute or memorandum to the representation or management, that against them still not final; happened to Z 3 listed violations sentence because in the § 15 c a legal entity or a partnership of commercial law,

5. a statement of the applicant, that no significant arrears of taxes or social security contributions are due from the company's activity;

6. an official confirmation still no bankruptcy proceedings opened against the assets of the applicant not only due to lack of coverage of the costs of the proceedings;

7. for the applicant or if it is a legal person or a partnership of commercial law, for its authorized by law, statute or memorandum to the representation or management, the domicile or residence in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation have, documentation referred to in Nos. 3 and 6 of the competent authorities of the State.

8. the annual accounts of the preceding financial year; can for applicants who submit no accounts, the balance sheet, the opening balance sheet or a balance sheet; enclose is also the current assessment; be presented separately are: a) the financial resources available, including bank deposits and approved overdraft facilities and loans;

(b) the resources available as collateral and assets;

(c) the working capital;

(d) relevant costs, including purchase costs or prepayments for rail vehicles, land, buildings, installations and rolling stock, as well as the financing plan for that;

(e) the impact of assets;

9. an opinion or report of an auditor or a credit institution, which means that the applicant will meet its current and future foreseeable financial commitments under more realistic assumption in the next twelve months, referring to the information listed under Z 8;

10 information on the coverage of the liability by insurance or equivalent arrangements for the exercise of access rights.

Prerequisites



section 15 has b. (1) the Federal Minister for transport, innovation and technology to give the marketing authorisation, if the following requirements are met:



1. no reservations about the reliability (§ 15c) of the applicant;

2. financial performance (§ 15 d) of the applicant;

3. professional competence (section 15) of the applicant;

4. a sufficient coverage of the liability by insurance or equivalent arrangements for the exercise of access rights.

(2) these conditions must exist for the duration of the marketing authorisation.

Reliability



§ 15c. Against the reliability of the applicant certainly concern if



1. He himself, or if he is a legal person or a partnership of commercial law, its law, statute or memorandum to the representation or management were convicted and authorised by a court legally for one or more offences committed with intent to imprisonment exceeding one year as long as the conviction is expunged, nor is subject to the restriction of information extracted from criminal records (sections 1 to 7 of the principal Act 1972 , BGBl. No. 68), 2 of his assets or if he is a legal person or a partnership of commercial law also on the assets his bankruptcy proceedings opened authorized by law, statute or memorandum to the representation or management or there have been such a bankruptcy only because of lack of cover the costs of the procedure is no, or 3rd against him or if he is a legal person or a partnership of commercial law even against his law , Statute or memorandum to the representation or management authorized a final sentence for serious offences a) against traffic regulations, in particular against the railways act of 1957, the dangerous goods transport law and animal transport Act rail or b) customs, labour and social law obligations, in particular against the obligations incumbent on an employer according to the General Social Security Act or c) is been issued against obligations under the employment protection law, in particular against the employee.

Financial capacity



§ 15 d. The condition of the financial capacity of the applicant is fulfilled, when he is expected to meet its current and future foreseeable financial commitments under realistic assumptions in the next twelve months is can and are no significant arrears of taxes or social security contributions owed to company activities.

Professional competence



section 15e. The condition of professional competence of the applicant is satisfied if he has an operating organization or will have and has the necessary knowledge or experience for a safe and reliable operational control and supervision of business activity to provide the requested rail transport performance.

Decision



section 15f. The Federal Minister for transport, innovation and technology is required on an application for the marketing authorisation without undue delay, but not later than three months after all the necessary information to decide.

Traffic opening period



§ 15 g. In the marketing authorisation, a deadline for the opening of traffic on main or networked branch lines generally six months is to be set.

Checks



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

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

Withdrawal, restriction



§ 15i. (1) no longer exists only a requirement required for the granting of a marketing authorisation, has the Federal Minister of transport to withdraw the marketing authorisation of innovation and technology. In case of doubt as to the existence of the condition of the financial performance of the Federal Minister for transport, innovation and technology, unless the operation of railways, the operation of rail vehicles on railways and of traffic on railways is not compromised, can subsequently have through time limit for a period not exceeding six months restricting the marketing authorisation, if you expect that the doubts about the financial viability can be overcome at that time.


(2) a marketing authorisation granted by the Federal Minister of transport is to restrict innovation and technology on the provision of certain types of rail transport services, if this the holder of the marketing authorisation is requested.

Duties of notification



§ 15j. (1) the Federal Minister for transport, innovation and technology has recommended the granting, immediately notify the withdrawal or limitation of the marketing authorisation of the European Commission.

(2) If on the occasion of the provision of rail transport services domestic serious doubt become known that specific conditions for the issuing of a permit within the meaning of Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings as amended by Directive 2004/49/EC are no longer at a rail transport company established in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation , must notify this the Federal Minister of transport, innovation and technology of the authority of the other State.

(3) the insurer with the, a rail transport company based in Austria has taken out insurance on a sufficient coverage of the liability, is obliged,



1. the Federal Minister for transport, unsolicited and promptly to report any circumstance innovation and technology, which means a termination or limitation of the insurance coverage or a deviation from the original insurance certificate or may mean, and 2. at the request of the Federal Ministry of transport, to provide information, innovation and technology of such circumstances.

Cancellation of the transport approval



§ 15 k. The marketing authorisation expires:



1. failure to comply with the traffic opening deadline.

2. with the withdrawal of the marketing authorisation;

3. with the death or any other termination of the legal personality of the holder of the marketing authorisation.

3. main piece

Transport concession

Necessity of the transport concession



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



1. passenger transport services in urban or suburban services;

2. road freight in regional, urban or suburban.

Documents relating to the application



section 16a. The issuing of transport concessions is the Federal Minister of transport to apply for innovation and technology. In the application is the local area in which rail transport services should be provided to represent; to add the particulars listed in section 15a and documents.

Prerequisites



section 16 has b. (1) the Federal Minister for transport, innovation and technology to give the transport licence, if the following requirements are met:



1. no reservations about the reliability (§ 15c) of the applicant;

2. financial performance (§ 15 d) of the applicant;

3. professional competence (section 15) of the applicant;

4. a sufficient coverage of the liability by insurance or equivalent arrangements for the exercise of access rights.

(2) these conditions must exist for the duration of the transport concession.

Traffic opening period



§ 16c. In the transport licence a reasonable traffic opening period is set.

Checks



section 16B. 15 h section also applies to transport concessions.

Withdrawal, restriction



§ 16e. section 15i, paragraph 1 also applies to transport concessions. Transport concession granted by the Federal Minister of transport is to restrict innovation and technology on the provision of certain types of rail transport services or to a specific local area if this the holder of a transport licence applied for. In addition, § 15j para 3 shall apply.

Termination of transport concession



section 16f. § 15 k also applies to transport concessions.

4. main piece

Approval for non-public railways

Necessity of approval



§ 17. The approval is required to build and operate as well as to the provision of rail transport services on a non-public railway.

Approval procedures



§ 17a. (1) the granting of authorisation shall be requested from the authority. The application is a representation of the construction, a building design and a construction and operating program to add.

(2) the permit may only be issued if public interests are not opposed, or if the public interest in the construction and operation of the planned railway outweighs the conflicting interests (public interest the railway).

(3) approval is to decide whether, under what conditions and on what life on the railway a transport or a limited public traffic is allowed and which concessions are granted by the provisions of this Federal Act on request.

(4) the authorisation can be connected to the railway construction licence.

Transport, limited public transport



§ 17 b. (1) on non-public railways a transport or a limited public transport can be admitted in accordance with the following paragraphs, if offers the security of sufficient technical equipment of the railway.

(2) the transport includes free carriage of workers who perform activities to ensure of the safety of the operation of the railway, the operation of rolling stock on the railway and transport on the railway or belong to the company, the railway is used. The authority may allow the free transportation of people by ruling, the carriage of which is necessary, as well as who the company or its workers to leave, where's this connection is not guests guest - and recreation establishments (Advanced traffic) from public interests.

(3) limited public transport includes transport - traffic pursuant to par. 2 beyond but without obligation to carry - of persons or goods, provided that the scope of this promotion in a general traffic negative way can be differentiated and the facilities of the railway in terms of safety is a public. A charge for the carriage can be collected.

(4) the approval of work transport (Advanced plant traffic) or a limited public transport is to withdraw, if the railway undertaking no longer meets the criteria which were decisive for the admission.

5. main piece

Rights of the railway undertaking

Construction and operating rights



18. (1) a construction and railway undertaking legitimate operation of railways may in accordance with the legislation and in accordance with the concessions required by this federal law, permits and permits to build the railway including the related rail facilities, resources, and the other Zugehörs to operate, to provide reverse thrust and maintain rolling stock on the railway for the purpose of the construction and operation of a railway.

(2) a railway undertaking legitimate for the provision of rail transport services on the public railways is in accordance with the legislation and in accordance with the required by this federal law concession, marketing authorisation, entitled one an approval in accordance with § 41 equal program marketing authorisation or approval or transport concession on the one hand and other licences and permits, on the other hand, to provide public and non-public transport on railways to build railroad layouts, resources, and other appurtenances for this purpose and operate and operate rolling stock on a railway.

(3) a railway undertaking legitimate for the provision of rail transport services on non-public railways may in accordance with the legislation and in accordance with the approval required by this federal law on the one hand and other necessary permits and approvals on the other hand, to provide non-public transport, transport or limited public transport and to build railroad layouts, resources, and other appurtenances for this purpose and to operate and maintain rolling stock.

(4) the railway company is also entitled to make for the construction and operation of a railway to build necessary auxiliaries, even the operation of rail vehicles on a railway and transport on a railway and to operate and all serving to work itself.

Protection against not reasonable intention



§ 18a. The duration of the concession must be allowed anyone, to build other railways, which would mean a concession-holder is not reasonable intention.

Expropriation law



Article 18 b. The railway undertaking has the right of expropriation in accordance with the railway expropriation compensation law, BGBl. No. 71/1954.

Rights of tolerance of




§ 18c. The railway undertaking is entitled to require the acquiescence of the construction or installation of overhead lines, fixtures for the catenary, signals and other for the operation of a railway, for the operation of rolling stock on a railway as well as for the transport on a railway necessary equipment (switch, cable connections, backup and control box, stop signs and the like) without expropriation and compensation from the owners of land and buildings , as far as thereby not the intended use of the soil or of the building is substantially impaired.

Rail replacement services



§ 18 d. When temporary interference of the operation of a public railway or a setting for safety reasons (§ 19 b) a railway undertaking legitimate for the provision of rail transport services on the public railways is authorized to perform the General people, luggage or freight vehicles that are not tied to rail during this period.

6 main piece

Obligations of the railway company

Precautions



19. (1) a building and legitimate railway company undertakes for the operation of railways, the railway including the associated railroad, resources, and the other Zugehörs, taking into account the safety of the procedure and the requirements of the operation of the railway and transport to build the railway, to get, to supplement and in accordance with the legislation and according to the concessions required by this federal law , Permits and approvals to operate and has to make the necessary arrangements in this regard.

(2) a railway undertaking legitimate for the construction and operation of railways has arrangements to meet that no damage to public and private goods caused by the construction, stock or operation of the railway.

(3) a railway undertaking legitimate for the provision of rail transport services on railways is obliged to build the rail vehicles, railroad, resources and other appurtenances, taking into account the safety, order and the requirements of the traffic on the railway, to get, to complement and to operate necessary permits and authorisations in accordance with the legislation and according to the under this Federal Act and has to make the necessary arrangements in this regard.

(4) the Federal Minister for transport, innovation and technology can generally, determine for all or some types of railways by regulation, such as the requirements of the security and order and the requirements of the operation of a railway operation of rail vehicles on railways and transport on railways to the respective State of the art to fulfill, and what are the arrangements by the railway undertaking to maintain the obligations incumbent upon them in accordance with paragraphs 1 to 3 are. He may lay down further General, requirements for the training and testing of railway employees responsible for the safety of and those who perform activities to ensure of the safety and order of the operation of a railway, operation of rail vehicles on a railway and transport on a railway, for all or some types of railways by regulation.

(5) the Federal Minister for transport, innovation and technology has by regulation the essential requirements on safety and the order and the requirements of the operation of a railway operation of rail vehicles on a railway and transport railways to set, in the construction, maintain, especially as a signal, traffic and operating rules for the operation of railways, the operation of rail vehicles on railways and transport on railways to ensure of a high level of security, taking into account the common safety methods , are the common safety objectives, of the State of the art, to note a link of the railways as well as the protection of States; such a determined by regulation is not required, in that regard, as these requirements of directly applicable Community law or other federal legislation. As far as subject to such regulation is the operation of main and networked branch lines, the operation of rail vehicles on such railways or traffic on such railways, that the European Commission must be communicated.

(6) in directories to regulations made pursuant to paragraph 4 and 5 Austrian and international standards, technical specifications, technical regulations or other technical requirements can, run on as far as documentation on their full contents are available and these are equally accessible for everyone, in their enforcement of it is, that is met the basic requirements for the State of the art, or in assessing , that is exactly the same, are important or useful. These directories can be adapted by proclamation of the Federal Minister for transport, innovation and technology to date.

Regularly recurring checks



§ 19a. (1) railway undertakings, which have no certified security management system within the meaning of § 39 c, have to regularly recurring check technical engineering offices offices within the framework of their subjects or by people in the directory according to § 40, each within the framework of its railway technical trade area, over a period of five years civil engineers, both in the framework of its powers, by institutions of the Federal Government or a federal State, accredited bodies or notified bodies within the framework of the technical scope of their accreditation, , whether railroad layouts, resources including the rolling stock and other equipment the provisions of this Federal Act, the regulations adopted on the basis of this Federal Act and the railway-legal authorisation - adopted on the basis of this Federal Act, Bauartgenehmigungs - and operating permit decisions still correspond. Each periodic inspection is a to be submitted to the authority test certificate issue, which has to contain in particular deficiencies and suggestions for their rectification.

(2) if the listed in paragraph 1 inspection authorised by the railway undertaking presented complete, coherent and comprehensible documentation on the present at the time of the testing condition of railroad equipment including the rolling stock, and other appurtenances that are created on the basis of this Federal Act, the regulations adopted on the basis of this Federal Act, the railway-legal authorisation - adopted on the basis of this Federal Act, Bauartgenehmigungs -, or operating permit decisions or on the basis of administrative decision approved general orders , the correctness of the documents by the party entitled to inspection is to accept, except that the actual state of the railroad, resources including the rolling stock and of the other Zugehörs apparently is not the condition stated in this document.

Setting for safety reasons



§ 19 b. (1) is no longer the security of the operation of a railway or the safety of operation of rolling stock on the basis of the condition of a train, so the authority in the former case is the total or partial closing of such railway and in case of other railway undertakings to have authorized the total or partial setting of rail operation compared to the operation of the railway , provided that in the former case the safety of operation of the railway and in the other case the safety of operation of rolling stock on the railway can be ensured not by available by other measures. The set operation may be resumed only with the approval of the authority. The authorisation shall be granted if the safety of operation is guaranteed. The other measures available should be repealed if the determinants for the disposition have disappeared.

(2) the safety of operation of rail vehicles on a railway due to the condition of rolling stock or the leadership of the operation of rolling stock is no longer available, the authority shall have the total or partial setting of rail operation on a such rail against the railway company entitled to the operation of rolling stock, provided that the safety of operation of rail vehicles on a railway through available cannot be guaranteed by other measures. The operation may be resumed only with the approval of the authority. The authorisation shall be granted if the safety of operation is guaranteed. The disposal of other measures should be repealed if the determinants for the disposition have disappeared.

Reporting accidents and errors




§ 19c. The railway undertaking is obliged immediately to report accidents and incidents that occur during the operation of rail vehicles on a public railway or a siding or the traffic on a public railway or a siding when operating a public railway or a siding, the accident investigation authority. The Federal Minister for transport, innovation and technology has by regulation to determine the size and the form of the messages of the railway companies.

Transport systems, water courses



Section 20 (1) has transport facilities and watercourses that are disturbed or unusable due to the construction of the railway, according to the result of the railway-legal building permit process at his own expense in a suitable manner to restore the railway undertaking. The facilities and watercourses are to receive from the debtor so far obligated and to renew. Part to the conservation and renovation costs are enlarged by the construction of the railway, has the railway undertaking to bear. For buildings that were not previously available, has the railway undertaking to bear not only the cost of the first production, but also the future conservation and renewal. These provisions shall not apply, unless another agreement is or will be made.

(2) restored traffic facilities and watercourses are to pass the committed formally to the future conservation and renewal in accordance with paragraph 1. Denied the takeover, so the authority decides pursuant to the paragraph 1, to what extent the takeover as well as the future maintenance and rehabilitation has to be carried out.

Enclosures, shelters



section 20a. Between the railway and its surroundings are of the railway company's expense fencing or shelters to establish, maintain and renew, insofar as this is necessary for safety reasons. If such a requirement exists, is found in the railway construction permit proceedings. A deviation from the existing State is later than necessary, so the cost of production has to bear conservation and renewal, who caused them. These provisions shall not apply, unless another agreement is or will be made.

Operations Manager



21. (1) a construction and railway undertaking legitimate operation of railways has to appoint a manager who is responsible for the security and order of the operation of the railway including the railway premises, resources and the other Zugehörs and operation of rolling stock on the railway.

(2) a railway undertaking for the provision of rail transport services on railways legitimate has to appoint a manager who is responsible for the security and order of the operation of the railway premises, equipment and the other Zugehörs and operation of rail vehicles on railways.

(3) for a railway company to build and operate as well as to the provision of rail transport services on railways authorised the appointment of a person as a Manager is sufficient.

(4) for the Manager, at least a Deputy is appointed.

(5) section 1 to 4 does not apply to railway undertakings exclusively for the construction and operation as well as for the provision of rail transport services on sidings without own operating legitimate.

(6) the appointment of the Manager and his Deputy requires the approval of the authority. The authorisation shall be granted if neither there are concerns with regard to the reliability of even the suitability. If such arise subsequently, approval is to withdraw.

(7) the appointment of the Manager and his Deputy needed by way of derogation from paragraph 6 for railway undertakings which are entitled exclusively to the construction and operation as well as for the provision of rail transport services on sidings with own operating by means of any other reverse thrust in directions, any approval of the authority.

(8) in the case of large railway companies, technically competent Manager can be ordered in addition to the Operations Manager. They and their deputies are to show the authority.

General arrangements of railway staff



§ 21a. (1) the railway undertaking has the behavior training of railway staff, the activities to ensure of the safety of the operation of a railway, including the operation of rail vehicles on railways and transport on railways run by general orders in the interest of the security and order of the operation of the railway, to regulate the operation of rolling stock on the railway and transport on railways within the framework of existing legislation.

(2) section 1 does not apply to railway undertakings exclusively for the construction and operation as well as for the provision of rail transport services on sidings without own operating legitimate.

(3) the arrangements mentioned in paragraph 1 shall require the approval of the authority, which is to give, if not public transport interests are opposed.

(4) paragraph 3 shall not apply to exclusively to the construction and operation as well as for the provision of rail transport services to in § 7 Z 2 listed sidings with own operating legitimate railway undertakings.

(5) conduct training of staff already by federal law or regulations issued on the basis of federal laws mentioned in paragraph 1, including is regulated, is needed for such a behavior training, including any regulation by general orders.

Fare, timetable



Section 22 (1) has a railway undertaking, which provides rail transport services passenger transport on the public railways, accurately and economically reasonable on the basis of tariffs and timetables to offer them. Railway undertakings have to create the timetables on the basis of network timetable created by the allocation body. The rest are on railway undertakings, provide rail transport services on main or branch lines, to apply the provisions of the railway transport.

(2) railway undertakings which provide rail transport services in public transport on the public railways, have the fares and timetables, including the continuous connections in accordance with § 23 ahead of their force, and at the expense of the respective railway company to publish.

(3) the railway infrastructure company has to provide the rail infrastructure railway companies in order to access and to provide.

(4) the authority may under application of Regulation (EEC) No. 1191/69 on action by the Member States associated with the concept of public service obligations in the field of rail, road and inland waterway, OJ No. L 156 of the 28.06.1969 p. 01, as amended by Regulation (EEC) No 1893/91, OJ Order No. L 169 of the 29.06.1991 p. 01, changes of tariffs for the provision of rail transport services on the public railways. Outside the scope of this regulation, the authority may order changes the timetables for public transport if this is necessary in the public interest, and thereby not significantly affected the economic viability of the railway undertaking.

(5) tariffs for the provision of rail transport services on trams have to contain the conditions of carriage and all information required to calculate the transport prices. You are to apply anyone over in the same way. The information required to calculate the transport prices as well as the substantive provisions of the conditions of carriage are to be known by posting them in a suitable position.

(6) in the case of approval of a limited public transport on a non-public railway has the railway undertakings to set up conditions of carriage. The most important provisions of the conditions of carriage are to be known by posting them in a suitable position.

(7) in the case of the use of the armed forces in accordance with § 2 of the military service Act 2001, Federal Law Gazette I no. 146, the authority may at any time align the essential changes of tariffs for the provision of rail transport services on the public railways and timetables for public transport to the fulfilment of the usage purpose.

Direct clearance, continuous tariff



section 23. For the carriage of passengers, baggage and goods on main or branch lines, the railway undertakings concerned have a direct handling and a solid rate in the way of agreement to set up.

Public service



§ 24. Jurisdiction to order or imposition of services under Regulation (EEC) No 1191/69 as amended by Regulation (EEC) No. 1893/91 aimed across the U.S. According to the tasks according to the specific federal provisions. These separately regulated order powers of the Federal Government do not refer the students free rides and apprentice rides under the equalisation Act 1967, BGBl. No. 376.

Acts subject to approval




§ 25. The sale or lease of a public railway or of parts of a public railway, the other transfer of all or a part of the operation of a public railway or parts of a public railway, as well as the other transfer of all or a part of the settlement of transactions on a public railway or on parts of a public railway requires other nullity of those acts of the approval of the authority; She is granted if public interests are not opposed.

Accountability of the railway undertaking



§ 26 (1) has the railway undertakings to do so book the authority at any time; make the findings necessary for the exercise of their functions of its business operation It has to grant the authority any information required for that purpose; It has in particular the Authority organs to be allocated from all business records, books and other documents to the inspection and testing to submit.

(2) railway infrastructure companies and railway companies have the Schienen-control GmbH from this for market observation to determine the development of competition in the Austrian rail transport market, including the impact on passengers and customers, to provide needed and requested by the Schienen-control GmbH data completely within reasonable period of time. Schienen-control GmbH has Statistics Austria the Federal Agency at the request thereof to submit those data that no. 142/1983, for the creation of the rail transport statistics are required for road and rail statistics act, Federal Law Gazette. This is section 10 of the Federal Statistics Act 2000, Federal Law Gazette I no. 163/1999, to apply.

Facilitation



§ 27. The authority has more concessions by themselves for the construction and operation of branch lines, trams and non-public railways and for the operation of rail vehicles and for traffic on these the articles 19 to 26 and 30 resulting obligations to provide, as far as thereby is not threatened the security of the operation of this railway, operation of rail vehicles on these railways and transport on these railways and private rights or public interests do not preclude.

Setting because of economic unacceptability



Section 28 (1) economically not more reasonable is the continuation of the operation of a public railway or a public railway lines part, so has the authority at the request of the railway undertaking to grant the temporary or permanent closing.

(2) apart from the cases of temporary disruption of operation (§ 18 d, section 66) or such setting for safety reasons (§ 19 b), a temporary cessation of no longer commercially reasonable operations on a maximum of three years is limited to grant. In the case of a main line or a branch network or sections of railways the approval is granted if network timetable creation turned out that desire on allocation of train paths not or only to a slight extent there are.

(3) in the application for approval of a temporary suspension of the operation because of economic unacceptability also the display, which are necessary for security reasons during the setting of operation and which are intended to ensure the possibility to resume of operation precautions. If other arrangements are necessary for these reasons, she has to arrange the authority for a grant of the temporary cessation of the operation.

(4) prior to the granting of a permanent setting of operation because of economic unacceptability of continuing is to prove that efforts of the applicant railway undertaking to further operate commercially justifiable conditions were unsuccessful. The failure of the efforts is to prove on the basis of the results of a prospective customer search with obtaining binding offers. Prior to the issuance of permits is the Governor, if he is not responsible, to listen to.

(5) the application of Regulation (EEC) No 1191/69 as amended by Regulation (EEC) No. 1893/91 remains unaffected.

(6) the constant setting of operation granted a railway or track part of thereof, the authority has to declare the concession in this respect for expired at the same time.

Conveyance of railway



Section 29 (1) persistent default operating railways or continuously operating default parts of a railway are to leave. The owner of the railway to skip or to skip parts of a railway has to show the authority mentioned in paragraph 2, to display what railroad he intends to eliminate and precautionary measures in terms of the needs of public safety and to prevent damage to public or private goods intends to meet, that may be caused by the railway to decline or to skip parts of a railway.

(2) in the case of continuous adjustment of the operation of a public railway or any part of any public railway has the Governor, with continuous adjustment of the operation of a non-public railway or parts of a non-public railway the district administrative authority has to have what railroad over the announced railroad, to eliminate and which beyond the visible precautions precautions are taking on public interests, in particular on the issues of public safety, by virtue , damage to public or private goods, which could be caused to declining railway or to skip parts of a railway to avoid to the extent not anyway the passed State is made before the construction of the railway to skip or the to skip part of a railway. No official available is necessary, this notify is the holder of to skip railway or the holder to skip parts of a railway.

(3) the holder of to skip railway or the holder of to skip part of a railway has the carried out dissolution of constantly operating preset railway or display of constantly operating set parts a railway of the authority.

(4) the continuously operating default railway or the continuously operating default part of a railway considered to be abandoned, if the owner of the railway to skip or to skip part of a railway this according to its display, and if the authority has issued an injunction pursuant to par. 2 also, according to this available, has abandoned and the authority administrative decision has noted this.

(5) paragraphs 1 to 4 apply by analogy to facilities and buildings already constructed on basis of a railway construction licence declared extinguished, with the proviso that competent authority is the Governor, if the railway construction permit has been declared by this or the Federal Ministry of transport, innovation and technology for lapsed, and that authority is the district administrative authority, if the railway construction permit has been declared by her for expired.

Railway supervisors



Railway undertakings have section 30 (1) railroad officials to monitor the behaviour of persons to a public rail railroad, to determine (railway supervisory bodies) in rail vehicles operated on the public railways and in traffic on a public railway. Monitoring includes the order on the station forecourt, unless not otherwise competent organs to the body are. Railways, on which access rights are exercised, the monitoring has to include railway undertakings carrying out the behaviour of railway staff access, as far as this is necessary for providing the safety and order of processing of each operation of the railway and of the respective transport on the railway as a whole.

(2) the railway supervisory bodies are of the authority or of an organ of the railway undertaking which do so has been delegated by it to take oath. Railway supervisory bodies must be accompanied by a statement in its monitoring activities emerge from their property and their monitoring powers. Railway supervisory bodies, which prove no longer suitable to the exercise of its powers, are immediately recalled; This is to show the authority.

(3) railway supervisory organs may arrest persons entering with an administrative offence in accordance with §§ 43 para 1, 46, 47 para 1 and 47 b red-handed, if also the other conditions of section 35 are administrative penal code 1991 (VStG), BGBl. No. 52, but no organ of the public security service to intervene. The arrested persons are, if the reason is not already apply the arrest to show off the next organ of public security as soon as possible by rail regulators.

7 main piece

Construction, modification and operation of railroad and not fixed railway safety equipment and commissioning of railway vehicles


1 section

Railway construction permit

Necessity of a railway construction licence



§ 31. The railway construction permit is required for the construction or alteration of railroad and not fixed railway safety equipment.

Request



§ 31a. (1) the legal railway construction approval shall be requested from the authority. A construction design in opinion triple comprehensive preparation and project-related areas of expertise is the application to add; the latter to prove whether the construction is equal to the State of the art taking into account the safety and order of operation of the railway, operation of rolling stock on the railway and of traffic on the railway including the requirements of the protection of workers. In the case of requested deviations from the State of the art, also the arrangements are to represent, are intended to ensure that the security and order of the operation of the railroad, the operation of rolling stock on the railway and the traffic on the railway including the requirements for the protection of workers are guaranteed despite deviation from the prior of art. If a main line going alone or by a main line railway, the project of construction involves also a networked branch line, only an opinion is to add, that has to cover all areas of expertise relevant to the project; such an opinion has be ordered for the reimbursement of this opinion more than an expert to contain a general summary. The rebuttable presumption of the substantive correctness applies to that or the opinion.

(2) as experts in accordance with paragraph 1 shall apply and may with the refund are commissioned by opinion, as long as they were not entrusted with the planning or other circumstances exist that pull the impartiality or expertise in doubt:



1. institutions of the Federal Government or a federal State;

2. accredited bodies or notified bodies within the framework of the technical scope of their accreditation;

3. civil engineers within their areas of responsibility;

4. technical offices engineering offices within the framework of their areas of expertise;

5. natural persons who are beeidet for the reimbursement of opinion the required degree in General.

(3) the authority may lay down the addition of a different number of construction draft copies or copies of individual construction design documents according to the requirements of the individual case.

Construction design



Article 31 b (1) of the construction design must be especially evident:



1. the location of the railroad and the nearby the railway buildings, traffic facilities, water courses and systems;

2. construction and operation program;

3. the significant impact of the project on the environment;

4. the affected properties referred to in § 31e, as well as the owners of these properties, the of these in-kind beneficiaries, the beneficiaries of the water and the beneficiaries of the mine.

(2) the Federal Minister for transport, innovation and technology can meet for all or some types of railways by regulation generally, qualifiers of the documents required depending on the nature and scope of the construction.

Oral proceedings



§ 31c. The building plan is before oral proceedings by at least two weeks and not more than six weeks in the municipalities, their local area will be affected by the construction, applying for general inspection. The authority can shorten the period up to five days if this is of urgent public interest.

Contact interests



§ 31d. Be by the Federal Government, the countries and the communities to perceiving interests by the construction project affected, is to give opportunity to the relevant departments, to comment on the construction project. The opinion of the community is carried out within the framework of the own area of effect.

Parties



§ 31e. Parties within the meaning of article 8 of the General administrative procedures Act 1991, BGBl. No. 51, are the construction recruiters, the owners of the affected properties, these in-kind entitled, the beneficiaries of the water and the beneficiaries of the mine. Affected properties are also those who come to lie in the field of the construction ban or in the fire area, as well as those who must be subjected to due to its location in the danger area changes or restrictions except for the property taken by the building itself in claims.

Permit requirements



section 31f. The railway construction permit shall be granted if



1. the construction project the State of the art at the time of the introduction of the procedure initiating request to the authority, taking into account the safety and order of operation of the railway, operation of rolling stock on the railway and of traffic on the railway corresponds to, 2nd from the League of countries and are not violated by the municipalities to perceiving interests through the construction or, in the case of the existence of a breach of such interests arising in the execution and commissioning of the project benefit the Public is larger than the downside, which eingewendete a party's subjective public rights are not violated from the violation of those interests to the public by the execution and commissioning of the project is created and 3. or in the case of a violation of eingewendeter of a party's subjective public rights if the resulting from the execution and commissioning of the project benefit for the public is greater than the downside , the party is created through the execution and commissioning of the project.

The State of the art, applied for derogations in exceptional cases are allowed if precautions can ensure the safety and order of operation of the railway, operation of rolling stock on the railway and of traffic on the railway in other ways.

Construction deadline



section 31 g. In the railway construction licence one is to impose reasonable time, within the perform the construction project and to take in the case of his execution in operation is. The authority may extend this period on timely request. Will the deadline without compelling reasons is not respected, the authority has to declare railway legal building permit for expired.

2. section

Component type-approval

1 subsection

Rail vehicles

Necessity of a component type-approval



32. (1) before issuing an operating permit is for commissioning individual or numerically unbestimmter of rail vehicles, as well as modified individual or numerically unbestimmter of rail vehicles an approval required.

(2) no approval is required for the entry into service of passenger coaches and freight wagons, the



1. international uniform samples match, 2. their designated main residence (seat) outside of Austria, and 3 in another State are authorities or approved in the form of a permitted otherwise in this State.

Request



Article 32a. (1) the granting of component type-approval shall be requested from the authority in the presence of a building design in triplicate.

(2) the authority may lay down the addition of a different number of construction draft copies or copies of individual construction design documents according to the requirements of the individual case.

(3) the request to a component type approval for the operation of a not under § 32 b para 2 and 3 of listed rail vehicle or a not under § 32 b para 2 and 3 of listed, modified rail vehicle are giving opinions; This evidence, if the railway vehicle or the modified rail corresponds to the State of the art taking into account the security and order of the operation of the railway, the operation of other rolling stock on the railway and transport on the railway including the requirements of the protection of workers. The rebuttable presumption of the substantive correctness applies to that or the opinion.

(4) the application for the component type approval for the commissioning of a nostalgic rail vehicle are in the event that this railway is not the State of the art at the time of the introduction of the procedure initiating application, to represent the arrangements are intended to ensure that despite deviation from the State of the art at the time the security and order of operation of the railway, other rolling stock on the railway and transport on the railway operation , on which it is to be operated, guarantees including the requirements for the protection of workers.

(5) the application for the component type approval for the operation of a used foreign rail vehicle are to prove whether the rolling stock of the State of the art at the time of his initial approval corresponds to abroad, advice to give. The provisions are in addition to represent, are intended to ensure that the safety and order of operation of the railway, operation of rolling stock on the railway and of traffic on the railway, on which it is to be operated are guaranteed including requirements for the protection of workers despite deviation from the State of the art at the time of the introduction of the procedure initiating application.

(6) to be in opinion may be given only in compliance with the requirements specified in § 31a par. 2 of:



1.

Institutions of the Federal Government or a federal State;

2. accredited bodies or notified bodies within the framework of the technical scope of their accreditation;

3. civil engineers within their areas of responsibility;

4. technical offices engineering offices within the framework of their areas of expertise;

5. natural persons who are beeidet for the reimbursement of opinion the required degree in General;

6 other persons with primary residence (seat) in other Member States of the European Union, in other Contracting Parties of the agreement on the European economic area and the Swiss Confederation, if these people in these States to render opinions in the field of rail technology in authorisation procedures must be ordered.

Permit requirements



§ 32 b (1) is the component type-approval granted if a railway vehicle to be taken into operation or a railway to be taken into operation, changing it to be operated the State of the art at the time of the introduction of the procedure initiating request to the authority, taking into account the safety and order of operation of railway operation of other rolling stock on the railway and transport on the railways, on the that is equivalent to.

(2) a museum or a different professionally vested interest in maintaining or making a historical condition (nostalgia rail vehicles) is for rail vehicles, so a component type-approval to grant if the State of the art at the time of the introduction of the procedure initiating application are not met, even for the commissioning of such rail vehicle is by way of derogation from paragraph 1 but by measures ensuring that despite deviation from the State of the art at the time of the introduction of the procedure initiating application safety and order of operation of the Railway operation of other rolling stock on the railway and transport on the railway, on which it is to be operated, are guaranteed.

(3) for the start-up of used foreign rail vehicles is by way of derogation from paragraph 1 to even grant a component type-approval, if the State of the art at the time of the introduction of the procedure initiating application, but at the time of his initial approval from abroad is suited, and by measures ensuring that despite deviation from the State of the art at the time of the introduction of the procedure initiating application safety and order of the operation of the railway , the operation of other rolling stock on the railway and transport on the railway, on which it is to be operated are guaranteed.

Permissions



§ 32c. (1) in the component type-approval is set, on which types of public or non-public railways and, where appropriate, the conditions under which the rolling stock covered by the type-approval unrestricted or restricted may be operated.

(2) the approval entitles persons, baggage or freight, before issuing an operating permit to the commissioning of the rail vehicles outside of transportation in General covered by the type-approval.

Sunset in the component type-approval



§ 32d. In the component type-approval is a, taking into account the expected evolution of the State of the art to set reasonable time, within the rail vehicles, modified railway vehicles or used foreign rail vehicles of the approval accordingly in operation are allowed. If in the meantime no change of State of the art has occurred, has to extend the authority on request in a timely manner, the deadline for such period during which no significant change of the State of the art is expected.

Temporary testing of railway vehicles



section 32e. In the investigation, the authority may order in particular that a temporary testing of built or modified railway vehicles, as well as existing used foreign rail vehicles outside of transportation has in General to be persons, baggage or freight, if this appears necessary for a sufficient assessment of the requirements of the security and order of the operation of this railway. Here, the authority can set the detailed criteria for the testing.

2. subsection

Railway modern technical facilities

Admissibility of a component type-approval



§ 33. The component type-approval is allowed for the construction of an indefinite number of railway safety technical facilities or the alteration of an indefinite number of railway technical backup facilities.

Request



§ 33a. (1) the granting of component type-approval may be requested from the authority. A building plan in triplicate and opinion is the request to add; the latter to prove whether the railway safety technical equipment or the railway safety technical equipment to be changed is the State of the art taking into account the safety and order of operation of the railway, operation of rolling stock on the railway and of traffic on the railway including the requirements of the protection of workers. The rebuttable presumption of the substantive correctness applies to that or the opinion.

(2) to be in opinion may be given only in compliance with the requirements specified in § 31a par. 2 of:



1. institutions of the Federal Government or a federal State;

2. accredited bodies or notified bodies within the framework of the technical scope of their accreditation;

3. civil engineers within their areas of responsibility;

4. technical offices engineering offices within the framework of their areas of expertise;

5. natural persons who are beeidet for the reimbursement of opinion the required degree in General.

(3) the authority may lay down the addition of a different number of construction draft copies or copies of individual construction design documents according to the requirements of the individual case.

Permit requirements



section 33 b (1) is the component type-approval granted if the railway technical backup or a changing railway technical backup device corresponds to the State of the art at the time of the introduction of the procedure initiating application, taking into account the safety and order of operation of the railway, operation of rail vehicles on railways and of traffic on the railway, the railway safety technical equipment is to be operated on,.

(2) in the component type-approval is set, on which types of public or non-public railways the railway safety technical equipment or the railway safety technical equipment to full or restricted may be operated.

Sunset in the component type-approval



§ 33c. In the component type-approval is a, taking into account the expected evolution of the State of the art to set reasonable time, within the railway safety equipment or modified railway safety technical facilities of the approval accordingly in operation are allowed. If in the meantime no change of State of the art has occurred, has to extend the authority on request in a timely manner, the deadline for such period during which no significant change of the State of the art is expected.

3. section

Operating permit

Necessity of operating permit



34. (1) the operation of railroad, modified railroad, not stationary railway safety equipment, or changed not stationary railway technical backup facilities subject the operating permit, if a railway construction permit has been granted for its construction or alteration.

(2) the operation of rail vehicles, modified vehicles or used foreign vehicles requires the operating permit, if for this purpose a component type-approval was granted.

Connection with other permits



§ 34a. If there are no concerns from the point of view of the safety and order of operation of the railway, operation of rolling stock on the railway and of traffic on the railway, the Agency can connect:



1. the approval for the commissioning of railway tracks, modified railroad, not stationary railway safety equipment or modified not stationary railway safety technical facilities with the railway construction licence;

2. the permit for operation of rail vehicles, modified vehicles or used foreign railway vehicles with the component type-approval.

Request




Article 34 b. The granting of the operating permit shall be requested. A test certificate to close in, from the obvious must be, whether the railroad, modified railroad, not stationary railway safety equipment, or changed not stationary railway technical backup facilities correspond to the railway construction licence is the application. Section 31a, paragraph 2 shall apply mutatis mutandis for the issuance of the certificate. In place of an examination certificate, one of these content Declaration of a person recorded in the directory according to § 40 can be closed in when the railroad, modified railroad, not stationary railway safety equipment, or changed not stationary railway technical backup facilities under the direction of that person were executed.

Granting the operating permit



35. (1) the authority may the proposed operating permit for a miniature railway, changing miniature railway, non-fixed railway safety equipment or is modified non-fixed railway technical backup facilities readily give, when they conducted by in the directory according to § 40 were executed persons and there are no concerns, ensure a safe operation of the railway, a safer operation of rolling stock on the railway and a safe traffic on the railway. Otherwise, it is the case to confirm the previous-run railway system or non-fixed rail safety technical equipment are the railway construction licence.

(2) if there are no concerns that the safety of operation of the railway, the operation of rolling stock on the railway and the traffic on the railway, on which it is to be operated, ensuring the authority the requested operating grant for a rail vehicle, a modified rail vehicle or a used foreign rail under the suspensive condition, may provide that a declaration is presented to a person included in the directory according to § 40 , has a proper testing of the rail vehicle including the results of the testing by this person and his compliance with the component type-approval on the basis of a review by this person. Moreover the operating permit also then easily can grant for a used foreign rail if proof is provided that this testing and examination equivalent testing in the State in which this railway was approved, has been made. Otherwise, it is to confirm the mentioned rolling stock of the component type-approval are according to the situation of the case.

4 section

Permit free projects



36. (1) no railway construction permit or approval is required:



1. when new, extension, renewal and tags, as far as no extensive to an improvement in the work leading to overall performance of the railway require it;

2. If changes in railway safety technical facilities and for the commissioning of new rolling stock, as far as no extensive to an improvement in the work leading overall performance require the changes;

3. for the commissioning of Kleinstfahrzeugen with rail chassis, as well as two way vehicles, used exclusively in areas that are closed to other traffic on the railway;

4. in the case of erosion.

A prerequisite is that these buildings, changes, commissioning, and erosion under the direction of a person included in the directory according to § 40 and subjective public rights of third parties, which provided a construction permit for the Z, 1 to 4 would have to listed buildings, changes and erosion of party status, not injured.

(2) the Federal Minister for transport, innovation and technology can be described generally, closer for all or for specific types of railways by regulation, for which no railway construction permit or approval is required Z 1-3 listed buildings, changes, commissioning and erosion in any case in compliance with the requirement indicated in paragraph 1 in para 1.

(3) no railway construction permit is required and no approval is granted for the construction or alteration of railway safety equipment if scheduled for their construction or change according to a European technical approval or are European standards, European specifications, or common technical specifications for the respective railway safety technical equipment and whose construction or change according to these standards and specifications be made.

(4) no approval is required for the operation of rolling stock for the following journeys, if this be done under the direction of in the directory according to § 40 persons and precautions are taken, ensure that the safety and order of the operation of the railway, the operation of the rail vehicle on the railway and the traffic on the railway is not compromised:



1 to be held outside of the General people, luggage or freight transfer rides, trials or test runs with rolling stock for the granting of component type-approval or operating permit is requested and only on such railways, on which they operated application;

2. transfer rides, trials or test runs with railway vehicles, which are intended for export, and for which no approval and operating permit should be granted

3. transfer rides of a rail vehicle on a railway, on the approval according to not do operate.

4. transfer operations of foreign rail vehicle in transit through Austria;

5. prospects and demonstration flights with rolling stock for which the granting of a type approval or operating permit is requested and only on such railways, on which they operated application should be;

6 train for railway staff with rolling stock for which the granting of a type approval or operating permit is requested and only on such railways, on which they operated application should be;

7. occasionally held special trips for a limited group of participants to the presentation of foreign rail vehicles within the framework of the planned passage of the available permission;

8 sporadically held driving railway vehicles, their designated main residence (seat) in another State and this rolling stock in this State are officially approved for the purpose of track maintenance.

8 main piece

Safety certification

Need a safety certificate



section 37. For the exercise of access to the rail infrastructure of major and interconnected branch lines and the type of rail service to be provided is



1. for railway undertakings with seat in Austria a safety certificate part A and B required, which must refer to the type of rail service to be provided and the railway, on which this access is exercised, and 2nd for railway undertakings established in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation in addition to a safety certificate issued in its state of residence is a safety certificate part B requires.

Measures rail transport company



§ 37a. (1) a railway company has safeguards to ensure of the security of the operation of rail vehicles and the traffic on the main or networked branch lines, that should be the subject of a desire on allocation of train paths, to meet. These arrangements require the approval of the Federal Minister for transport, innovation and technology.

(2) with the request to approve the arrangements shall be provided:



1. information concerning the arrangements relating to the railway officials, the rolling stock and the operating of rail vehicles on railways in technical specifications for interoperability, federal laws, regulations, which have been issued on the basis of federal laws or national security regulations and notices that a railway construction permit, an approval or an operating licence has been granted and the evidence demonstrating compliance with this regulation by the security management system;

2. information on the various categories, technical qualifications and details on the training of railway staff, located in a service, work or contract to the railway undertakings and carry out activities to ensure of the safety of operation of rail vehicles on railways and transport on railways, including evidence that these railway staff the technical specifications for interoperability, as far as such exist , and meet the related having on this railway servants federal laws and regulations adopted on the basis of federal laws;

3.

Information on the species and the maintenance of used rolling stock including the evidence that these rail vehicles comply with the requirements of the technical specifications for interoperability, where such exist, and are federal laws having on rail related and regulations adopted on the basis of federal laws and a component type-approval.

(3) which is to grant approval if the arrangements are suitable, safe operation of rail vehicles and a safe traffic on the in paragraph 1 listed railways, which should be the subject of a desire on allocation of train paths, ensure.

(4) the railway company has announced to give all changes of the authorisation decision-relevant facts of the case, in particular the introduction of new categories of railway staff and the use of other types of rolling stock, the Federal Minister for transport, innovation and technology. In that case are to update the arrangements referred to in paragraph 1 and submit the Federal Minister for transport, innovation and technology for approval.

(5) in the preliminary proceedings, also institutions of the Federal Government or a federal country, accredited bodies or notified bodies within the framework of the technical scope of their accreditation and State-authorized institutions as experts can be ordered.

(6) the not or not fully precautions be approved in accordance with paragraph 1 by the railway undertaking, the Federal Minister of transport has to withdraw this approval with all innovation and technology.

Issuing certificates



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



1 the certification of imported safety management system under quote of the certificate and the approval of arrangements in accordance with § 37a under leadership of the ruling, the nature of rail transport services and the railway, the approved arrangements relate one a rail transport company headquartered in Austria at the request as to issue safety certificate part A and B designated certificate for a validity period of not more than five years, in the , are beurkundet and 2 a a railway undertaking established in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation as to issue safety certificate part B designated certificate for a validity period of not more than five years, the approval of measures in accordance with § 37a under leadership of the ruling, the nature of rail transport services and the railway that relate to the approved measures, is beurkundet.

(2) before an exhibition proposed by the railway undertaking, a new safety certificate part A and B this has the Federal Minister of transport, innovation and technology to prove that it has a certified safety management system implemented and which have met necessary conditions for the issuing of a permit according to § 37a.

(3) before an exhibition of a new safety certificate part B proposed by the railway undertaking, this has the Federal Minister of transport, innovation and technology to prove that it still meets the necessary conditions for the issuing of a permit according to § 37a.

Withdrawal of certificates



§ 37c. (1) the railway company is of the Federal Ministry of transport, innovation and technology



1 the safety certificate part A and B during their validity period by a decision to withdraw, if a) him the authorisation has been withdrawn after § 37a, b) no longer has a certified safety management or c) within one year from delivery of the safety certificate part A and B no access on rail infrastructure or parts thereof, the approved arrangements relate , has exercised or 2 part B during their validity period by a decision to withdraw the security certificate, if a) him the approval was revoked after § 37a or b) access has exercised within one year from delivery of the safety certificate part B on the rail infrastructure or parts thereof, the approved arrangements relate.

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

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

Duties of notification



§ 37d. (1) the Federal Minister for transport, innovation and technology of the European Railway Agency has the issue, reissue and the withdrawal of a safety certificate part A and B, stating the name and address of the railway undertaking to notify the date of the exhibition, reissue or deprivation of the safety certificate of part A and B, the period of validity of an issued or new scrying safety certificate part A and B and the railways of which covered within a period of four weeks. Has safety certification withdrawn part A and B by decision been, also the reasons for the withdrawal to communicate are the European Railway Agency.

(2) the Federal Minister for transport, innovation and technology has to inform the withdrawal of a safety certificate part B of the foreign authority, issued the safety certificate or any this appropriate Act the railway undertakings.

9 main piece

Safety authorisation

Need for a safety authorisation



section 38. Safety approval is required for operation of main lines and networked branch lines, including necessary to the operation of such railways operation of rail vehicles on such railways.

Proof of provision of railway infrastructure company



§ 38a. (1) a railway company has the authority over a period of five years regularly recurring proof, that it has taken that in accordance with § 19 para 1 and 2 about appropriate precautions.

(2) reasonable doubt occur on the authority, that the assigned post referred to in paragraph 1, were not or not fully met by the railway infrastructure companies to relevant provisions of the railway infrastructure companies, has the authority to request the railway infrastructure company for the provision of proof of renewed within a period of six weeks.

The safety permit has been issued



section 38 b. (1) the authority has to issue a railway infrastructure company on request a certificate called the safety authorisation for a validity period of not more than five years, if the verification in accordance with § 38a is provided and a certified safety management system has been introduced. The safety permit, certification of the safety management system and the provision of evidence in accordance with § 38a is to notarize.

(2) before an exhibition of a new safety permit requested by the railway infrastructure companies, this the authority has to demonstrate that it has a certified safety management system implemented and which have met necessary conditions for the issuing of a permit according to § 38a.

Withdrawal of approval of safety



§ 38c. (1) the safety approval is during their validity period by a decision to withdraw, if can be the railway infrastructure companies no longer has a safety management system that is certified or proof listed in § 38a no longer provided.

(2) railway infrastructure company have the authority of security permits, which have been withdrawn by decision or the validity of which has expired, without being asked to reset.

Duties of notification



§ 38d. The authority has the issue, reissue and the withdrawal of a safety permit, specifying the name and address of the railway infrastructure company of the European railway agency within a period of four weeks, the date of the exhibition, reissue or the deprivation of railways to share with covered safety approval, the period of validity of an issued or new scrying safety authorisation, and the. The safety authorisation decision has been withdrawn, also the reasons for the withdrawal to be communicated are of the European Railway Agency.

10 main piece

Safety management system, safety report

Introduction of a safety management system




§ 39. A rail transport company headquartered in Austria and a railway infrastructure company and other railway undertakings can a security management system to introduce to ensure prior to operation:



1. the achievement of the common safety objectives;

2. compliance with the essential requirements laid down in regulations according to § 19 and the safety requirements laid down in the technical specifications for interoperability;

3. the application of the relevant parts of the common safety methods.

Purpose of the safety management system



Article 39a. (1) the safety management system should take into account the control of all risks associated with the activities of a railway infrastructure company or a rail transport company, including maintenance, material procurement and the awarding of service contracts. The risks resulting from the other party activities are adequately taken into account.

(2) the safety management system of a railway infrastructure company has also the consequences resulting from the exercise of access rights of access authorized on its rail infrastructure, to take into account and to ensure that beneficiaries in accordance with the requirements contained in the technical specifications for interoperability, on compliance with provisions in regulations according to § 19 and under compliance with the special requirements for a safe operation of rail vehicles and the traffic on its rail infrastructure in exercise of access can be active.

Essential elements of the safety management system



§ 39. (1) the safety management system has to contain the following essential components:



1. a security order that approved justified and communicated to the railway staff who perform activities to ensure of the safety of the operation of the railroad, the operation of rolling stock on the railway and the traffic on the railway, by agent or management;

2 specific qualitative and quantitative targets to maintain and improve the security of the operation of the railroad, the operation of rolling stock on the railway and the traffic on the railway, as well as to achieve this objective created the organization plans and procedures;

3. procedures to meet existing, new and altered technical and operational standards or other specifications, which are set in the technical specifications for interoperability, in applicable federal laws or regulations that have been issued on the basis of federal laws or railway-legal authorisation - adopted on the basis of this Federal Act, Bauartgenehmigungs -, or operating permit decisions and procedures, which ensure that these standards or other requirements throughout the life of the material and for the entire duration of the operation of the railway , the operation of rolling stock on the railway and transport on the railway fulfilled;

4. procedures and methods for the risk assessment and the application of measures for controlling risk in the event that of changed operating conditions or new material risks for railroad, operating the railway, the operation of rolling stock to the railway or the traffic on the railway;

5. training programmes for railway staff who perform activities to ensure of the safety of operation of the railway, operation of rail vehicles on railways or of traffic on railways, and procedures which ensure that the qualification of these railway staff is maintained and whose activities are carried out this qualification according to

6 provision for a sufficient flow of information within the Organization and, where appropriate, between business organizations, using the same railway infrastructure;

7 procedures and formats for the documentation of security information and determination of control procedures to secure the configuration of vital safety information;

8 procedures to ensure that accidents, errors, are near misses and other dangerous occurrences are reported, investigated and evaluated and the necessary preventive measures are taken;

9 provision of applications, alarm and information plans in consultation with the competent authorities;

10 provisions on regular internal audits of the safety management system.

(2) all essential elements of the safety management system must be documented. The allocation of powers within the organization is to describe. It also is to describe how to the representation or management ensure control in the various divisions entitled, the railway staff who perform activities to ensure of the safety of the operation of the railway, operation of rolling stock on the railway or the traffic on the railway, as well as the staff representation in all levels of the company are included and the continuous improvement of the safety management system is ensured.

Certification of the safety management system



§ 39c. The safety management system is in this regard, whether it complies with the articles 39a and 39B and is achieving the goals stated in § 39 para 1 to certify by a body which is accredited for the certification of quality and safety management systems according to the accreditation Act. The certificate is for a duration of five years, calculated from the date of its exhibition to limit. The certificate shall be provided to the authority.

Security report



section 39B. Railway companies have headquartered in Austria and railway infrastructure company based in Austria every year before June 30 to submit a safety report the authority, relating to the preceding calendar year and that has to include the following:



1. information about how the corporate security. objectives

2. the Austrian and the common safety indicators, insofar as they are for the respective railway companies of concern;

3. the results of internal safety audits;

4. information on deficiencies and malfunctions, affecting the safety of operation of the railway, operation of rolling stock on the railway or the traffic on the railway.

11 main piece

Miscellaneous

Directory of railway technical areas of expertise



Section 40 (1) the Federal Minister for transport, innovation and technology has persons if they satisfy the requirements referred to in paragraph 2 and with respect to their reliability and suitability are no concern to lead at the request of a railway company in a directory divided according to railway technical topics.

(2) persons in paragraph 1 above have to be railway employees and to meet the following requirements:



1. the completion of study provided for the eligible Department at a university or University of applied sciences;

2. practical operation in the railway service with a domestic railway company that is authorized to build and to operate of a public railway or to the provision of rail transport services on the public railways in the period of at least seven years, including three years in the Department in which the person should be used where a domestic railway undertakings with seat in other Member States of the European Union , other Contracting Parties of the agreement on the European economic area or the Swiss Confederation and with equivalent safety standard be kept equal;

3. knowledge of the legislation coming for the Department to consider.

(3) of the requirements according to para 2 Nos. 1 and 2, distance can be taken if the proof of competence in other ways. The requirement referred to in paragraph 2 can be demonstrated by a confirmation of the railway undertaking, the person owns the No. 3.

(4) persons who are listed in a directory that is divided according to railway technical topics may only perform checks in accordance with section 19a,



1. If they have been registered in a period of less than five years prior to taking the exam in the directory or 2. If a period of less than five years before carrying out the test demonstrated the Federal Minister for transport, innovation and technology, that these people qualify yet for their leadership in this directory; has been verified, this is by the Federal Minister of transport, to confirm innovation and technology.

(5) the persons who are listed in a directory that is divided according to railway technical topics, just keep are:



1. institutions of the Federal Government or a federal State;

2. accredited bodies or notified bodies within the framework of the technical scope of their accreditation;

3. civil engineers within their areas of responsibility;

4. technical offices engineering offices within the framework of their areas of expertise;

5. natural persons who are beeidet for the reimbursement of opinion the required degree in General.

Preparatory work




§ 40a. (1) to carry out preparatory work for the elaboration of construction design for new or changing existing railways or railway premises the client receives the right to carry out the work necessary for the preparation of the construction under utmost foreign rights and interests on foreign real estate or to have a representative. He has thereby damage to replace.

(2) the client has at least four weeks before the intended start of preparatory work proven to contact the owner or the beneficial owner of the affected property.

(3) the entering of real estate, including the building and fenced land, or the removal of obstacles are denied the owner or the authorized representative, so the district administrative authority decides on request of the parties concerning the permissibility of the intended action.

Redemption right of the Federal Government



§ 40 b. The Federal Government can redeem BGBl. 71/1954, no. by the Federal Minister for transport, innovation and technology in agreement with the Federal Minister of Finance has made a main or branch line, as far as no other agreement, according to be applied mutatis mutandis to the railway expropriation compensation law, if this is necessary for public transport interests.

Foreign acts



section 41. In other Member States of the European Union, in other Contracting Parties of the agreement on the European economic area or permits granted in the Swiss Confederation, permits or other necessary for the exercise of access rights acts that content meet the required under this Federal Act, be the same latter;. Licences corresponding to a safety certificate part B, permits or other acts are excluded. In addition, foreign licences, permits or other legal acts required for the exercise of access rights can exist if not for that purpose measures regulations, upon request by a decision of the authority be accepted if the applicant occupies a underlying equivalent safety standard. Accordingly the same thereof or recognized by decision foreign approvals, permits or other acts replace the corresponding content permits required by this federal law, permits, or other acts.

3A. part

Riparian provisions, behaviour within railroad and rail vehicles

1. main piece

Coastal provisions

Construction ban area



The construction of railway foreign plants any kind at a distance is section 42 (1) in main lines, branch lines and private railways up to twelve meters from the center of the outermost track at railway stations within the boundary of the station and up to twelve meters from this, prohibited (construction of prohibition of).

(2) the provisions of paragraph 1 apply also to trams on private railways in unobstructed area.

(3) the authority may grant exemptions from the provisions of paragraphs 1 and 2, as far as this is compatible with the interests of public transport. Such a permit is not required, when it is come to an agreement on the establishment of the non-rail systems between the railway company and the bordering.

Danger area



Section 43 (1) in the vicinity of Railroad (exposure area) is the establishment of facilities or the carrying out of other actions the stock of the railroad or its appurtenances or the regular and safe management of the operation of the railway and operation of rolling stock on the railway, as well as the traffic on the railway, in particular the free view signals or schienengleiche railway transitions forbidden by the , is endangered.

(2) in the case of high-voltage lines of the danger area, is without prejudice to the provision of paragraph 3, if they overhead lines are usually based on twenty-five meters, if they are wired, typically each five metres on both sides of the line axle.

(3) if built in the danger area quarries, dams or other plants or substances which are explosive or combustible, to be stored or processed, by the traffic on the railway, the operation of rolling stock on the railway or the operation of the railway may be at risk, so construction or storage or processing is the permit from the authority before obtaining; is granted, if arrangements are made, which rule out any risk of the operation of the railroad, the operation of rolling stock on the railway and the traffic on the railway.

(4) the approval referred to in paragraph 3 shall not apply if it has come on the establishment of the quarry, the jam factory or other system or the storage or processing of substances between the railway company and the installer, Storer or processors in writing to be held down civil agreement on measures to be taken which rule out any risk of the operation of the railway, operation of rolling stock on the railway or the traffic on the railway.

Fire area



§ 43a. (1) plants of any kind at a distance are sure against ignition by spark (ignition) to make sure here, receive and renew when steam locomotives are in operation or their use is intended for explanation of the operator up to fifty meters from the center of the outermost track. Where special local conditions require it, the authority has to set a lower or a larger fire area. The authority in the railway construction permit proceedings or at the request of decides on the construction way of ignition-safe manufacturing after the respective State of the art.

(2) in the case of the construction of a new railway or extension of existing trackage meets the obligation for making ignition safe as well as maintenance and rehabilitation of the railway company to carry also the part of the cost, to the conservation and renovation costs have been enlarged by making ignition safe.

(3) in the case of installations in the vicinity of existing railways the obligation to the ignition-safe production as well as conservation and renovation meets the owner of the equipment.

Elimination of verbotswidrigen condition



§ 44. The District Administration has at the request of the railway undertaking the Elimination



1 to order by verbotswidriges behaviour or 2. contrary to a civil agreement pursuant to § 42 para 3 or section 43 (4)-induced State.

Elimination occurring hazards



§ 45. The hazards of the railway occurred within the area of risk due to natural disasters (such as avalanche, landslide, natural vegetation) (§ 43 para 1) are to eliminate by the railway undertaking. If the designated do so refuses his consent, the district administrative authority at the request of the railway undertaking to apply the toleration of elimination has him.

2. main piece

Behavior within the railway tracks and in rail vehicles

Behavior within the railway premises



§ 46. A behavior störendes the operation of a railway, the operation of rail vehicles on a railway and traffic on a railway is prohibited within the railway premises. In particular, it is forbidden to damage railway tracks, railway equipment and rail vehicles, to climb to contaminate, unauthorized to place objects on the road, to attach other ride obstacles, to change course, driving direction switch, to arouse alarm or to give signals.

Enter if not certain posts by railroad



47. (1) entering railway premises is permitted only with a permission card issued by the railway undertaking, with the exception of the bodies for this purpose.

(2) organs of the courts, the administrative authorities, public security service and the Customs guard may only enter railway premises without permission map, if and as long as this is necessary for the exercise of their service obligations. The authority may, as far as this is necessary in the public interest, impose more exceptions.

(3) the persons entitled to enter the railway premises without permission card have to be by a service identification or certificate of her Department.

(4) persons who are entitled to enter railway premises without permission map, be killed by accident during the operation of the railway or the operation of a rail vehicle or hurt or suffered damage to a property, so damages or claims emerge against the railway undertaking only if the accident arises from an unauthorized intentional or grossly negligent act or omission of the railway company or an officer of the railway. Railway employees of a railway undertaking shall be liable - without prejudice to the rights of recourse the railway undertaking - for the damage caused by them only if they have deliberately brought him.

(5) the provisions of paragraphs 1 to 4 are not to apply if a public street railway in the transport area.

Use of non-public railway transitions




Section 47a. Non-public railway transitions may be used only by the obligated persons entitled and only under the conditions attributable above for security reasons by the railways, which are to introduce at least the way legitimate.

Railway-benuetzende



§ 47 b (1) end of rail use have to comply with official orders of the railway supervisory bodies (section 30) and to behave as require the safety and order of the operation of the railway, operation of rolling stock on the railway, the traffic on the railway, as well as the consideration for others in the use of the railway and the rolling stock.

(2) end of rail use are allowed only in specific places, and only on the side of the rail vehicles for this purpose and get off.

(3) while a train is in motion, opening the doors of the rail vehicle entering the running boards and the lingering on unsecured open platforms as well as the getting in and out is prohibited.

(4) it is prohibited to throw objects from the rail.

3. main piece

Miscellaneous

Protection regulations



section 47c. "The Federal Minister for transport, innovation and technology can for all or for specific types of railways by regulation rules, in which that to protect of the railroad, of the operation of a railway, the operation of rolling stock on a railway and transport behavior offered a railway (§§ 43 para 1, 46, 47, 47a and 47B) closer to determine."

20. the heading before section 48 is as follows:



"Part 4

Crossings with roads, railway transitions

1. main piece

Structural transformation of roads

Arrangement of structural transformation"

21. in article 48 paragraph 3, the phrase "Railway or road transport" by the phrase "Traffic on the railway or road transport" be replaced.

22 paragraph 48 paragraph 4:



"(4) the authority has to use in determining costs of the expert opinion of an expert Commission. The Board of Directors of the Expert Commission is of rail infrastructure services company mbH. The Expert Commission consists of a Chairman and two other members. For each Member, order a replacement member. The members and the substitute members are by the Federal Minister of transport, innovation and technology to order. The Chairman (alternate member) must be legally qualified. Of the other members, one has to be a technical expert of the State Railways, as well as one to be a technical expert of the road and pavement engineering. At crossings with roads that are not federal roads, the expert of the road and pavement engineering with the road being of the eligible country should be particularly familiar. Expert Commission members are entitled to reimbursement of reasonable travel and out-of-pocket expenses as well as an attendance fee. The Federal Minister for transport, innovation and technology can set flat-rate amounts for the attendance of the members in agreement with the Federal Minister of finance in accordance with the scope of to be performed by the Expert Commission opinion activity through regulation."

23 §49 receives the following heading:



"2. main piece

Schienengleiche railway transitions

Assurance and convergence and translation behavior"

24. in the section 49, paragraph 1, the phrase "State of technical development" is replaced by the phrase "State of the art".

25 paragraph 50 together with the heading:



"3. main piece

Sidings, webs



§ 50. For sidings and webs with limited public transportation, the provisions of § apply section 48 and 49 accordingly. The provisions of § 49 with the proviso that the costs of backup facilities, insofar as no other agreement is or will be met, are to be borne by the railway undertaking alone apply to the other webs."

26 § 51 and the outline of "part 4" and the title of this part as well as the sections 52 and 53 are eliminated.

27 § 53a para 2 is as follows:



"(2) a railway infrastructure company also has businesses, produce the rolling stock, to give the shared use of the rail infrastructure for a testing of vehicles against cost reimbursement; These companies have this connection accordingly to comply with the obligations on the basis of article 19."

28. in paragraph 53, c paragraph 5 is replaced by the word "Railway" the word "Resources".

29 paragraph 56:





Article 56. The allocation body has through allocation of train paths without discrimination to concede access to the rail infrastructure of the main and networked branch lines access authorized where beneficiaries located in Austria also have a safety certificate part A and B, to provide beneficiaries with headquarters in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation also in addition to a safety certificate issued in its state of residence a safety certificate part B."

30. in paragraph 57, eliminates the Z 3 and is the No. 4:



"4. railway company, working not only on the urban, suburban or regional transport is limited, with headquarters in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation for the provision of rail transport services in freight transport;"

31 § 58 paragraph 2 No. 1 is:



"1. the shared use of their training facilities for railway officials, who are responsible for the safety of operation of rail vehicles on railways and transport on railways and their training for the exercise of the right of access is required;"

32. the section 58 the following paragraph 6 is added:



"(6) as far as other services available are to provide, they are by the respective railway company even available to ask if it can provide these other services though not more directly, but indirectly, about in the way of agreement with third parties."

33. paragraph 61 is eliminated.

34. in article 62 par. 2 and 3 is the phrase "Society envisaged in the rail infrastructure financing Act" by the phrase "railway infrastructure services company mbH" replaced.

35. the following paragraph 4 is added to § the 62:



"(4) rail infrastructure company announced the company of Schienen-control GmbH to give, to which they have transferred the tasks associated with the function of an allocation body wholly or partially contracted."

36. the following sentence is added to article 65 paragraph 6:



"Schienen-control GmbH is to give the opportunity, to participate in the hearing as an observer."

37. 65 b paragraph 1 the following sentence is added at section:



"Schienen-control GmbH is to give the opportunity, to participate in the hearing as an observer."

38. § 65c para 3 first sentence reads:



"Not collected fees according to section 67, paragraph 2, or they have not led to a satisfactory outcome and was declared for overloaded rail infrastructure, so the allocation body in establishing network timetable has those desires which have the allocation of train paths for the provision of public services in the rush hours to the subject, to be considered as a priority."

39. section 71 paragraph 1 first half sentence reads:



"Each allocation body has a desire of access authorized allocation of train paths or provision of other services of a railway infrastructure company, which is inserted in the form indicated in the network statement, to examine and to negotiate;"

40. in the section 73a, paragraph 1, the quote "§ 62 para 2" by the quote "article 62 par. 3" will be replaced.

41. after the 6 part is the following 6a. Part and 6B. part is inserted:



"6a. part"

Access to other railways

Beneficiaries on other railways



75a. (1) can be done only through access to other railway as a main or networked branch line rail infrastructure the provision of rail transport services in public transport to or from ports or freight terminals, the such a railway has performing rail company for that purpose through allocation of train paths without discrimination to give access to the rail infrastructure and beyond in order to access to the rail infrastructure on these access to provide the other services listed in section 58, excluding any discrimination available under the conditions in section 58. The allocation of train paths and the provision of other services has in the form of a written contract to be carried out.


(2) may be the provision of rail transport services by a public railway to a siding or a siding to a public railway on the basis of plant relationships only over if necessary equipment railway of other railway undertakings, the railway undertakings operating this railway have railway company operated the siding and railway undertakings, which are entitled to grant access to this railroad for the purpose of provision of railway transport services in transit without discrimination for the provision of rail transport services on the public railway.

(3) to access according to paragraphs 1 and 2 the provisions relating to the regulation of the rail transport market including the appeal possibility of access authorized railway undertakings to the rail control apply §§ 74 mutatis mutandis the rights of regulatory authorities and Commission, 74a and 75. For cases of access according to paragraphs 1 and 2 the rail control may provide via application of the railway company operating the railway Commission relief from the obligations arising from the provisions relating to the regulation of the rail transport market, as far as thereby is compromised not the purpose of the Regulation (article 54). Such improvements are in particular to grant, to the extent that for the track or the section exist no desire to access by third parties. When granting relief from any existing contractual arrangements for the use of the route or the route part are taken into account if they do not preclude the purpose of the regulation.

Voluntarily cleared access



section 75 b. (1) for the construction and operation of non-networked branch lines or trams authorized railway undertakings shall be entitled without prejudice to their obligations under this Federal Act to give other railway undertakings authorised to provide rail transport services on the public railways for the purpose of provision of railway transport services access to railroad of this railroads voluntarily through allocation of train paths. These require for the exercise of this voluntarily granted access of any other permission under this Federal Act.

(2) the allocation of train paths according to para 1 is in the form of a written contract to be carried out, which has to contain all this access-related conditions in regard to the administrative and technical arrangements. Such a contract is to show the authorities (§ 12). In the contract, it can be agreed that the rail control can call the beneficiaries railway undertakings in the event of a complaint upon exercise of access as Conciliation Commission; the contract to submit also the Schienen-control GmbH is case.

Part 6B.

Training facilities

Access to training facilities



section 75c. (1) the operator of a training facility for the training of railway staff who perform activities to ensure of the safety of the operation of a railway, operation of rail vehicles on railways and transport on railways, have to grant railway undertakings, access to its training facilities for the training of railway staff training to issue a safety certificate part A and B, or a safety certificate part B is required, excluding any discrimination.

(2) the fee to be paid for the training of railway staff is to lay down the principle of refunding reasonable and customary fee.

Test, certificates



§ 75 d. The training referred to in section 75c has to convey the railway staff the necessary route knowledge on a railway having reference, operating rules and procedures, signal environments, train controls, train backups, train monitoring and incident procedures. Railway officials are to examine the determination of mediated knowledge and to document the check results in certificates.

Complaint to the rail Control Commission



§ 75e. (1) is refused the desire of access authorized to conclude of a contract on training of railway staff or an agreement between the operators of the training institution and the access controller at the latest within three months from receipt of the desire for the operators of the training facility is not concluded, he can charge beneficiaries complained to the rail Control Commission. The appeal has to be made in writing and include a proposal to conclude of a contract on training of railway staff together with the name of the essential content of the envisaged treaty.

(2) the operator of training institution, the desire was made, the rail Control Commission has to submit the documents required for the decision on the complaint within one week after the request through the Rails-Control Commission.

(3) who may Commission Schienen-control use the information contained in the documents referred to in paragraph 2 for the decision on the appeal.

(4) the rail Control Commission upon receipt of the complaint by decision to decide after consultation with the operator's training facility and of access authorized training facilities.

(5) the appeal is sought with the access to training facilities, is to be held at the legal conditions for the coveted access to the training facility; in this case access desired by the person entitled to access to training facilities has replaced a written contract about training for railway by the decision to be made, do the complaint; the notice must contain all the conditions with regard to the administrative and financial arrangements.

(6) a decision adopted in accordance with paragraph 5 does not preclude legitimate access and operator of training facility a time later a contract about the training of railway staff between the complainant."

42. in the section 77, paragraph 1, introductory phrase accounts for the number "61".

42A. § 77 para 1 the point after the word "Bodies" replaced by a semi-colon and following section 5 is added to Z 4:



"5. the activity of complaints."

43. in § 77 para 2 the Word replaces "subject to template" "message subject" the word.

43A. According to § 78 following §§ 78a and 78 b along with headings shall be inserted:



"Complaints board



§ 78a. (1) without prejudice to the competence of the courts or the authorities, local authorities, interest groups and customer complaint cases, relating to the carriage of passengers, baggage or goods and which have not been settled satisfactorily with a railway infrastructure company or railway company, may submit the Schienen-control GmbH. Schienen-control GmbH has submitted appeal case of local and regional authorities and interest groups anyway, and when submitted complaints by customers in cases of fundamental importance or above average accumulation equal bearing cases an amicable solution to seek. In both cases, she has a recommendation, which is not binding and not subject to appeal, to submit to the control of the matter.

(2) the Schienen-control GmbH has a policy to lay down a procedure for the treatment of complaints referred to in paragraph 1 and to publish on its Internet site. Railway infrastructure companies affected by complaints or railway undertakings have to cooperate and to provide all information necessary for assessing the facts of the complaint-relevant request by Schienen-control GmbH.

(3) the Schienen-control GmbH has in particular a year to produce a report on customer satisfaction in the rail sector in General and about the pending made complaint cases. The report is in an appropriate manner, at least on its Internet site, to publish.

Activity report



§ 78 b. Schienen-control GmbH has annually an activity report on their respective calendar year in all their missions in accordance with § 77 railway law activities carried out and their results, to establish in particular the development of the rail market by no later than 30 June of the calendar year following the year under review. The report is to publish in an appropriate manner and to present the National Council of the Federal Ministry of transport, innovation and technology."

44. paragraph 81 subsection 2:



"(2) Schienen-Control Commission are the responsibility of her part in the 5th up to 6 b this Federal Act assigned responsibilities (sections 53 c, 53f, 64 para 5, 65e para 4, 72, 73, 74, 75a para 3 and 75e) and completion of appeals against rulings of Schienen-control GmbH." "In the Affairs of sections 53e para 2, 75 paragraph 2, 77 para 3 and 80 para 1 is they objectively consider upcoming federal authority within the meaning of §§ 5, 68 and 73 AVG."

45. paragraph 88 No. 1:



"1.

Main lines or any part of thereof, in the decision No. 1692/96/EC on Community guidelines for the development of trans-European transport network (OJ No L 228 of the 9.09.1996 S 1) as amended by the did right decision No 884/2004/EC (OJ No L 201 of the 7.06.2004 S 1) are listed and the specially a) for use by high-speed trains have been built or are and are designed so that on them high-speed trains generally with a minimum speed of 250 km/h for the provision of railway services used or will be used, b) for use by high-speed trains have been developed or will be and which are designed (, dass auf Ihnen Hochgeschwindigkeitszüge mit einer Geschwindigkeit von Rund 200 km/h zuder Erbringung von Eisenbahnverkehrsleistungen eingesetzt werden oder eingesetzt werden sollen, oder c) for use by high-speed trains built or expanded or are and that the speed of high-speed trains must; be set on which are made from the topography, the needs of specific nature resulting surface design or the urban environment and that in some cases "

46. in paragraph 88, no. 2 is replaced by the word "Railway" the word "Resources".

47. According to article 90, following articles 90a and 90b including headings shall be inserted:



«Upgrading



§ 90a. Conversion means major work to modify a subsystem or parts thereof, which lead to an improvement of the overall performance of the subsystem.

Renewal



Article 90 b. Renewal means major work to replace of a subsystem or parts thereof, that do not lead to a change in the overall performance of the subsystem."

48. According to section 92, the following section 92a and heading shall be inserted:



"Provision of data



section 92a. The Federal Minister for transport, innovation and technology has to provide all data of the European railway agency responsible for drawing up the TSIs that are required to enable this in the preparation, adoption or revision each TSI taking into account all foreseeable costs and the benefits of all tested technical solutions, as well as the interface between them with the aim to determine the most advantageous solutions. The railway companies have such, to make data available to the Federal Ministry of transport, innovation and technology."

49. paragraph 95 together with the heading:



"Assessment of conformity or of suitability for use



Section 95 (1) to assess the conformity or the suitability for use of an interoperability constituent is in the respective TSI or in a European specification created in execution of a TSI set conformity such or use suitability process by one in the respective TSI or in execution of the TSI created European specification referred place to undergo. An interoperability constituent coated under such a procedure proves to be compliant or use suitable, this is by the body which has performed the conformity or use suitability process to hold a certificate. The certificate establishes the rebuttable presumption that the interoperability constituent meets the essential requirements concerning them.

(2) a TSI is not adopted, is to assess the conformity or suitability for use of an interoperability constituent with the essential requirements relating to them on the basis of existing, relevant European specifications. Also no relevant European specifications are available, is so to assess the conformity or suitability for use of an interoperability constituent with the essential requirements relating to them on the basis of common standards and technical specifications.

(3) the Federal Minister for transport, innovation and technology has an each updated list of referred to in paragraph 2 to be applied common standards and technical specifications in the Internet on the website of the Federal Ministry for transport, innovation and technology to publish."

50th paragraph 96 paragraph 1:



"(1) for an interoperability constituent is a declaration to exhibit, which has to comply with the annex IV of to Directive 96/48/EC on the interoperability of the trans-European high speed rail system by the manufacturer or his authorised representative established in the community." While the TSI provisions relating the interoperability constituent including European specifications created in execution of a TSI shall apply; No relevant TSI exists, relevant European specifications are to apply; even those are not available, the common standards and technical specifications are to be applied."

51. paragraph 2 is § 96.

52. in § 99 paragraph 2 No. 1 replaces the phrase "Approval under § 36" the word "Approval".

53. the following paragraph 3 is added to § the 99:



"(3) the Federal Minister for transport, innovation and technology has also the sites of legal acts in the official journal of the European Union, adopt the TSI on the Internet and, if the time of their in force not anyway even evident from these acts, to make known the time of their in force."

54. paragraph 100 together with the heading:



"Non-applicability of the TSI



§ 100. (1) in the following cases the Federal Minister of transport, innovation and technology certain TSIs, including those for rail vehicles, to explain decision not applicable:



1. for projects for the construction of a railway, as well as in projects for the renewal or upgrading of existing lines, which are located at the time of the publication of the TSI concerned in an advanced stage of development or the subject of one are in the execution of the contract;

2. in the project for the renewal or upgrading of existing lines, if the TSI values for the gauge, the gauge, the track gauge or voltage, which are incompatible with the corresponding values of the existing main lines;

3. in the case of schemes for the renewal, extension or upgrading an existing main line, whereby the application of the relevant TSIs would compromise the economic viability of the project or the coherence with other railways would be affected

4. projects for rapid restore economically or technically allow a partial or full application of the TSI one by accident or a natural disaster destroyed or damaged main line, if the conditions of hiefür.

(2) in all the cases mentioned in paragraph 1, the Federal Minister for transport, innovation and technology in the investigation has to the European Commission of the proposed exception to teach and their a base transmit in the TSIs or parts thereof, which shall not be applied, as well as the corresponding applicable specifications are listed. To in paragraph 1 Z 2 and 3 listed cases is to await the decision of the European Commission before issue of notice."

55. the following sentence is added to § 101 paragraph 1:



"The job has also the verification of the interfaces of the subsystem with the system, the part of which it forms, to include; insofar as such information exist, has. This test based on in the infrastructure and rolling stock register information to be carried out in the respective TSI, except such a declared inapplicable, and the"

56. paragraph 104 No. 1:



"1. branch lines and from the scope of the 1st main piece No. 1692/96/EC on Community guidelines for the development of trans-European transport network (OJ unrecognised These railways main lines, as far as the decision" No L 228 of the 9.09.1996 S 1) as amended by the did right decision No 884/2004/EC (OJ (Nr. L 201 vondem 7.06.2004 S 1) are stated; "

57. in paragraph 104, no. 2 is replaced by the word "Railway" the word "Resources" and the point replaced with a semicolon;. following no. 3 shall beadded:



"3. other main lines, other networked branch lines and other rail vehicles that operate on such railways when these main lines, branch lines, and rail vehicles within the scope of a technical specification for interoperability."

58. paragraphs 107 and 108 and headings are:



«Upgrading



§ 107. Conversion means major work to modify a subsystem or parts thereof, which lead to an improvement of the overall performance of the subsystem.

Renewal



section 108. Renewal means major work to replace of a subsystem or parts thereof, that do not lead to a change in the overall performance of the subsystem."

59. in article 109 paragraph 1, Z 2 accounts for "trans-European" the word.

60. paragraph 110:






section 110. The basic requirements are those conditions which must comply with the conventional trans-European rail system, the subsystems, and the interoperability constituents including interfaces and are listed in annex III to Directive 2001/16/EC on the interoperability of the conventional rail system."

61. first sentence reads § 111:



"The Federal Minister for transport, innovation and technology has to provide all the data of the European railway agency responsible for drawing up the TSIs which are required to enable this for the preparation, adoption or revision each TSI taking into account all foreseeable costs and the benefits of all tested technical solutions, as well as the interface between them with the aim to identify the best solutions and to realize."

62. paragraph 114 with heading:



"Assessment of conformity or of suitability for use



§ 114 (1) to assess the conformity or the suitability for use of an interoperability constituent is in the respective TSI or in a European specification created in execution of a TSI set conformity such or use suitability process by one in the respective TSI or in execution of the TSI created European specification referred place to undergo. An interoperability constituent coated under such a procedure proves to be compliant or use suitable, this is by the body which has performed the conformity or use suitability process to hold a certificate. The certificate establishes the rebuttable presumption that the interoperability constituent meets the essential requirements concerning them.

(2) a TSI is not adopted, is to assess the conformity or suitability for use of an interoperability constituent with the essential requirements relating to them on the basis of existing, relevant European specifications. Also no relevant European specifications are available, is so to assess the conformity or suitability for use of an interoperability constituent with the essential requirements relating to them on the basis of common standards and technical specifications.

(3) the Federal Minister for transport, innovation and technology has an each updated list of referred to in paragraph 2 to be applied common standards and technical specifications in the Internet on the website of the Federal Ministry for transport, innovation and technology to publish."

63. paragraph 115 paragraph 1:



"(1) for an interoperability constituent is a declaration to exhibit, which has to comply with the annex IV of to Directive 2001/16/EC on the interoperability of the conventional rail system by the manufacturer or his authorised representative established in the community." While the TSI provisions relating the interoperability constituent including European specifications created in execution of a TSI shall apply; No relevant TSI exists, relevant European specifications are to apply; even those are not available, the common standards and technical specifications are to be applied."

64. paragraph 2 deleted § 115.

65. paragraph 117:





§ 117. Part systems refers to the Division of the trans-European conventional rail system into structural or functional subsystems referred to in annex II of to Directive 2001/16/EC on the interoperability of the conventional rail system."

66. § 118 paragraph 2 No. 1 is:



"1. a building permit, a type approval and an operating permit for a structural part system in addition to other approval requirements only under the condition to grant, that it complies with the basic requirements on the basis of the common technical requirements and has" 67. The following paragraph 3 is added to § 118:



"(3) the Federal Minister for transport, innovation and technology has also the sites of legal acts in the official journal of the European Union, adopt the TSI on the Internet and, if the time of their in force not anyway even evident from these acts, to make known the time of their in force."

68. in section 119 paragraph 1, the word "Resources" replaced by the word "Rolling stock" and is is the No. 1:



1. for projects to the construction of a main or branch line as well as major projects for the renewal or upgrading of existing or branch lines, which are in an advanced stage of development at the time of the publication of the TSI concerned or which are subject to a contract in the implementation;"

69. in the section 119 paragraph 1 does not apply the Z 5 and the semicolon is replaced in the Z 4 with a point.

70th in the article 119, paragraph 2, the phrase "Nos. 2, 3 and 5" is replaced by the phrase "Nos. 2 and 3".

71. in the section 120 para 1 eliminates the word "trans-European" and "Driving resources register" is replaced by the word "Rolling stock register".

72. the heading before section 122 is as follows:



"3. main piece

Registers of infrastructure and rolling stock

Contents of register"

73. first sentence reads § 122:



"For the under the first and second main section falling main lines, branch lines and rolling stock, the railway infrastructure companies and the railway companies, and other companies have, the such rail vehicles for transport to provide to create a register of infrastructure and a register of rolling stock."

74. paragraph 123:





section 123. The rolling stock and infrastructure registers are to publish on the Internet and update it every year. MbH, free of charge two copies of this register, as well as their annual updates are a rail infrastructure services society to present. A copy of this register, as well as the annual updating has mbH to deliver the rail infrastructure services company of the European Railway Agency."

75. According to article 123, 123a following sections are inserted until 123 c together with the heading:



"4. main piece

Vehicle register

Establishment and management



section 123a. The rail infrastructure services company mbH has to build a setting register for the detection of all in operation, covered by the 8th part of rail vehicles and to lead. She has to assign an alphanumeric code to the vehicles covered by the register. This rail vehicles are by railway transport companies and other companies that provide such rail vehicles for transport, to log on to the entry in the register and to the assignment of alphanumeric codes.

Content



section 123 b. The settings tab has the common specifications, which are set para. 2 of the directives 96/48/EC and 2001/16/EC in proceedings pursuant to article 21, to comply with.

Access to data



§ 123c. The rail infrastructure Dienstleistungsgesellschaft mbH has arrangements to meet that gains access to the data contained in the register:



1. the Federal Minister for transport, innovation and technology;

"2. when Glaubhaftmachung of a legitimate interest other, such as in particular the European Railway Agency, Schienen-control GmbH and railway infrastructure company."

76. in article 124 paragraph 1 be the quote "sections 38 to 44" by the quote "sections 42, 43, 46-47 b" and the quote "sections 46 and 49" by the quote "sections 47 c and 49" replaced.

77. paragraph 124 paragraph 2:



"(2) an administrative offence commits and is for that purpose by the district administrative authority fined to punish with up to 2 180 euro, who"



1 contrary to section 21a regulates behavior including the training of railway staff not through general orders, 2. violates section 22 par. 2 published fares and schedules in a timely manner prior to its force, 3. contrary to article 22, paragraph 5 known makes the information required to calculate the transport prices as well as the substantive provisions of the conditions of carriage not by posting them in a suitable position, 4. contrary to article 25 without the required approval sells a public railway or parts of a public railway or leased as well as the whole or part of the Operation of a public railway or otherwise leaves parts of a public railway or otherwise leaves the settlement of transactions on a public railway or on parts of a public railway, 5. contrary to section 26 of the authority any necessary information, shall submit all business records, books and other documents to review and audit the Authority organs or leads not to book over business operations ", that the authority at any time the findings necessary for the exercise of their functions can be found, 6. violates article 37c par. 3 a safety certificate part A and B, or a safety certificate part B not unsolicited the authority back, 7 violates article not unsolicited reset 38 c para 2 a safety authorisation of the authority, or adopted regulations contrary to is in accordance with § 19 para 4 and 5, and section 47 c 8 against the provisions."


78. section 124 para 5 No. 1 replaces the phrase "Police or gendarmerie services" by the word "Police".

79. in article 124 paragraph 6, the introductory phrase is:



"The Federal Police Directorate and the organs of the Federal Police have on the enforcement of § 43 para 1, 46, 47 para 1, 47a and 47B, on the basis of § § 47 c and 49 provisions adopted by regulation and article IX paragraph 1 Z to join 5 IX by"

80. paragraph 125:





section 125. Commits an administrative offence and is for that purpose by the district administrative authority fined to punish with up to 7 000 euro, who



1. a public railway without that one a permission marketing authorisation according to article 41 adjustment program or grant, a transport licence or a permit pursuant to clause 17 provides railway services without this necessary concession, marketing authorisation, required licence or a non-public railway without the requisite authorization builds or operates, 2., 3. contrary to § 19a railroad layouts, resources including the rolling stock and other equipment not regularly recurring check can be or not submit the authority to issue Prüfbescheinigung , 4. contrary to article 19 (b) officially imposed measures contravenes or resumes operation when officially imposed for security reasons without official approval, 5. contrary to section 21 ordered no Manager or at least an alternate for the plant manager, 6 contrary to section 29 does not allow on a continuously operating default railway or continuously operating default parts of a railway;

7. contrary to section 29 para 4 buildings or equipment does not allow up.

8 contrary to section 30, no railway supervisors determined or whose dismissal the authority does not display, a railway or a non-fixed railway technical backup facility without the required for that purpose railway construction permit to build 9 or changed, a railway or a non-fixed railway technical backup facility without the required for that purpose operating permit in operation takes 10, 11 takes a rail vehicle without the for that purpose required approval in operation;

12. a rail vehicle violates article takes 32 c to transportation in general people, luggage or travel in operation, a rail vehicle without the required for that purpose operating permit in operation takes 13, a rail vehicle on such railways in operation takes 14 which are covered not by the type-approval exerts a 15 contrary to section 37 without a safety certificate part A and B or safety certificate part B access to main lines or networked branch lines.

paragraph 2 does not comply with 16 of the reporting obligations pursuant to § 37 c, or 17 contrary to section 38 without the security permission operates lines or networked branch lines or to the operation of such railways operates rail vehicles."

81. in the § 126 section 4, points 3 and 4 are eliminated.

82nd are in the article 127, paragraph 2 the word "Vehicle registration" by the word "Rolling stock register" and the phrase "the Federal Minister for transport, innovation and technology" by the phrase "the rail infrastructure services company mbH" replaces and eliminates the phrase "as a railway infrastructure company or railway company".

83. the heading before section 130 is as follows:



"2. main piece

Relation to other legislation, references

Relationship with other provisions of the law"

84. paragraph 2 to 5 and 8 to 10 accounts for § 130; in paragraph 7, the outline label (7) is eliminated.

85. According to section 130 the following § 130a and heading shall be inserted:



"Referring to acts of the European Community



§ 130a. Following the European Community acts are implemented by this federal law:



1. Directive 91/440/EEC on the development of railway undertakings in the community, OJ No. L 237 of the 24.08.1991 p. 25, as last amended by Directive 2004/51/EC, OJ No. L 164 of 30.04.2004 p. 164;

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

3. Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, OJ No. L 75, the 15.03.2001 p. 29, as amended by Directive 2004/49/EC, OJ No. L 164 of 30.04.2004 p. 44;

4. Directive 96/48/EC on the interoperability of the trans-European high-speed rail system, OJ No. L 235 of the 17.09.1996 S. 06 as amended by Directive 2004/50/EC, OJ No. L 164 of the Reuters S. 114;

5. Directive 2001/16/EC on the interoperability of the conventional rail system, OJ No. L 110 of the gryfia S. 01 as amended by Directive 2004/50/EC, OJ No. L 164 of the Reuters S. 114;

6. Directive 2004/49/EC on rail safety in the community and amending Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity, the levying of charges for the use of railway infrastructure and safety certification, OJ "No. L 164 of 30.04.2004 p. 44."

86. paragraph 131 together with the heading:



"References



131. (1) where other federal legislation is referenced in this federal law provisions, is to understand the reference to the current version.

(2) as far as this federal law of Directive 96/48/EC on the interoperability of the trans-European high speed rail system refers to the annexes, these are amended by Directive 2004/50/EC apply.

(3) where in this federal law of Directive 2001/16/EC on the interoperability of the conventional rail system refers to the annexes, these are amended by Directive 2004/50/EC to apply."

87. under section 131, the following article 131a and heading shall be inserted:



"Personal labels



§ 131a. All personal names used in this federal law apply equally to persons of both male and female sex."

88. the paragraph heading to section 132 is as follows:



"Transitional provisions to the Federal Act Federal Law Gazette No. 60/1957"

89. in the article 132, paragraph 1, the phrase "Entry into force of this federal law" by the phrase is "in force of the Federal Act Federal Law Gazette No. 60/1957" replaced.

90. paragraph 132 sec. 2:



"(2) the regulations adopted on the basis of this Federal Act shall apply on condition that the security and order of the operation of the railroad, the operation of rolling stock on the railway and the traffic on the railway is maintained on existing railways only insofar as the thereby changes cause no excessive costs."

91. paragraph 5 deleted § 132.

92. in paragraph 133, the paragraph 2, 3, 4, 5, 8, 9, 10 and 11 are eliminated.

93. According to article 133, the following article 133a including heading shall be inserted:



"Transitional provisions to the Federal Act Federal Law Gazette I no. 125/2006"



section 133a. (1) at the time of the announcement of the Federal Act Federal Law Gazette I granted permits entitle No. 125/2006 to the construction and the operation of a non-public railway continues to the provision of rail transport services on the railways designated in the permit.

(2) § is 57 No. 4 on railway company with the seat in the Swiss Confederation, working not only on the urban, suburban or regional transport is limited to apply only to the extent in which reciprocity is guaranteed. There is no reciprocity, it is only access to main and networked branch lines railway undertakings established in the Swiss Confederation



1. for the provision of railway services in the cross-border freight transport and 2 for the provision of other cross-border rail transport services freight combined discriminatory to give.

(3) section 58 is on rail transport company based in the Swiss Confederation, working not only on the urban, suburban or regional transport is limited to apply only to the extent, in the the reciprocity is guaranteed.

(4) until the expiry of the 31 December 2006, article 57 is Z apply 4 with the proviso, that railway undertakings are entitled access based in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation only for the provision of cross-border rail transport services in the transport of goods.


(5) before the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 125/2006 by the railway infrastructure company for railway undertakings with seat in Austria indefinite or of the expiry of December of 31 2010 beyond limit issued safety certificates apply, so they are not previously extracted up to the expiry of the 31 December 2010 as safety certificates part A and B. Before the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 125/2006 of railways infrastructure for railway undertakings established in Austria with a safety certificates issued do not have limitation detailed the end of 31 December 2010, apply, so they are not previously extracted until the expiry of this time limit as safety certificates part A and B. If six months before the expiry of the time limit a request to issue a safety certificate part A and B at the Federal Ministry for transport, innovation and technology was introduced the safety certificate, such security certificates shall the expiration of the December 31, 2010 as safety certificates part A and B, as on this proposal was not decided, so they are not previously extracted as long as about the time limit addition, at the latest however up to.

(6) before the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 125/2006 of railway infrastructure company railway undertakings established in another Member State of the European Union, in another party of the agreement on the European economic area or the Swiss Confederation apply to security certificates issued, so they not previously withdrawn, until the expiry of their term, but no longer than until the end of December 31, 2010 , as safety certificate part B. Before the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 125/2006 for such railway companies in its state of residence apply issued security certificates, so they are not previously extracted until the expiry of their term, but no longer than until the end of December 31, 2010, the rest as proof of a safety certificate part A and B.

(7) until the end of June 30, 2008 granted operating permits are considered for the commissioning of main lines and networked branch lines as well as their changes safety authorisation within the meaning of section 38.

(8) that before the end of the day of the announcement of the Federal law of 125/2006 and in the transitional period in accordance with paragraph 14 for buildings or structures issued licences according to § 36 para 2 as amended before the entry into force of section 31 as amended by Federal Law Gazette I no. 125 / 2006 are considered issued railway legal building permits.

(9) that before the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 125 / 2006 and in § 36 para 3 as previously amended approvals granted to the transitional period referred to in paragraph 14 in individual cases for railway safety equipment considered legal railway construction authorizations issued and granted pursuant to § 36 para 3 as previously amended are granted type approval on the basis of types of plans for railway safety equipment.

(10) before the end of the day of the announcement of the Federal Act Federal Law Gazette I according to § 36 para 3 as previously amended considered no. 125 / 2006 for rail vehicles approvals granted type approval.

(11) for existing rolling stock, which were made before July 1, 2007 for the transport available, have the railway undertakings, which have been assigned to the rail code, collected mbH to make the data on the rail infrastructure services company. This rail vehicles must not separately are reported to the entry in the register and for the rolling stock of the existing code remains upright up to a possible General or amtswegig modified assignment.

(12) before the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 125 / 2006 for rail vehicles proposed to the approval according to § 36 para 3 as amended so far considered applications for component type approval. Contrary to § 32a, no opinion must be given in such applications.

(13) that I has no. 125 / 2006 prescribed periodic inspection according to § 19a in the version of Federal Law Gazette for railway undertakings, which have already existed before April 1, 2002, to be carried out for the first time at the latest until the end of December 31, 2008. For railway undertakings, between 1 April 2002 and I no. 125/2006 are the entry into force of article 19a in the version of Federal Law Gazette, regularly periodic inspection for the first time and no later than five years after the end of the day of the operation opening must be made; This time is prior to the expiry of the December 31, 2008, the regularly scheduled check has to be only until the end of December 31, 2008.

(14) that are at the end of the day of the announcement of the Federal Act Federal Law Gazette No. 125 / 2006 pending administrative procedures according to the previous provisions to continue I. This does not apply for following, at this time pending administrative proceedings:



1. administrative procedures for rolling stock to the approval on the basis of plans of types of or in some cases according to § 36 para 3 as previously amended;

2. administrative procedures for the granting of approval according to § 36 para 3 as previously amended for railway equipment on the basis of plans of types of or in a particular case, unless it is railway safety equipment; If it is not to railroad safety equipment, are these administrative procedures administrative decision to make;

3. administrative procedures for the granting of approval for non-public railways according to §§ 51 and 52 in the previous version.

(15) that carry no. 125 / 2006 pending administrative procedures I with expiration of the day of the announcement of the Federal Act Federal Law Gazette by way of derogation of paragraph 14 according to the the Federal Act Federal Law Gazette I no. 125 / 2006 created provisions, if requested by the consignors of the procedure initiating application.

(16) I granted at the end of the day of the announcement of the Federal Act Federal Law Gazette No. 125/2006 for a construction project already rail-legal building permit according to § 36 para 1 as previously amended, and would still permits in accordance with article 36, paragraph 2, in accordance with § 36 para 2 and 3, or according to § 36 para 3, all as previously amended the existing legislation , required, so a railway legal building permit according to § 31 is required for by already existing railway legal building permit for a such construction projects not or not fully covered railway tracks or railway safety equipment.

(17) sections 39 c and 39 para 1 Nos. 1 and 3 are not applicable prior to the adoption of common safety targets and relevant parts of the common safety methods. Up to the in force Community regulations for the safety management system in the sense of the 10 main piece of the 3rd part, railway undertakings have headquartered in Austria and railway infrastructure company quality or safety management systems to implement, comply with the relevant European standards (for example, ÖNORM EN ISO series 9000, ÖNORM EN 13816), and to certify them. Such quality and safety management systems be equal these terms up to the in force Community regulations for the safety management system in the sense of the 10 main piece of the 3 part a certified safety management system.

(18) § 36 para 1 is also on those before the end of the day of the announcement of the Federal Act Federal Law Gazette I apply no. 125 / 2006 buildings, changes and erosion, that at the time of its implementation contrary to the provisions of this Federal Act no railway construction permit has been granted, even if they are not executed under the direction of a person included in the directory according to § 40.

(19) the with expiration of the day of the announcement of the Federal Act Federal Law Gazette I no. 125/2006 by the authority under section 43 paragraph 7 as previously amended apply set use permits or conditions as and conditions prescribed by the railway undertakings.

(20) a search of of prospective buyer results for the continued operation of a railway or track part of thereof which are available before the end of May 31, 2008, can be used for making an application after that date to the proof of the futility of the effort.

(21) up to the force of sections 28 and 29 as amended by Federal Law Gazette I no. 125/2006 is to apply section 29 as amended before the entry into force of these two paragraphs.

94 the following paragraph 7 is added to § the 135:



"123 c with headings in the version of Federal Law Gazette I no. 125/2006 apply (7) §§ 123a with July 1, 2007. I no. 125/2006 the sections 28 and 29 in the version of Federal Law Gazette 1 June 2008 into effect."

95th the following table of contents is preceded by the part 1:



"Table of contents


1 part: definitions article 1 railways


section 1a.
§ 1 company b. railway undertakings section 1 c.
Integrated railway undertakings section 1 d.
International grouping section 1e.
Urban and suburban section 1f. Regional Services section 1 g.
International freight transport § 2. public railways § 3 non-public railways § 4. main lines, branch lines § 5 trams § 7 sidings § 8 webs § 9 common safety methods section 9a.
Common safety targets article 9 b. section 10 State of the art railroad section 10a.
Rail infrastructure 2. part: responsibilities and duties of the railway authorities § 11 decision on preliminary issues § 12 authority jurisdiction section 13 authority tasks § 13a.
Annual report § 13 b. 3. safety recommendations part: construction and operation of railways, construction and operation of rail vehicles on railways and transport on railways 1 main piece: concession § 14 necessity of concession section 14a.
Concession procedure § 14 b. operation opening period, concession period § 14 c.
Purchase a railway section 14 d.
Extension of the concession period section 14e.
Concession withdrawal section 14f. go out the concession 2. showpiece: marketing authorisation § 15 necessity of marketing authorisation section 15a.
Documentation requirements section 15 on the application of article 15 b. c.
Reliability § 15 d.
Financial performance section 15e.
Professional competence section 15f. decision compulsory section 15 g.
Traffic opening period § 15 h.
Checks § 15i. withdrawal, restriction § 15j.
Reporting obligations § 15 k.
Go out the marketing authorisation 3. main piece: road concession § 16 necessity of transport concession section 16a.
Subject to the application of section 16 conditions § 16 b. c.
Traffic opening period section 16 d.
Checks Section 16e.
Withdrawal, restriction section 16f. go out the transport concession 4 main units: approval for non-public railways § 17 necessity of approval section 17a.
Approval procedure § 17 b. transport, limited public transport 5 main piece: rights of the railway undertaking § 18 construction and operating rights § 18a.
Protection against not reasonable intention of article 18 b. expropriation law § 18 c.
Tolerating rights § 18 d.
Rail replacement services 6 main piece: obligations of the railway company § 19 precautions § 19a.
Periodic checks of § 19 b. setting reasons section 19 c.
Reporting on accidents and incidents § 20 transport systems, water courses section 20a.
Enclosures, shelters § 21 Manager § 21a.
General arrangements of railway servants § 22 fare, timetable, § 23 direct clearance, continuous tariff § 24 public service § 25 approval acts article 26 obligation of the railway undertaking § 27 facilitation § 28 setting because of economic unacceptability section 29 conveyance of railway § 30 railway supervisors 7 main piece: construction, modification and commissioning of railway, not stationary railway safety equipment and commissioning of railway vehicles 1 section: Eisenbahnrechtliche building permit § 31 necessity of a railway construction licence § 31a.
Application of article 31 b. construction design § 31 c.
Oral proceedings § 31d.
Touched § 31e interests.
Parties section 31f. approval requirements section 31 g.
Construction deadline 2. section: type-approval 1 subsection: rail vehicles § 32. necessity of a type-approval in section 32a.
Application of § 32 2B. permit requirements § 32 c.
Permissions section 32d.
Limitation in the type-approval in section 32e.
Temporary testing of rolling stock under section 2: railway modern technical facilities § 33. admissibility of a type-approval in section 33a.
Application of section 33 b. approval requirements § 33 c.
Sunset in the component type-approval 3. section: operating permit § 34. necessity of operating permit section 34a.
Connection with other permits section 34 b. application section 35 granting of the operating permit 4. section: permit free projects § 36.
 

8 main piece: security certificate § 37. need for a safety certificate § 37a.
Arrangements of the rail transport undertaking § 37 b. issuing certificates § 37 c.
Withdrawal of certificates of § 37d.
Reporting obligations 9 main piece: safety authorisation § 38. need for a safety authorisation section 38a.
Proof of provision of railway infrastructure company section 38 b. exhibition of the safety authorisation section 38 c.
Safety authorisation § 38d.
Reporting obligations 10 main piece: safety management systems, safety report § 39. introduction of a safety management system article 39a.
Purpose of the safety management system section 39 b. essential elements of the safety management system § 39 c.
Certification of the safety management system section 39B.
Security report 11 main piece: other § 40. directory of railway technical areas of expertise section 40a.
Work § 40 b. redemption right of Federal § 41. foreign acts 3a. Part: riparian provisions, behavior of railroad 1 main piece: riparian provisions § 42. ban construction § 43. danger area section 43a.
Fire area § 44. Elimination of verbotswidrigen State § 45. Elimination occurring hazards 2. showpiece: behave within the railway tracks and in rail vehicles § 46. behavior within the railway premises § 47. Enter hiefür not certain points of railway Section 47a.
Use of non-public railway transitions section 47 b. railway use end 3rd main piece: Miscellaneous section 47 c.
Legislation 4. part: crossings with roads, railway transitions 1 main piece: structural transformation of roads § 48. arrangement of structural transformation 2. main piece: Schienengleiche railway transitions § 49. backup and behavior approach and translation 3. showpiece: sidings, § 50 webs.
 

5 part: Linkage of railways section 53a.
Connection and shared use of article 53 b. treatment of connection and shared use desire § 53 c.
Complaint to the rail Control Commission section 53d.
Submission of contracts § 53e.
Coercive measures section 53f. competition supervisory 6 part: regulation of the rail transport market, 1 main piece: General § 54. purpose § 55. segregation measures 2. showpiece: access to the rail infrastructure of the main and branch lines 1 section: General § 56. access to the rail infrastructure § 57. beneficiaries § 57a.
Requirements for beneficiaries § 58. other services § 59. network terms and conditions § 59a.
General terms and conditions section 59 b. reservation fees § 60. suspension of train paths § 62. allocation body 2. section: allocation of train paths § 63. allocation principles § 64. regulatory framework § 64a.
Cooperation between the allocation body § 65 network timetable compilation § 65a.
Infrastructure capacity for regular maintenance section 65 b. coordination procedure § 65 c.
Overloaded rail infrastructure § 65d.
Capacity analysis section 65e.
Plan to increase infrastructure capacity § 66. special measures for errors section 3: use fees and other payments § 67. rules for the determination of the use fees § 68. fixing the use fees § 68a.
Negotiations on the amount of use fee § 69. collection of use fees § 70. other fees 4 section: treatment of desire, complaint, competition authority section 70a.
Legal form of § 71. treatment of assignment and performance desires § 72. appeal against the allocation body § 73. complaint against a railway section 73a.
Template contracts and instruments § 74. competition supervisory section 74a.
Information obligations § 75. coercive 6a. Part of: Access on other railways 75a.
Beneficiaries on other railways section 75 b. voluntarily granted an access 6B. part: training facilities section 75 c.
Access to training facilities § 75 d.
Examination, evidence § 75e.
Complaint to the rail Control Commission 7 part: regulators 1 main piece: Schienen-control GmbH § 76. establishment of Schienen-control GmbH § 77. tasks of Schienen-control GmbH § 78. procedures, appeal section 78a.
Complaints section 78 b. activity report § 79 supervisory § 80. effort of Schienen-control GmbH 2. main piece: Schienen-Control Commission § 81. establishment of Schienen-Control Commission § 82. composition of Schienen-Control Commission § 83. resolutions and rules of procedure § 84. procedural rules, appeal § 85. costs and compensation of members 8 part: interoperability 1 main piece: 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 (TSIs) § 90a.
Conversion article 90 b. renewal § 91. notified bodies § 92. basic requirements section 92a.
Provision of data 2. section: interoperability constituents § 93. definition § 94. in marketing § 95. assessment of the conformity or the suitability for use of article 96 Article 97 EC declaration.

Incorrect Declaration of 3. section: subsystems § 98. definition § 99. compliance with the essential requirements § 100 non-application of the TSI § 101. EC declaration of verification § 102. EC verification 2. main piece: interoperability - conventional trans-European railway system 1 section: General § 103. purpose § 104. conventional Austrian railway system § 105. interoperability § 106. technical specifications for interoperability (TSIs) § 107. conversion § 108. renewal § 109. notified bodies § 110. basic requirements § 111. provision of data 2. section: interoperability constituents § 112. definition § 113. in marketing § 114. assessment of the conformity or the suitability for use of § 115. EC declaration of § 116. incorrect Declaration of 3 section : Subsystems § 117. definition § 118. compliance with the essential requirements § 119. non-application of the TSI § 120. EC declaration of verification § 121. EC verification 3. main piece: registers of infrastructure and rolling stock § 122. contents of the register § 123. publication of the register 4. showpiece: setting register section 123a.
Establishment and management section 123 b. contents § 123c.
Access to data 9 part: final provisions 1 main piece: penalties, managers order section 124.
 

section 125.
 

§ 126.
 

section 127.
 

section 128.
 

2. main piece: relation to other legislation, references § 130. relationship with other legal provisions § 130a.
Reference to European Community act § 131. references § 131a.
3. personal names main piece: transitional provisions, enforcement, in force, except force § 132. transitional provisions to the Federal law BGBl. No. 60 / 1957 § 133. transitional provisions to the Federal Act Federal Law Gazette I no. 38/2004 article 133a.
"Transitional provisions to the Federal Act Federal Law Gazette I no. 125/2006 § 134. enforcement § 135. in force, except force" article 2

Change of Bundesbahngesetzes

The Bundesbahn, Federal Law Gazette No. 825/1992, as last amended by Federal Law Gazette I no. 80/2005 is amended as follows:

1 § 4 para 1 No. 2 is:



"2. the restructuring of the Austrian federal railways on the basis of this federal law in the version of Federal Law Gazette I no. 138/2003;"

2. paragraph 31:





§ 31 tasks of ÖBB-Infrastruktur Bau AG is in particular the planning and construction (including replacement investments, insofar as they go beyond maintenance or repair) of rail infrastructure, including projects by it in the context the construction of high-performance lines, the planning and the and project parts, where for the latter, the costs borne by third parties is ensured, as well as the provision of rail infrastructure and installations and facilities in accordance with § 35 and operating the rail infrastructure systems and facilities ", which must not be delivered pursuant to § 35 available."

3. in the section 35, paragraph 1, the point is replaced by a semicolon and added:



"while the prioritization of investments to maintain the security and order operation of rail infrastructure systems and facilities responsibility of ÖBB-Infrastruktur operating AG."

4. § 51 para 2 the following sentence is added:



"Insofar as it operates rail infrastructure together with the equipment and facilities not provided pursuant to § 35 available, it applies a railway."

5. after § 51a, the following section is inserted 51 b, together with the heading:



"Observation of supervisory board meetings



Article 51 b. The rail infrastructure services company mbH is entitled to send one ordered officials to such meetings of the Supervisory Board of ÖBB-Infrastruktur Bau AG and operating ÖBB-Infrastruktur AG, in which objects are treated, whose Wahrnehmung mbH is the statutory remit of the rail infrastructure services company on a proposal from the Board of management of rail infrastructure services company mbH by the Federal Ministry of transport, innovation and technology."

6 in section 54 paragraph 7, the number "18" by the number "30" is replaced.

Article 3

Amendment of the Federal law establishing a "Brenner base tunnel Corporation"

The Federal law establishing a "Brenner base tunnel Corporation", Federal Law Gazette I no. 87/2004, amended by Federal Law Gazette I no. 163/2005, is amended as follows:

§ 5 together with the heading is as follows:



"Sale of shares of the Federal



§ 5. The Federal Minister for transport, innovation and technology is authorized in the agreement with the Federal Minister of finance, without prejudice to the company's shares of Tyrol of the ÖBB-Infrastruktur Bau AG and operating ÖBB-Infrastruktur AG to sell shares of the Federation at the Galleria of the base del Brennero - Brenner base tunnel BBT SE."

Fischer

Bowl

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