Machine Translation of "Amend The Railway Act 1957, Of Bundesbahngesetzes And Of The Federal Law Establishing A "brenner Base Tunnel Corporation..." (Austria)

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, with which the Railway Act 1957, the Federal Railways Act and the Federal Act on the Establishment of a "Brenner Base Tunnel Aktiengesellschaft" are amended

The National Council has decided:

Article 1

Amendment of the Railway Act 1957

The Railways Act 1957, BGBl. N ° 60, as last amended by the Federal Law BGBl. I No 163/2005 is amended as follows:

1. The title of the law is:

"Federal Act on Railways, Rail Vehicles on Railways and the Transport on Railways (Railway Act 1957-EisbG)"

2. Section 1 (2) is deleted; § 1 (1) (1) does not include the term of the outline "(1)" and will be in its Z 2 lit. (b) replace the line point with one point.

(3) In § 1a, the word shall be: "Driving equipment" by the word "Rail vehicles" replaced.

4. § 1b together with the headline is:

" Railway Undertaking

§ 1b. A railway undertaking shall be a railway undertaking which provides rail transport services on the railway infrastructure of main railways or connected interconnects, and shall ensure traction, including those which only apply to: provide traction, and which has been granted a traffic permit, a traffic concession or a permit or authorisation to be granted for a licence in accordance with section 41. "

§ § 1e to 1g together with headings are:

" City and suburban transport

§ 1e. Urban and suburban transport is the traffic that covers the transport needs of a city area or a conurbations area, as well as the traffic requirements between a city area or conurbations area and the surrounding area.

Regional transport

§ 1f. Regional transport is the transport sector which covers the transport needs of a region.

International freight transport

§ 1g. International freight transport is the traffic on which the train is at least one frontier of a Member State of the European Union, a contracting party to the Agreement on the European Economic Area or the Swiss Confederation The train can be extended and/or divided, and the different train sections may have different departure and destination locations, provided that all rail vehicles cross at least one border. "

6. § 5 (1) and (2) are:

" (1) Trams are intended for public transport within a given site (trams), namely:


1.	road-dependent railways,
a)		whose constructional and operational facilities are at least partly located in the public transport area; and
b)		on which rail vehicles at least partially use the public road traffic area and adapt to the mode of operation of road transport;
2.	road-independent trains, on which rail vehicles operate exclusively on their own railway bodies, such as high and underground railways, suspended railways or similar types of special design.

(2) Railways shall be considered to be a tramway for public transport between a number of neighbouring localities if, as a result of their construction or operational facilities or the nature of the traffic to be handled on them, they are essentially of the local road. "

7. In § 7, the word "Driving equipment" by the word "Rail vehicles" replaced.

7a. In § 8 (2) the parenthesis is deleted "(§ 51 (4))" .

8. According to § 8, the following § § 9, 9a and 9b are inserted:

" Common security methods

§ 9. Common safety methods adopted by the European Commission are methods for describing the way in which the following are evaluated:


1.	the existing level of security
a)		for the construction and operation of main and networked runways;
b)		for the operation of rail vehicles on such railways;
c)		for the transport of such railways;
2.	the achievement of the common security objectives
a)		for the construction and operation of main and networked runways;
b)		for the operation of rail vehicles on such railways;
c)		for the transport of such railways;
3.	the existing requirements for safety
a)		the operation of main and networked runways;
b)		the operation of rail vehicles on such railways;
c)		of traffic on such railways.

Common security objectives

§ 9a. The common safety objectives adopted by the European Commission are the description of the level of safety, which must be at least achieved:


1.		for the construction and operation of main and networked runways;
2.		for the operation of rail vehicles on such railways;
3.		for the traffic on such railways.

State of the art

§ 9b. The state of the art within the meaning of this federal law is the state of development of advanced technological processes, facilities, construction and operations, which are based on the relevant scientific findings, and Functional strength has been proven and tested. In the determination of the state of the art, in particular, comparable methods, facilities, construction or operating modes shall be used and the proportionality between the expenditure for the required operating mode shall be: the technical measures and the benefits to be protected in each case for the interests to be protected. "

9. § 10 together with headline reads:

" Railways

§ 10. Railway installations are buildings, stationary railway safety installations and land which are wholly or partly, directly or indirectly, the processing or securing of the operation of a railway, the operation of rail vehicles of a railway or of transport on a railway. There is no need for a spatial relationship with the rail infrastructure. "

10. § 10a together with headline reads:

" Rail Infrastructure

§ 10a. Rail infrastructure comprises the Annex 1, Part A, of Commission Regulation (EEC) No 2598/70 of 18 December 1970 laying down the content of the various headings of the accounts of Annex I to Regulation (EEC) No 1108/70, 1. No. OJ L 278, 23.12.1970, p. 1.

11. In § 11, the parenthesis shall be "(Section 51 (3))" by the parenthesis expression "(Section 17b (2))" , the parenthesis "(§ 51 (4))" by the parenthesis expression "(Section 17b (3))" and the quote "§ 18 (4)" by quoting "§ 18c" replaced.

12. § 12 (1) to (3) are:

" (1) Unless the Federal Minister of Transport, Innovation and Technology, the Governor of the Federal Republic of Germany or the regulatory authorities are responsible for this federal law, the District Administrative Authority shall be the authority responsible for:


1.		all matters relating to non-public railways, including transport on non-public railways;
2.		the decision on applications for component type-approval, applications pursuant to Section 32d and applications for the granting of the operating licence, in each case for rail vehicles intended solely for the operation of non-public railways ; the local competence shall be determined by the principal residence (seat) of the applicant;
3.		the decision on applications for component type-approval and applications in accordance with Section 33c, each for railway-safety installations which are solely responsible for the operation of a non-public railway or on the market non-public railways; the local competence shall be determined by the principal residence (seat) of the applicant;
4.		the decision on applications pursuant to section 21 (6) and the matters of section 21 (8) of such railway undertakings, which operate exclusively non-public railway companies.

(2) As far as the Federal Minister of Transport, Innovation and Technology or the regulatory authorities do not have the responsibility of the Federal Minister for Transport, Innovation and Technology, the Landeshauptmann shall be the authority responsible for:


1.		all other side-rail matters, including transport on non-connected side-tracks;
2.		all matters relating to trams, including road transport;
3.		the decision on applications for the construction permit of the railway industry, on applications pursuant to § 31g and on applications for the granting of the operating licence, in each case for railway installations or non-stationary railway safety engineering Facilities which, in addition to the operation of a secondary railway or tramway or the traffic on a runway or tramway, also operate on a non-public railway or on a non-public railway, but not on the the operation of the main railways or the traffic on the main railways;
4.		the decision on applications for component type-approval, applications pursuant to Section 32d and applications for the granting of the operating licence, in each case for rail vehicles, both for operation on secondary railways or trams, and on the basis of the operation on non-public railways, but not intended for use on main railway lines; the local authority shall be determined by the principal residence (seat) of the applicant;
5.		the decision on applications for component type-approval and applications pursuant to section 33c, each for railway safety installations which, in addition to the operation of a secondary railway or the transport on a secondary railway, also operates a non-public railways, but not the operation of the main railway or the main railway traffic; the local authority shall be based on the principal residence (seat) of the applicant;
6.		the decision on applications pursuant to section 21 (6) and the matters of section 21 (8) of such railway undertakings, which operate both subways or trams, as well as non-public railways, but not main railways.
7.		the In-Eid-Nahme or the empowerment of the In-Eid-Nahme of railway inspectorates of such railway undertakings operating exclusively side-by-side or trams. "

(3) The Federal Minister for Transport, Innovation and Technology is responsible as the authority for:


1.	all matters of the main railways;
2.	the following issues of interconnected trams:
a)		the decision on applications pursuant to § § 14a, 14c, 14d, § 21a (3), § 25 and § 28 (1);
b)		the declaration in accordance with section 28 (6);
c)		the withdrawal of the concession pursuant to § 14e;
3.	the following issues of non-connected trams:
a)		the decision on applications pursuant to § § 14a, 14c, 14d and § 28 (1);
b)		the declaration in accordance with section 28 (6);
c)		Withdrawal of the concession pursuant to § 14e;
4.	the following matters concerning railway undertakings:
a)		Decision on applications pursuant to § 21 (6) and § 21a (3);
b)		for the matters regulated in Sections 13 (2), 19a, 19b (2), 21 (8), (8), (22) (4) and (7), (26), (27) and (30) (2);
5.	the following matters relating to railway infrastructure undertakings operating both main railways and connected secondary railways:
a)		exhibition, re-exhibition and the withdrawal of security permits;
b)		Notice pursuant to § 38d;
6.	the decision on applications for the construction permit of the railway industry, on applications pursuant to § 31g and on applications for the granting of the operating licence, in each case for railway installations or non-stationary railway safety engineering equipment which, in addition to the operation of or traffic on a main railway, is also used for the operation of or traffic on a secondary railway, a tramway or a non-public railway;
7.	the decision on applications for component type-approval, applications pursuant to § 32d and applications for operating licences, each for rail vehicles, both for the operation on main railways and for the operation of secondary railways, Trams or non-public railways are intended;
8.	the decision on applications for component type-approval and applications pursuant to Section 33c, each for railway-safety installations which, in addition to the operation of a main railway or the transport on a main railway, also operate or transport on a runway, a tram or a non-public railway;
9.	the decision on applications pursuant to section 21 (6) and the matters of section 21 (8) of such railway undertakings, which also operate secondary railways, trams, or non-public railways via the operation of a main railway;
10.	the In-Eid-Nahme or the empowerment of the In-Eid-Nahme of railway inspectorates of such railway undertakings operating on the operation of the main railway lines or trams or trams. "

13. In § 12 para. 4 Z 3, the phrase "§ § 38 and 39" through the phrase "§ § 42 and 43" replaced.

14. § 13 receives the section of the paragraph "Government Tasks" .

15. In § 13 (1), the parenthesis shall be deleted "(Articles 14 and 51)" .

16. § 13 (2) reads:

"(2) The Authority may, for reasons of safety, send technical bodies to monitor the construction and orderly maintenance of railway installations, railway installations and railway vehicles."

17. § 13a together with headline reads:

" Annual Report

§ 13a. (1) The Federal Minister for Transport, Innovation and Technology has for each year a report on its activities in the previous year relating to the operation of main railways and connected side-tracks, the operation of rail vehicles on such Railways and transport on such railways. The annual report shall be published on the Internet website of the Federal Ministry of Transport, Innovation and Technology by 30 September of the calendar year following the year under review and shall be published by the European Railway Agency. ,

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


1.		a compilation of the common safety indicators referred to in Annex I to Directive 2004 /49/EC;
2.		important changes to federal laws and regulations adopted on the basis of federal laws, the scope of which is the subject of the construction or operation of the railways referred to in paragraph 1, the operation of rail vehicles on such railways and the traffic on railways;
3.		developments in the area of safety certification and safety authorisation;
4.		Results and experiences relating to the control of railway infrastructure undertakings and railway undertakings.

(3) The accident investigation site (§ 3 Accident Investigation Act, BGBl. (No 123/2005), the Federal Minister for Transport, Innovation and Technology has the necessary data necessary for the compilation of the common safety indicators for the reference year, by 30 June of the The following calendar year shall be made available in electronic form. "

18. In accordance with § 13a, the following § 13b and title shall be inserted:

" Safety recommendations

§ 13b. To the authority in accordance with the Accident Investigation Act, BGBl. I n ° 123/2005, the safety recommendations addressed by the accident investigation agency shall be the ratio of effort and benefits to be expected from the implementation of appropriate measures. The Authority shall take appropriate account of the safety recommendations in the performance of its tasks. "

19. To replace § § 14 to 47 with transcripts:

" 3. Part

Construction and operation of railroads, construction and operation of rail vehicles on railways and traffic on railways

1. Main item

Concession

Requirement of concession

§ 14. (1) A concession is required:


1.		for the construction and operation of and for the provision of rail transport services on trams and non-cross-linked trams;
2.		for the construction and operation of main railways and interlinked trams;

(2) No concession is required:


1.		for the construction and operation of Germany's own main and cross-linked trams;
2.		for the construction and operation of and for the provision of rail transport services on non-connected national side-railways.

Concession proceedings

§ 14a. (1) The granting of the concession shall be submitted to the Authority. The request shall be made credible that the proposed railway serves the public interests and shall indicate how the necessary funds are to be procured.

(2) The application is a presentation of the construction project, a cost estimate, an economic calculation with traffic estimation, a construction design and a construction and operating program. If a main railway or a secondary railway, which is connected to other main or secondary railways, is the subject of the application, the modalities for access to the railway infrastructure shall also be presented in the application.

(3) The concession may only be granted if the public interest does not conflict or if the public interest in the construction and operation of the planned railway outweighs the conflicting interests (public service of the Railways). Before the concession is granted, the Governor of the Land, if not responsible for himself, and the municipalities that have been locally touched by the planned railway, shall be given an opportunity to comment within the 30 days to give.

Time limit for operation, duration of concession

§ 14b. The concession is to be granted for a certain period of time to be measured in the public interest in the planned railway. This time runs from the day of the operating opening of the first partial section. The concession shall be subject to a reasonable time limit for the opening of the operating licence.

Acquisition of a railway

§ 14c. The acquirer of a public railway shall, upon request, be granted a new concession for the remaining period of the original, provided that the conditions for the award of the concession are fulfilled.

Extension of the concession period

§ 14d. If at the latest six months before the end of the concession period, the concession holder has submitted the request for renewal, the concession holder shall be entitled to this request in so far as it is not public transport interests (such as, in particular, the interest in the uniformity or rationalisation of rail transport, transport volume, length of track or other transport-related economic importance of the railways. If a decision has not been made in good time at the latest three months before the end of the concession period, it shall be deemed to have been extended to one year.

Concession Withdrawal

§ 14e. The authority may withdraw the concession if, in spite of repeated reminders, the concession holder behaves in such a way that the conditions for proper management of the operation of the railway or of the operation of rail vehicles are met on the basis of the Railways are no longer given, thereby significantly affecting the safety of transport on the railways.

Quenchment of the concession

§ 14f. The concession is made up of:


1.		with time lapse;
2.		in the event of non-compliance with the operating opening period fixed in the concession, by declaration of the authority in the event of permanent cessation (Section 28 (6)) or in the case of concession withdrawal;
3.		with the death or other deletion of the legal personality of the concessionary holder.

2. Main piece

Transport authorisation

Requirement of transport authorisation

§ 15. Natural persons residing in Austria, companies based in Austria or legal persons under public law with their registered office in Austria require the provision of rail transport services to Austria. The main railways and interlinked trams and in Member States of the European Union, in the Contracting Parties to the Agreement on the European Economic Area and in the Swiss Confederation of a Transport Authorship.

Documents relating to the application

§ 15a. The Federal Minister of Transport, Innovation and Technology is required to apply for a traffic permit. The application shall be submitted:


1.	information on the nature of the rail transport service envisaged (freight transport/passenger transport);
2.	if the applicant is registered in the company's register, an extract from the company's book, which is not older than three months;
3.	a certificate of criminal record for the applicant; if the applicant is a legal person or a civil society of the commercial law, a certificate of criminal record for his or her pursuant to the law, statutes or social contract for representation or Board Of Directors;
4.	a declaration by the applicant or, if that person is a legal person or a civil society of the commercial law, a declaration of his or her by law, statutes or social contract for representation or management, that has not yet received a legally binding indictance for infringements of the provisions of Section 15c (3) of this Directive;
5.	a declaration by the applicant that there are no significant arrears in taxes or social security contributions due from the company's activities;
6.	an official confirmation that no bankruptcy proceedings have been opened on the applicant's assets, not only because of a lack of cover for the costs of the proceedings;
7.	for the applicant, or if the applicant is a legal person or a civil society of the commercial law, for his or her representation or management pursuant to the law, the statutes or the social contract, which until now has its registered office or A residence in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation, documents according to Z 3 and 6 of the competent authorities of the European Union state;
8.	the annual accounts of the previous financial year; the balance sheet, the opening balance sheet, or the balance sheet for applicants who cannot submit an annual financial statement; a balance sheet; the current management report shall also be included;
a)		the available financial resources, including bank deposits, and pledged overdrapes and loans;
b)		the funds and assets available as security;
c)		the operating capital;
d)		relevant costs, including labour costs or payments for rail vehicles, land, buildings, installations and rolling stock, as well as the financial plan for such costs;
e)		the burden on the operating assets;
9.	an opinion or audit report issued by an auditor or a credit institution, indicating, with reference to the information referred to in Z 8, that the applicant is subject to its current and foreseeable financial obligations will be able to meet with realistic adoption in the next twelve months;
10.	Information on the coverage of liability by insurance or equivalent arrangements for the exercise of access rights.

Requirements

§ 15b. (1) The Federal Minister for Transport, Innovation and Technology shall grant the transport authorisation if the following conditions are met:


1.		No objections to the applicant's reliability (§ 15c);
2.		financial capacity (§ 15d) of the applicant;
3.		professional competence (§ 15e) of the applicant;
4.		adequate coverage of liability by the conclusion of an insurance policy or equivalent arrangements for the exercise of access rights.

(2) These conditions must be met during the entire duration of the transport authorisation.

Reliability

§ 15c. In any case, concerns about the reliability of the applicant shall be:


1.	he himself or, if he is a legal person or a civil society of the commercial law, his or her legal representation pursuant to the law, the statutes or the social contract for representation or management of the person concerned by a court of law on account of one or more of his or her own. A number of criminal acts committed with an attachment to a prison sentence of more than one year have been sentenced for as long as the conviction is neither tilted nor subject to the restriction of the information from the criminal record (§ § 1 to 7 of the Tilgungsgesetz 1972, BGBl. 68),
2.	on his assets, or if he is a legal person or a civil society of commercial law, he or she is also entitled to the representation or management of his or her assets under the law, the statutes or the social contract for the representation or management of the company. Bankruptcy proceedings have been opened or such a bankruptcy opening has been maintained only on account of a lack of coverage of the costs of proceedings, or
3.	against him or, if he is a legal person or a civil society of commercial law, also against his or her under the law, statutes or social contract for representation or management a legally binding knowledge of the criminal law because of serious infringements
a)		against traffic regulations, in particular the Railway Act 1957, the Dangerous Goods Transport Act and the Animal Transport Law-Railways or
b)		against customs, labour and social law obligations, in particular against the obligations of a service provider in accordance with the General Social Insurance Act, or
c)		against obligations under the protection of workers 'rights, in particular against the Workers' Protection Act
	has been adopted.

Financial performance

§ 15d. The prerequisite for the applicant's financial capacity shall be fulfilled if it is expected to fulfil its current and future foreseeable financial obligations under realistic assumptions over the next twelve months , and there are no significant arrears of taxes or social security contributions due out of the company's activities.

Professional competence

§ 15e. The prerequisite for the applicant's professional competence shall be fulfilled if he/she has or will have an operational organisation and the knowledge or experience required for a safe and reliable operational control and supervision of the operating activities in order to provide the railway service requested.

Decision making

§ 15f. The Federal Minister for Transport, Innovation and Technology is obliged to decide on an application for the granting of the transport permit without unnecessary postponing, but no later than three months after all the necessary information has been provided.

Time limit for transport

§ 15g. A deadline for the opening of transport on main or networked runways, as a rule six months, shall be fixed in the traffic permit.

Reviews

§ 15h. (1) For a period of five years, for the first time in a period of five years, the railway undertaking shall, for the first time, repeat for a period of five years in order to verify that the necessary conditions for the granting of a traffic permit have been met. The Federal Minister of Transport, Innovation and Technology will be able to demonstrate these conditions before the end of the five-year period.

(2) The Federal Minister for Transport, Innovation and Technology, in the event of serious doubts as to the existence of the conditions required for the granting of a transport authorisation, shall carry out an official review.

Deprivation, restriction

§ 15i. (1) The Federal Minister for Transport, Innovation and Technology shall not be required to withdraw the traffic authorisation if only a condition necessary for the granting of a traffic permit is no longer required. In the event of doubt as to the condition of financial standing, the Federal Minister of Transport, Innovation and Technology may, if the safety of the operation of railways, of the operation of rail vehicles, can be Railway and rail transport is not at risk, a limitation of the traffic permit by freezing for a period of not more than six months later, if it is to be expected that the doubts on the financial Performance can be dispelled at this time.

(2) A granted traffic permit shall be restricted by the Federal Minister for Transport, Innovation and Technology to the provision of certain types of rail transport services if this is requested by the holder of the transport authorisation.

Participation obligations

§ 15j. (1) The Federal Minister for Transport, Innovation and Technology shall immediately inform the European Commission of the granting, withdrawal or restriction of the transport authorisation.

(2) When there are serious doubts about the provision of rail transport services at home, it is known that a railway undertaking established in another Member State of the European Union, in another Member State, has the right to: Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation individual requirements for the granting of a permit within the meaning of Council Directive 95 /18/EC of 19 June 1995 on the granting of a licence to the European Economic Area (EEC) of authorisations for railway undertakings as amended by Directive 2004 /49/EC , the Federal Minister of Transport, Innovation and Technology has to inform the Federal Minister of Transport, Innovation and Technology of the other State.

(3) The insurer with which a railway undertaking having its registered office in Austria has concluded an insurance cover for sufficient coverage of the liability obligation shall be obliged to:


1.		inform the Federal Minister for Transport, Innovation and Technology immediately and immediately any circumstance which means an end or restriction of the insurance cover or a deviation from the original insurance confirmation or can mean, and
2.		, at the request of the Federal Minister for Transport, Innovation and Technology, to provide information on such circumstances.

Deletion of traffic permit

§ 15k. The traffic permit shall be issued:


1.		in the event of non-compliance with the fixed deadline;
2.		by the withdrawal of the traffic permit;
3.		with the death or other deletion of the legal personality of the holder of the traffic permit.

3. Main piece

Transport concession

Transport concession requirement

§ 16. For the provision of the following railway services in Austria on the railway infrastructure of main railways or connected interconnects by natural persons residing in Austria, companies with registered offices in Austria or legal entities Persons of public law established in Austria shall, if not already authorized to provide this type of rail transport services on the basis of a traffic permit, comply with a transport concession:


1.		passenger transport services in urban or suburban transport;
2.		Freight transport services in regional, urban or suburban transport.

Documents relating to the application

§ 16a. The granting of a traffic concession is to be requested by the Federal Minister for Transport, Innovation and Technology. The application shall be submitted to the local area in which railway services are to be provided, and shall be accompanied by the particulars and documents referred to in § 15a.

Requirements

§ 16b. (1) The Federal Minister for Transport, Innovation and Technology shall grant the traffic concession if the following conditions are met:


1.		No objections to the applicant's reliability (§ 15c);
2.		financial capacity (§ 15d) of the applicant;
3.		professional competence (§ 15e) of the applicant;
4.		adequate coverage of liability by the conclusion of an insurance policy or equivalent arrangements for the exercise of access rights.

(2) These conditions must be met for the entire duration of the transport concession.

Time limit for transport

§ 16c. The traffic concession shall be subject to an appropriate time limit for the opening of the traffic.

Reviews

§ 16d. § 15h also applies to traffic concessions.

Deprivation, restriction

§ 16e. Section 15i (1) shall also apply to traffic concessions. A traffic concession granted shall be restricted by the Federal Minister for Transport, Innovation and Technology to the provision of certain types of rail transport services or to a specific local area where this is the holder of a transport concession. Transport concession requested. Furthermore, section 15j (3) applies.

Extinguisher of the traffic concession

§ 16f. § 15k shall also apply to traffic concessions.

4. Main piece

Approval for non-public railways

Approval requirement

§ 17. Approval is required for the construction and operation of and for the provision of railway services on a non-public railway.

Approval procedure

§ 17a. (1) The granting of authorisation shall be requested from the Authority. The application shall be accompanied by a presentation of the construction project, a construction design and a construction and operating programme.

(2) The authorisation may only be granted if public interests do not conflict or if the public interest in the construction and operation of the planned railway outweighs the conflicting interests (public service of the Railways).

(3) The authorisation shall, upon request, decide whether, under which conditions and for what duration on the railway, a factory or a restricted-public transport is authorised and which facilities are subject to the provisions of the provisions of of this federal law.

(4) The permit may be linked to the railway-law building permit.

Works transport, restricted-public transport

§ 17b. (1) In the case of non-public railways, carriage of works or restricted public transport may be authorised in accordance with the following paragraphs, provided that the technical equipment of the railway provides sufficient security.

(2) The movement of works includes the free movement of workers, the activities to ensure the safety of the operation of the railway, the operation of rolling stock on the railway and the transport on the railway. , or to the company to which the railway serves. The Authority may, by means of a communication, authorise the free movement of persons whose transport appears to be offered by public interests and by persons who allow the undertaking or its workers to come to such persons as far as it is concerned: this is not the guests of guest and sabelling companies (extended work traffic).

(3) The restricted-public transport shall, on the basis of the traffic referred to in paragraph 2, cover the carriage of persons or goods, but without the obligation to carry them, provided that the extent of such transport is to be carried out in a general traffic It is possible to define the way in which the railway is equipped in terms of safety and that of a public transport system. A fee for transport can be charged.

(4) The authorisation of a trade in works (extended works) or of restricted public transport must be withdrawn if the railway undertaking no longer fulfils the conditions which were decisive for the authorisation.

5. Main piece

Rights of the railway undertaking

Construction and operating rights

§ 18. (1) A railway undertaking authorised to construct and operate railway undertakings shall be entitled, in accordance with the provisions of the legislation and in accordance with the concessions, authorisations and permits required under this Federal Act, to the railways , including the associated railway systems, operating equipment and other associated equipment, to provide supply and for the purpose of the construction and operation of a railway rolling stock on this railway operate.

(2) A railway undertaking authorised to provide railway services on public railways shall be subject to the conditions laid down in the legislation and in accordance with the concession required under this Federal Act, a permit or permit or a traffic concession on the one hand, and other authorisations and authorisations, on the one hand, and on the other, public and non-public transport on railways, on the one hand, and on the other hand, of a marketing authorisation in accordance , and to that end, To build and operate equipment and other related services, as well as to operate rail vehicles on a railway.

A railway undertaking authorised to provide railway services on non-public railways shall be, on the one hand, in accordance with the provisions of the legislation and, on the other hand, in accordance with the authorisation required under this Federal Act, and other necessary authorisations and authorisations, on the other hand, shall be entitled to provide non-public goods transport, works or restricted public transport and, for that purpose, to provide railway installations, equipment and other related services. to be built and operated as well as to operate rail vehicles.

(4) The railway undertaking shall also be entitled to set up and to operate the auxiliary facilities required for the construction and operation of a railway, the operation of rolling stock on a railway and the transport on a railway. , as well as to carry out all the work itself.

Protection against unreasonable competition

§ 18a. During the duration of the concession, no one may be allowed to erect other railways which would constitute a competition which would not be reasonable for the concessionaire.

Right of expropriation

§ 18b. The railway undertaking has the right of expropriation in accordance with the Railways Enpropriation Compensation Act, BGBl. No. 71/1954.

Patient rights

§ 18c. The railway undertaking shall have the right, from the owners of land and premises, to duldung the erection or installation of overhead lines, holding devices for the overhead line, signals and other equipment for the operation of a railway undertaking. Rail, for the operation of rail vehicles on a railway and for transport on a railway (circuit breakers, cable leads, safety and switch boxes, stops and the like) without the right to claim compensation and without claim for compensation, provided that this is not the case the intended use of the base or of the building is significantly impaired.

Rail replacement traffic

§ 18d. In the event of temporary disturbances in the operation of a public railway or in the event of a cessation for safety reasons (§ 19b), a railway undertaking authorised to provide railway services on public railways , during this period, shall be entitled to carry out the general passenger, baggage or freight transport with vehicles not bound to rails.

6. Main piece

Obligations of the railway undertaking

Arrangements

§ 19. (1) A railway undertaking authorised for the construction and operation of railways shall be obliged to provide the railway, including its associated railway equipment, operating equipment and other associated railway undertakings, taking into account the safety of the railway undertaking. -to build, maintain, supplement and, in accordance with the provisions of the legislation and in accordance with the concessions required by this Federal Law, the railway and transport operations on the railways; Authorisations and authorisations must be carried out and, in this respect, the necessary Precautions to be taken.

(2) A railway undertaking authorised to construct and operate railway undertakings shall take steps to ensure that the construction, stock or operation of the railway does not cause any damage to public or private property.

(3) A railway undertaking authorised to provide railway services on railways shall be obliged to provide rail vehicles, railway equipment, equipment and other related services, taking account of safety, order and to the requirements of transport on the railway, to be preserved, to be supplemented and to operate in accordance with the provisions of the legislation and in accordance with the authorisations and permits required under this Federal Law, and in this respect has the to make the necessary arrangements.

(4) The Federal Minister of Transport, Innovation and Technology may determine, in general, for all or individual types of railways by means of a regulation, such as the requirements for the safety and order and the requirements of the operation of a Rail, the operation of rail vehicles on railways and the transport of railway vehicles according to the state of the art, and the arrangements for the railway undertakings to safeguard them in accordance with the conditions laid down in paragraphs 1 to 3 to meet the obligations of the Member States. It may also, in general, for all or individual types of railways by means of a Regulation, require the training and examination of the railway staff responsible for the safety and of those responsible for carrying out the activities in order to ensure the safety of the railway operator. To establish the safety and order of the operation of a railway, the operation of rolling stock on a railway and the traffic on a railway.

(5) The Federal Minister of Transport, Innovation and Technology has laid down, by means of a regulation, the essential requirements for the safety and the order and the requirements of the operation of a railway, the operation of rolling stock on a Railway and transport to railways which, in the case of construction, maintenance and, in particular, as a signal, transport and operating system for the operation of railways, the operation of rail vehicles on railways and on the transport of railway vehicles, shall be defined as Railways designed to ensure a high level of safety at to take account of common safety methods, common safety objectives, the state of the art, the interconnection of the railways and the protection of residents; this is to the extent that this is the case, not necessary to meet these requirements arising from directly applicable Community law or other federal legislation. To the extent that such a regulation is the subject of the operation of main and interlinked trams, the operation of rolling stock on such railways or on the transport of such railways, it shall be notified to the European Commission.

(6) In directories relating to regulations referred to in paragraphs 4 and 5, where documentation on their full content is available and these documentaries are equally accessible to all, Austrian and international standards, technical specifications, technical regulations or other technical requirements, the application of which shall be based on the assumption that the essential requirements of the state of the art are met or that the essential requirements are met in the light of the assessment of whether the is going to be, important or helpful. These directories can be adapted to the current state of the art by the Federal Minister for Transport, Innovation and Technology.

Periodic reviews

§ 19a. (1) Railway undertakings which do not have a certified safety management system within the meaning of Section 39c shall have accredited bodies or notified bodies within the scope of their professional competence by institutions of the Federal Government or of a federal state. Accreditation, civil engineers, each within the limits of their powers, technical offices-engineering offices in the context of their subject areas or by persons guided in the directory according to § 40, each within the framework of their technical field of railway technology, in a for a period of five years in each case to be regularly reviewed, whether or not Railway equipment, equipment including rail vehicles and other related provisions of this Federal Act, regulations issued pursuant to this Federal Act and the provisions adopted pursuant to this Federal Act railway construction permit, component type-approval and operating grant modest. A test certificate to be submitted to the Authority shall be issued for each periodic examination, which shall contain, in particular, deficiencies and proposals to remedy the situation.

(2) In the case of the eligible persons referred to in paragraph 1, the railway undertaking shall have complete, conclusive and comprehensible documents relating to the state of the railway lines, operating appropriations, including the railway equipment, which are at the time of the examination. Rail vehicles, and of other affiliates, which, pursuant to this Federal Act, the regulations issued pursuant to this Federal Act, the railway-law construction permit issued pursuant to this Federal Act, Component type-approval, or operating grant, or on the basis of , the accuracy of the documents must be accepted by the examiner, unless the actual condition of the railway equipment, equipment, including the Rail vehicles and other forms of belonging shall not, apparently, correspond to the state of affairs indicated in these documents.

Setting for security reasons

§ 19b. (1) If the safety of the operation of a railway or the safety of the operation of rail vehicles is no longer given due to the condition of a railway, the Authority shall, in the former case, have the complete or partial suspension of the operation of a railway vehicle. the operation of such a railway and, in the other case, the total or partial suspension of the operation of the rolling stock in relation to the railway undertaking authorised to operate the railway, provided that in the former case the safety of the railway undertaking shall be Operation of the railway and, in the other case, the safety of the operation of Rail vehicles on the railway cannot be guaranteed by other measures. The set operation may only be resumed with the authorisation of the authority. The authorization shall be granted if the security of the holding is guaranteed. The disposal of other measures shall be repealed if the reasons for the availability of such measures have been omitted.

(2) If the safety of the operation of rolling stock on a railway is no longer given on the basis of the state of rail vehicles or the management of the operation of rail vehicles, the Authority shall have the necessary or partial railway vehicles. To ensure the suspension of rolling stock on such a railway with respect to the railway undertaking authorised to operate rail vehicles, provided that the safety of the operation of railway vehicles on a railway does not can be guaranteed by other measures. The holding shall be resumed only with the authorisation of the Authority. The authorization shall be granted if the security of the holding is guaranteed. The disposal of other measures shall be repealed if the relevant reasons for the disposal have been omitted.

Reporting obligation in case of accidents and incidents

§ 19c. The railway undertaking shall be obliged to take account of accidents and incidents which may result from the operation of a public railway or a connecting railway, in the operation of rolling stock on a public railway or a connecting railway or in the case of transport. of a public railway or a connecting train, to report immediately to the accident investigation centre. The Federal Minister of Transport, Innovation and Technology has to determine the scope and form of notifications of railway undertakings by regulation.

Transport facilities, watercourses

§ 20. (1) The railway undertaking shall, in accordance with the outcome of the construction-approval procedure, in an appropriate manner, have the appropriate means of transport and watercourses which are disrupted or unuseable by the construction of the railway . The facilities and watercourses are to be preserved and renewed from the previously pleated food. The railway undertaking has to bear the part to which the maintenance and renewal costs have been increased by the construction of the railway. For buildings which did not exist earlier, the railway undertaking must bear not only the costs of the first production but also the costs of the future maintenance and renewal. These provisions shall not apply to the extent to which another agreement exists or is being concluded.

(2) Recovered transport facilities and watercourses shall be formally submitted for the future maintenance and renewal according to paragraph 1 of this article. If the transaction is refused, the Authority shall decide, in accordance with the conditions laid down in paragraph 1, to the extent to which the acquisition and future maintenance and renewal shall be carried out.

Cemeteries, protective buildings

§ 20a. Railway undertakings shall be able to manufacture, maintain and renew, at their cost, the railway undertakings and their surroundings, where this is necessary for safety reasons. Whether this requirement exists is established in the railway-law building approval procedure. If a deviation from the existing state proves to be necessary later, the costs of production, maintenance and renewal shall be borne by the person who caused it. These provisions shall not apply to the extent to which another agreement exists or is being concluded.

Operational Manager

§ 21. (1) A railway undertaking authorised to construct and operate railway undertakings shall appoint a plant manager responsible for the safety and order of the operation of the railway, including railway installations, equipment and the rest of the railway. It is responsible for and the operation of rail vehicles on the railway.

(2) A railway undertaking authorised to operate railway services on railways shall appoint a plant manager responsible for the safety and order of the operation of the railway equipment, equipment and other equipment. It is responsible for and the operation of rail vehicles on railways.

(3) In the case of a railway undertaking which is entitled to construct and operate railway services and to provide railway services, the appointment of a person as a manager shall be sufficient.

(4) At least one substitute shall be appointed for the manager of the plant.

(5) (1) to (4) shall not apply to railway undertakings authorised solely for the construction and operation of and for the provision of rail transport services on connecting trains without own operation.

(6) The appointment of the manager and his deputy shall be subject to the authorisation of the Authority. The authorisation shall be granted if there are no concerns either with regard to the reliability or the suitability of the product. If such events occur in the following period, the authorisation shall be revoked.

(7) By way of derogation from paragraph 6, the appointment of the manager and his deputy shall require railway undertakings which are exclusively responsible for the construction and operation of and for the provision of rail transport services on connecting trains with: Self-operation by means of other types of equipment is not authorised by the authority.

(8) In the case of large railway undertakings, technical managers may be appointed in addition to the head of operations. The latter and their alternates shall be notified to the Authority.

General arrangements for railway staff

§ 21a. (1) The railway undertaking has, in each case under existing legislation, the conduct, including the training of the railway staff, the activities to ensure the safety of the operation of a railway, the operation of Rail vehicles on railways and on railways, by means of general arrangements in the interests of the safety and order of the operation of the railway, the operation of rolling stock on the railways and the transport of railway vehicles, To regulate railway lines.

(2) (1) does not apply to railway undertakings authorised exclusively for the construction and operation of and for the provision of rail transport services on connecting trains without own operation.

(3) The orders referred to in paragraph 1 shall require the authorisation of the authority to be granted, if there are no public transport interests.

(4) Paragraph 3 shall not apply solely to the construction and operation of and to the provision of rail transport services on connecting trains with its own operation, referred to in § 7 Z 2.

(5) If conduct, including the training of the employees referred to in paragraph 1, is already regulated by federal law or regulations issued under federal law, such conduct, including training, shall be required no regulation by general arrangements.

Tariff, schedule

§ 22. (1) A railway undertaking which provides railway services in passenger transport on public railways shall be able to offer it in a reasonable and economically reasonable way on the basis of fares and timetables. Railway undertakings shall draw up timetables on the basis of the network timetable drawn up by the allocation body. In addition, railway undertakings which provide rail services on main or secondary railways shall apply the provisions of the railway transport legislation.

(2) Rail undertakings providing railway services in public passenger transport on public railways shall have the tariffs and timetables, taking into account the continuous links referred to in paragraph 23, in good time before their -to publish in-force and at the expense of the railway undertaking concerned.

(3) The railway infrastructure undertaking shall provide and make available to the railway infrastructure railway undertakings for access to the railway infrastructure.

The Authority may, in application of Regulation (EEC) No 1191/69, on the action of the Member States in respect of obligations relating to the concept of public service in the field of transport by rail, road and inland waterway, OJ L 327, 30.4.1997, p. No. OJ L 156 of 28.06.1969 p. 01, as amended by Regulation (EEC) No 1893/91, OJ L 327, 28.12.1991, p. No. 01., changes in tariffs for the provision of rail transport services on public railways. Outside the scope of this Regulation, the Authority may order changes to the public transport timetables where this is necessary in the public interest and if the economic viability of the railway undertaking is not is significantly affected.

(5) The tariffs for the provision of rail transport services on trams shall contain the conditions of carriage and all the information necessary for the calculation of the transport prices. They are to be applied to everyone in the same way. The information necessary for the calculation of the transport prices and the essential provisions of the conditions of carriage shall be made known by means of a suitable location.

(6) In the case of the authorisation of restricted public transport on a non-public railway, the railway undertaking shall establish conditions of carriage. The main provisions of the Conditions of Carriage shall be made known by means of a suitable location.

(7) In the case of the Federal Army's use in accordance with § 2 of the German Defensive Act 2001, Federal Law Gazette (BGBl). I n ° 146, the Authority may at any time order the necessary changes to the tariffs for the provision of rail services on public railways and public transport timetables, which are strictly necessary for the purpose of carrying out the operational purpose.

Direct handling, continuous tariff

§ 23. For the transport of persons, luggage and goods on main or secondary railways, the railway undertakings concerned shall have a direct clearance and a continuous tariff in the way of the agreement.

Public services

§ 24. The responsibility for the appointment or imposition of benefits pursuant to Regulation (EEC) No 1191/69 as amended by Regulation (EEC) No 1893/91 shall be determined on the federal side in accordance with the tasks laid down in the special federal legislation. These separately regulated ordering responsibilities of the federal government do not refer to the student free rides and apprentice trips according to the 1967 Family Law Balancing Act, BGBl. No. 376.

Legal acts subject to authorisation

§ 25. The sale or leasing of a public railway or of parts of a public railway, the other omission of the whole or part of the operation of a public railway or of parts of a public railway , as well as the other omission of the whole or part of the handling of the traffic on a public railway or on parts of a public railway, other nullity of those acts shall require the approval of the authority; it shall in the event of public interests not being contrary to the law.

Obligation to provide information for the railway undertaking

§ 26. (1) The railway undertaking shall keep records of its business operations in such a way that the Authority may at any time make the findings necessary for the performance of its tasks; it shall provide the Authority with all information necessary for the purpose of carrying out its tasks. ; in particular, it has to provide all business records, books and other supporting documents for inspection and verification to the authorities of the authorities in question.

(2) Rail infrastructure undertakings and railway undertakings shall have the rail control GmbH the one of them for market monitoring to establish the development of competition in the Austrian rail transport market, including the To provide fully within a reasonable period of time the impact on the passengers and customers, required and requested by the Rail Control GmbH. The Rail Control GmbH has to forward to the Federal Statistical Office (Bundesanstalt Statistik Austria) those data which are used for the production of rail transport statistics in accordance with the Road and Rail Transport Statistics Act, BGBl. No 142/1983. § 10 of the Federal Statistics Act 2000, BGBl. I No 163/1999.

Facilitation

§ 27. The Authority shall be responsible for the construction and operation of secondary railways, trams and non-public railways, as well as for the operation of rail vehicles and for the transport of such further facilities, in accordance with Articles 19 to 26 and 30 of this Directive. the safety of the operation of such railways, the operation of rolling stock on these railways and the traffic on these railways is not at risk and shall be subject to private rights or do not stand in the way of public interests

Cessation of economic unacceptability

§ 28. (1) If the continuation of the operation of a public railway or of a railway line of a public railway is no longer economically reasonable, the Authority shall, at the request of the railway undertaking, have the temporary or permanent To approve the establishment of the company.

(2) Apart from the cases of a temporary disturbance of the holding (§ 18d, § 66) or such a cessation for security reasons (§ 19b), a temporary cessation of an economically no longer reasonable company shall be limited to a maximum of three years on a temporary basis. In the case of a main railway or a cross-linked runway or of the route of such railways, the authorisation shall be granted if the establishment of the network has shown that the assignment of train paths does not apply, or only to: there is a minor amount.

(3) In the application for authorisation of temporary cessation of the holding due to economic unacceptability, provision should also be made which are necessary on the one hand for safety reasons during the setting of the operation and which are on the other hand, the possibility of a resumption of operation. If, for these reasons, further arrangements are necessary, the Authority shall arrange for the temporary suspension of the holding to be granted.

(4) Prior to the approval of a permanent cessation of the holding due to economic unacceptability of the continuation, it must be demonstrated that the efforts of the applicant railway undertaking to continue to operate on the basis of commercial justifiable Conditions have not been successful. The success of the effort must be substantiated by means of the results of a search for an interested party with the collection of binding offers. Before issuing permits, the Governor of the Land shall be consulted, unless he/she is responsible for himself.

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

(6) Where the permanent cessation of the operation of a railway or of a route is authorised, the Authority shall, at the same time, declare the concession to the extent that it is intended to be granted.

Dismissal of a railway

§ 29. (1) Permanently operating railroads or permanently operating parts of a railway are to be abandoned. The owner of the railway or parts of a railway to be abandoned shall indicate to the authority referred to in paragraph 2 which railway installations it intends to remove and to indicate the arrangements which it intends to take with regard to the railway undertakings. to meet public safety concerns and to avoid damage to public or private property which could be caused by the railway to be abandoned or by parts of a railway to be abandoned.

(2) In the case of permanent cessation of the operation of a public railway or of parts of a public railway, the Governor of the State shall, in the case of permanent cessation of the operation of a non-public railway or of parts of a public railway, shall cease to be (a) the district management authority shall have, on the basis of public interests, and in particular public safety matters, the authority of its own authority to determine which railway installations shall be notified of the public interests of the public railway system; In addition, to eliminate railway installations and the arrangements to be made available , in order to avoid damage to public or private property which could be caused by the railway or parts of a railway to be abandoned, to the extent that it is not the case before the Construction of the railway or of the part of a railway to be abandoned is produced. If no official authority is required, this shall be communicated to the owner of the railway to be abandoned or to the holder of a railway to be abandoned.

(3) The owner of the railway to be abandoned or the holder of a part of a railway to be abandoned shall have the omission of the permanently operating railway or of permanently operating parts of a railway of the Authority to view.

(4) The permanently operating railway or the permanently operating part of a railway shall be deemed to be abandoned if the holder of the railway to be abandoned or a part of a railway to be abandoned is in accordance with the railway Display, and if the authority has issued a decree pursuant to paragraph 2, also in accordance with this decision, has left and the authority has stated this in a modest manner.

(5) (5) (1) to (4) shall also apply to installations and buildings which have already been established on the basis of a construction permit declared to have been declared to have been granted, provided that the competent authority of the country is the national governor, if the state-of-the-art construction approval of this or the Federal Minister of Transport, Innovation and Technology has been declared to have been granted, and that the competent authority is the district administrative authority if the railway-law building permit of you have been declared to have been lost.

Railway supervisory bodies

§ 30. (1) Railway undertakings shall have railway staff to monitor the behaviour of persons in relation to railway installations of a public railway, rail vehicles operated on public railways and in the public transport sector on a public railway Railway to be determined (railway inspection bodies). The surveillance shall include those of the order on the stations of the railway station, unless the institutions otherwise competent to do so are to be held. In the case of railways on which access rights are exercised, the monitoring shall also include the conduct of railway operators ' access to railway undertakings, in so far as this is necessary for the granting of the security and order of the processing of railway undertakings. of the railway and of the traffic in question on the railways as a whole.

The railway supervisory bodies shall be taken in oath by the authority or bodies of the railway undertaking which have been authorised by the latter. In the exercise of their monitoring activities, railway inspecting bodies shall be provided with a badmark from which their property and supervisory powers shall emerge. Railway supervisors who are no longer liable to exercise their powers shall be dismissed without delay; this shall be notified to the Authority.

(3) Railway inspection bodies may arrest persons who enter them in the event of an administrative surrender in accordance with § § 43 (1), 46, 47 (1) and (47b) in the event of a fresh act, provided that the other requirements of Section 35 of the Administrative Code Act 1991 (VStG) are also fulfilled, BGBl. No organ of the public security service may intervene. If the reason for the arrest is not previously eliminated, the persons arrested shall be presented as soon as possible by the railway inspecting bodies to the next institution of the public security service.

7. Main piece

Construction, modification and commissioning of railway systems and non-stationary railway safety installations and commissioning of rail vehicles

Section 1

Railway law building permit

Requirement of a railway construction permit

§ 31. The railway construction permit is required for the construction or modification of railway systems and non-stationary railway safety installations.

Application

§ 31a. (1) The granting of the railway construction permit shall be submitted to the Authority. The application shall be accompanied by a draft of a draft in triplicate and subject areas relevant to the project. The latter shall demonstrate whether the construction project is in the state of the art, taking into account the safety and order of the operation of the Rail, railway and rail transport of railway vehicles, including the requirements of the protection of workers. In the case of any deviations from the state of the art, the precautions should also be taken to ensure that, in spite of a deviation from the state of the art, the safety and order of the operation of the railway, the operation of Rail vehicles on rail and rail transport, including requirements for workers ' protection, are guaranteed. If the construction project concerns a main railway, either alone or via a main railway line, a cross-linked runway, only an expert opinion shall be provided which shall include all the areas of expertise relevant to the project; shall be used for the reimbursement of the project In the opinion of more than one expert, such an expert opinion shall contain a general summary of the report. For the opinion or opinions the rebuttable presumption of the correctness of the content applies.

(2) The experts referred to in paragraph 1 shall be subject and may be charged with the reimbursement of opinions, provided that they have not been entrusted with the planning or are in other circumstances in doubt that the unpartiality or technical customer is in doubt:


1.		Institutions of the Federal Republic of Germany or of a federal state;
2.		Accredited bodies or notified bodies within the scope of their accreditation;
3.		civil engineers within the limits of their powers;
4.		Technical offices-engineering offices in the context of their specialist fields;
5.		natural persons who are in general ostracted for the reimbursement of opinions of the type required.

(3) The Authority may, in accordance with the requirements of the individual case, determine the addition of a different number of construction design copies or copies of individual construction design documents.

Design

§ 31b. (1) In particular, the construction design must be clear:


1.		the location of the railway lines and of the buildings, transport facilities, watercourses and piping facilities located near the railway line;
2.		a construction and operational programme;
3.		the significant impact of the construction project on the environment;
4.		the real estate referred to in § 31e as well as the owners of these properties, the persons entitled to do so in rem, the persons entitled to water and the authorized mining companies.

(2) The Federal Minister for Transport, Innovation and Technology may, in general, meet for all or individual types of railways by means of a Regulation laying down detailed rules on the documents required depending on the type and scope of the construction project.

Oral proceedings

§ 31c. Prior to oral proceedings, the draft construction is to be laid down for general inspection by at least two weeks and a maximum of six weeks in the municipalities whose local area of activity is affected by the construction project. The Authority may shorten the application period to five days if it is offered by urgent public interests.

Touched interests

§ 31d. If the construction project affects the interests of the federal government, the Länder and the municipalities, the responsible services will be given the opportunity to comment on the construction project. The opinion of the municipality takes place within the scope of its own sphere of action.

Parties

§ 31e. Parties within the meaning of Section 8 of the General Administrative Procedure Act 1991, BGBl. No. 51, the owners of the property concerned, the owners of the property concerned, the persons entitled to do so, the persons entitled to water and the persons entitled to the mines are entitled to do so. In addition to the properties used by the building itself, affected properties are also those which come to lie in the construction prohibition area or in the fire area, as well as those which are subject to change due to their location in the hazard area. to be subject to restrictions.

Approval requirements

§ 31f. The railway construction permit shall be granted if:


1.		the construction project to the state of the art at the time of the introduction of the procedure-introductory application to the authority, taking into account the safety and order of the operation of the railway, the operation of railway vehicles on the railway and traffic on the railways,
2.		are not infringed by the Federal Government, by the Länder and by the local authorities by the construction project or in the event of a violation of such interests of the interests arising from the execution and commissioning of the construction project The advantage for the public is greater than the disadvantage resulting from the violation of these interests to the public by the execution and commissioning of the construction project and
3.		the subjective public rights of a party are not infringed or, in the event of a violation of the subjective public rights of a party, if the resulting construction and commissioning of the building project are The advantage for the public is greater than the disadvantage that arises from the execution and commissioning of the construction project.
From the state of the art, derogations may be applied for in exceptional cases where provision is made for the safety and order of the operation of the railway, the operation of rolling stock on the railway and the transport on the railways. other ways of ensuring.

Construction deadline

§ 31g. A reasonable period of time must be required for the construction permit in the railway sector, within which the construction project must be carried out and, in the case of its execution, to be put into operation. The Authority may extend this time limit on a timely request. If the time limit is not complied with without compelling reasons, the authority shall declare the construction permit for the construction of the railway which has been granted railway law.

Section 2

Component Type Approval

1. Subsection

Rail vehicles

Requirement of component type-approval

§ 32. (1) Prior to the granting of an operating licence, a component type-approval shall be granted for the entry into service of individual, or in terms of numbers of unspecified, identical rail vehicles, as well as of changes in individual or numerically undetermined identical railway vehicles. is required.

(2) No component type-approval is required for the entry into service of passenger coaches and freight wagons, which


1.		conform to uniform international construction patterns;
2.		whose rights of use have their principal residence (registered office) outside of Austria; and
3.		authorised in another State by the authorities or in a form which is otherwise permitted in that State.

Application

§ 32a. (1) The granting of component type-approval shall be submitted to the Authority, with the addition of a construction design, in triplicate.

(2) The Authority may, in accordance with the requirements of the individual case, determine the addition of a different number of construction design copies or copies of individual construction design documents.

(3) The application for the granting of a component type-approval for the entry into service of a rail vehicle not referred to in section 32b (2) and (3) or a modified railway vehicle not referred to in section 32b (2) and (3) shall be accompanied by expert reports; to demonstrate whether the rail vehicle or the modified rail vehicle is in the state of the art, taking into account the safety and order of the operation of the railway, the operation of other rail vehicles on the railways and the transport on the railways, including the requirements of the protection of workers . For the opinion or opinions the rebuttable presumption of the correctness of the content applies.

(4) The application for component type-approval for the entry into service of a nostalgid vehicle shall be granted in the event that this rail vehicle is not in the state of the art at the time of the introduction of the procedure-initial application to represent the arrangements intended to ensure that, in spite of the deviation from the state of the art at that time, the safety and order of the operation of the railway, the operation of other rolling stock on the railway and the railway Transport on the railways on which it is to be operated, including the Requirements for the protection of workers are guaranteed.

(5) The application for the granting of component type-approval for the entry into service of a used foreign railway vehicle is proof of whether the rail vehicle corresponds to the state of the art at the time of its first admission abroad, To give opinions. In addition, the precautions to be taken to ensure that, in spite of the deviation from the state of the art at the time of the introduction of the application, the safety and order of the operation of the railway, the operation of the railway Rail vehicles on the railways and on the railways on which it is to be operated, including the requirements for the protection of workers.

(6) In compliance with the conditions set out in Section 31a (2), the advisory opinions may only be reimbursed by:


1.		Institutions of the Federal Republic of Germany or of a federal state;
2.		Accredited bodies or notified bodies within the scope of their accreditation;
3.		civil engineers within the limits of their powers;
4.		Technical offices-engineering offices in the context of their specialist fields;
5.		natural persons who are generally ostracted for the reimbursement of opinions of the required type;
6.		other persons with principal place of residence (registered office) in other Member States of the European Union, in other Contracting Parties to the Agreement on the European Economic Area and in the Swiss Confederation, where such persons are present in the States for the reimbursement of expert opinions in the field of rail vehicle technology may be ordered in authorisation procedures.

Approval requirements

§ 32b. (1) The component type-approval shall be granted if a rail vehicle to be operated in operation or a changed rail vehicle to be operated in operation is subject to the state of the art at the time of the introduction of the procedure-introductory application at the Authority taking into account the safety and order of the operation of the railway, the operation of other rail vehicles on the railway and the transport on the railway on which it is to be operated.

(2) If there is a musetal or other technical interest in the maintenance or manufacture of a historical condition (nostalgic motor vehicles) for rail vehicles, such a rail vehicle shall be put into service. by way of derogation from paragraph 1, a component type-approval shall be granted even if the state of the art is not complied with at the time of the introduction of the contract, but shall be ensured by means of arrangements to ensure that, in spite of the deviation from the state of the art at the time of the introduction of the the application of the procedure for the operation of the railway, the operation of other rail vehicles on the railway and the transport on the railway on which it is to be operated are guaranteed.

(3) By way of derogation from paragraph 1, a component type-approval shall be granted for the entry into service of used foreign rail vehicles, even if the state of the art is not at the time of the introduction of the application, but on the basis of the following. The date of its first authorisation in a foreign country has been met, and arrangements shall be made to ensure that, despite the deviation from the state of the art, the security and order of the application for the application of the application for the procedure is Operation of the railway, the operation of other rail vehicles on the Rail and transport on the railways on which it is to be operated.

Permissions

§ 32c. (1) The component type-approval shall specify the types of public or non-public railways and, where applicable, the conditions under which the rail vehicle covered by component type-approval is restricted or restricted. may be carried out.

(2) The component type-approval shall be entitled, for itself, before the granting of an operating licence, to the putting into service of the rail vehicles covered by the component type-approval outside of carriage in general passenger, luggage or freight transport.

Fixed-term contracts in component type-approval

§ 32d. In the case of component type-approval, consideration shall be given to a reasonable period of time, taking into account the expected development of the state of the art, within rail vehicles, modified rail vehicles or second-hand foreign rail vehicles the component type-approval must be put into operation accordingly. Unless, in the meantime, a change in the state of the art has occurred, the Authority shall, on a timely request, extend this period for such a period, within which no significant change in the state of the art is to be expected.

Fixed-term testing of rail vehicles

§ 32e. In the course of the investigation, the Authority may in particular also order that a temporary test of built or modified rail vehicles and of existing used foreign railway vehicles shall be carried out in the absence of transport operations in the the general public, luggage or freight transport must be carried out, provided that this is necessary for an adequate assessment of the requirements of the safety and order of the operation of such rail vehicles. In doing so, the Authority may set the more detailed criteria for testing.

2. Subsection

Railway safety equipment

Admissibility of component type-approval

§ 33. The granting of a component type-approval shall be permitted for the construction of an unspecified number of identical railway safety installations or the modification of an unspecified number of construction-level railway safety installations.

Application

§ 33a. (1) The granting of component type-approval may be requested from the Authority. The application shall be accompanied by a draft construction in triplicate and expert opinions; the latter shall demonstrate whether the railway safety equipment or the railway safety device to be changed is in the state of the art. Taking into account the safety and order of the operation of the railway, the operation of rail vehicles on the railway and the rail transport, including the requirements of the protection of workers. For the opinion or opinions the rebuttable presumption of the correctness of the content applies.

(2) In compliance with the conditions set out in Section 31a (2), the advisory opinions may only be reimbursed by:


1.		Institutions of the Federal Republic of Germany or of a federal state;
2.		Accredited bodies or notified bodies within the scope of their accreditation;
3.		civil engineers within the limits of their powers;
4.		Technical offices-engineering offices in the context of their specialist fields;
5.		natural persons who are in general ostracted for the reimbursement of opinions of the type required.

Approval requirements

§ 33b. (1) The component type-approval shall be granted if the railway safety device or a railway safety device to be changed is used in the state of the art at the time of the introduction of the procedure-introductory application under To take account of the safety and order of the operation of the railway, the operation of railway vehicles on the railways and the transport on the railway, on which the railway safety equipment is to be operated.

(2) The component type-approval shall specify the types of public or non-public railways in which the railway safety equipment or the railway safety device to be modified is fully or fully defined. may be restricted.

Fixed-term contracts in component type-approval

§ 33c. In the case of component type-approval, consideration shall be given to a reasonable period of time, taking into account the expected development of the state of the art, within the railway safety facilities or in the case of changes in the railway safety technical equipment equipment of component type-approval may be put into service accordingly. Unless, in the meantime, a change in the state of the art has occurred, the Authority shall, on a timely request, extend this period for such a period, within which no significant change in the state of the art is to be expected.

Section 3

Operating permit

Requirement of operating licence

§ 34. (1) The commissioning of railway installations, modified railway systems, non-stationary railway safety installations or modified non-stationary railway safety equipment shall require the operation of the operating licence if: has been granted an iron railway construction permit for their construction or modification.

(2) The commissioning of rail vehicles, of modified rail vehicles or of used foreign railway vehicles requires the operating licence if a component type-approval has been granted.

Connection with other approvals

§ 34a. If there are no objections from the point of view of the safety and order of the operation of the railway, the operation of rolling stock on the railway and the rail transport, the Authority may link:


1.		the authorization for the entry into service of railway installations, modified railway installations, non-stationary railway safety installations, or other non-stationary railway safety installations with the railway-law building permit;
2.		the approval for the entry into service of rail vehicles, changed rail vehicles or used foreign railway vehicles with component type approval.

Application

§ 34b. The granting of the operating licence shall be requested. The application must be accompanied by a test certificate, which must be clear as to whether the railway systems, the railway system, the railway system, the non-stationary railway installations, or the non-stationary railway equipment, railway safety equipment of the railway-law building permit. Section 31a (2) shall apply mutas to the issue of the examination certificate. In place of a certificate of examination, a declaration corresponding to that content may be enclosed in a person drawn up in the list in accordance with § 40, if the railway installations, modified railway systems, non-stationary railway safety equipment or modified non-stationary railway safety installations under the direction of that person.

Granting of operating licence

§ 35. (1) The Authority may not use the operating licence for a railway system, a modified railway system, non-stationary railway safety installations, or any modification of non-stationary railway safety installations without the need for: , if these have been carried out under the guidance of persons headed in the list in accordance with § 40, and if there are no objections to the safe operation of the railway, the safe operation of rail vehicles on the railway and the safe traffic on the railways. Otherwise, it is necessary to check, in the case of the case, whether the previous railway system or the non-stationary railway safety device correspond to the railway construction permit.

(2) If there are no concerns that the safety of the operation of the railway, the operation of rail vehicles on the railway and the transport on the railway on which it is to be operated is guaranteed, the Authority may: for a rail vehicle, a modified rail vehicle or a used foreign rail vehicle under the suspenseful condition requested, that a declaration of a person under the list in accordance with § 40 , which will result in a non-standard testing of the rail vehicle including the results of the trial by this person and its conformity with the type-approval based on a review by that person. Moreover, in the case of a used foreign rail vehicle, the operating licence may also be issued without further notice if proof is provided that one of these trials and testing is equivalent to a test in the state in which this Rail vehicle has been approved. Otherwise, the situation of the case shall be considered as to whether the preceding rolling stock is in conformity with the approval of the component type.

Section 4

Approval-free projects

§ 36. (1) No construction permit or component type-approval is required:


1.		in the case of new, extension, renewal and rebuilding, in so far as it does not require extensive work to improve the overall performance of the railways;
2.		in the case of changes in railway safety equipment and for the putting into service of modified railway vehicles, in so far as the changes do not require extensive work to improve the overall performance;
3.		for the entry into service of micro-vehicles with rolling stock and two-way vehicles used only in areas which are blocked for other traffic on the railways;
4.		in the case of deportations.
It is a condition that these buildings, modifications, commissioning and decommissioning are carried out under the supervision of a person under the list in accordance with § 40 and subjectively public rights of third parties, which are subject to the condition of a The building permit requirement for the buildings listed under Z 1 to 4, changes and modifications to the party position would not be infringed.

(2) The Federal Minister of Transport, Innovation and Technology may, in general terms, refer to all or for individual types of railways by means of a regulation for which the buildings, modifications, commissioning and construction referred to in paragraph 1 (1) (1) to (3) of this Regulation shall apply. In any case, if the condition referred to in paragraph 1 is complied with, it is not necessary to have a construction permit or type approval in accordance with the condition of the railway system.

(3) No construction permit is required and no component type-approval shall be granted for the construction or modification of railway safety installations where the construction or modification of such equipment is equivalent to a European technical approval, or for the relevant railway safety equipment, European standards, European specifications or common technical specifications, and the construction or modification thereof, in accordance with the Standards and specifications shall be made.

(4) No component type-approval is required for the entry into service of rail vehicles for the following journeys, if they are carried out under the guidance of persons guided in the list in accordance with § 40, and arrangements are in place to ensure that: that the safety and order of the operation of the railway, the operation of the rail vehicle on the railway and the rail traffic on the railway are not at risk:


1.		outside the general passenger, luggage or goods traffic crossing, test drives or measuring drives with rail vehicles for which the granting of the type-approval or the operating licence is requested and only on such railways on which they are to be operated;
2.		Crossing points, test drives or measuring drives with rail vehicles intended for export and for which no type-approval and operating licence is to be issued;
3.		Transfers of a railway vehicle on a railway where it may not be operated in accordance with the requirements of the Directive;
4.		Transfer of a foreign railway vehicle in transit through Austria;
5.		Prospective and demonstration drives with rail vehicles for which the granting of a component type-approval or operating licence is requested and only on such railways on which they are to be operated according to the application;
6.		training journeys for railway staff with rolling stock for which the granting of a component type-approval or operating licence is requested and only on such railways on which they are to be operated;
7.		Special trips for a limited group of participants for the presentation of foreign railway vehicles within the scope of the planned transfer of the right of disposal;
8.		Occasional journeys by rail vehicles whose rights of use have their principal residence (seat) in another State, and these rail vehicles are officially registered in that State for the purpose of track maintenance.

8. Main piece

Safety certificate

Requirement of a safety certificate

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


1.		in the case of a railway undertaking having its registered office in Austria, a safety certificate A and B, which must relate to the type of railway service to be provided and to the railway on which that access is to be exercised; and
2.		for railway undertakings established in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area, or in the Swiss Confederation, in addition to one in their A safety certificate issued by the Member State of residence requires a safety certificate part B.

Provisions of the railway undertaking

§ 37a. 1. A railway undertaking shall have arrangements to ensure the safety of the operation of rolling stock and of the transport on the main or networked runways which shall be the subject of a request for the allocation of train paths. to meet. These arrangements are subject to the approval of the Federal Minister of Transport, Innovation and Technology.

(2) The application for authorisation of the arrangements shall be submitted:


1.		Information on the technical specifications for interoperability, in federal laws, regulations governing rail vehicles, rail vehicles and the operation of rail vehicles in technical specifications for interoperability, on the basis of technical specifications for interoperability have been issued by federal laws or in other national safety regulations and in connection with which a construction permit, a component type-approval or an operating licence has been issued, as well as evidence to which the Compliance with these regulations by the security management system proof;
2.		Information on the different categories, on the technical qualification and on details of the training of the railway staff who are in a service, working or contract relationship with the railway undertaking and the activities of the railway undertakings in order to ensure the safety of the operation of rail vehicles on railways and of transport on railways, including evidence that these railway staff shall meet the requirements of the technical specifications for the railway vehicles interoperability, to the extent that such interoperability exists, and the interoperability Railway staff comply with federal laws and regulations issued under federal laws;
3.		Information on the types and maintenance of the rolling stock used, including the evidence that these rail vehicles meet the requirements of the technical specifications for interoperability, to the extent that such interoperability specifications exist, and to Rail vehicles comply with federal laws and regulations issued on the basis of federal laws and a component type-approval.

(3) The authorisation shall be granted where the measures taken are suitable for the safe operation of rail vehicles and for safe circulation on the railways referred to in paragraph 1, which are the subject of a request for the allocation of To be guaranteed to be train paths.

(4) The railway undertaking has, in particular, the Federal Minister for Transport, Innovation and Technology, made any changes to the facts relevant to the authorisation granted, in particular the introduction of new categories of Railway staff and the use of other rail vehicles, known as rail vehicles. In this case, the measures taken pursuant to paragraph 1 shall be updated and submitted to the Federal Minister for Transport, Innovation and Technology for approval.

(5) In the investigation procedure, institutions of the federal or federal state, accredited bodies or notified bodies within the scope of their accreditation as well as state-authorized institutions can also be appointed as experts. .

(6) If the provisions approved in accordance with paragraph 1 are not taken or not fully met by the railway undertaking, the Federal Minister for Transport, Innovation and Technology shall withdraw this authorisation.

Issue of certificates

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


1.		a railway undertaking having its registered office in Austria, on request, to issue a certificate, designated as a safety certificate, part A and B, for a period of validity of no more than five years, in which the certification of the imported the security management system, under the guidance of the certificate, and the authorisation of the arrangements referred to in Article 37a, under the guidance of the authorities, the type of railway service and the railway to which the approved arrangements relate, have been assessed and
2.		a railway undertaking having its head office in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation, as Safety certificate part B shall be issued for a period of validity of no more than five years, in which the authorisation of the arrangements referred to in Article 37a shall be issued, accompanied by a description of the date of the decision, the type of railway service and the type of railway transport. Railway to which the approved arrangements relate is assessed.

(2) Before a new safety certificate A and B requested by the railway undertaking, the Federal Minister of Transport, Innovation and Technology has to prove that it is a certified certified statement of the The security management system and the conditions necessary for the granting of a permit pursuant to section 37a are still fulfilled.

(3) Before issuing a new safety certificate, part B of a new safety certificate requested by the railway undertaking, the Federal Minister of Transport, Innovation and Technology has to prove that it is the one for the granting of a permit according to § 37a necessary conditions are still fulfilled.

Withdrawal of certificates

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


1.	to withdraw the safety certificate part A and B during their period of validity, if:
a)		it has been withdrawn from it pursuant to section 37a,
b)		it no longer has a certified safety management system, or
c)		within one year from the date of service of the safety certificate, part A and B, no access to the rail infrastructure or parts thereof to which the approved arrangements relate has been exercised; or
2.	to withdraw the safety certificate, part B, during its period of validity, if:
a)		it has been withdrawn from it pursuant to section 37a; or
b)		within one year from the date of service of the safety certificate, part B shall not have access to the rail infrastructure or to parts of the rail infrastructure to which the approved arrangements relate.

(2) A railway undertaking based in Austria is obliged to provide the Federal Minister of Transport, Innovation and Technology with the existence of the deciphers of the first paragraph of paragraph 1 (1). (b) or (c) to report. A railway undertaking having its registered office in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation, shall be obliged to: Federal Minister for Transport, Innovation and Technology the existence of the rectification status of paragraph 1 Z 2 lit. (b) report.

(3) Rail transport undertakings shall be required to defer unsolicitsto the Authority Safety Certificates Part A and B, or Safety Certificates, Part B, which have been withdrawn or whose validity has expired.

Participation obligations

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

(2) The Federal Minister for Transport, Innovation and Technology shall communicate to the foreign authority the withdrawal of a safety certificate, part B, which shall be accompanied by the safety certificate or any of the relevant safety certificates to the railway undertaking. has been issued.

9. Main piece

Security Approval

Requirement of a security permit

§ 38. A safety authorisation is required for the operation of main tracks and of cross-linked trams, including the operation of rail vehicles on such railways required for the operation of such railways.

Evidence of measures taken by the railway infrastructure company

§ 38a. A railway infrastructure undertaking shall, for a period of five years in each case, regularly provide the Authority with proof that it has taken the precautions to be taken pursuant to Article 19 (1) and (2).

(2) In the event that the Authority has justified doubts as to the fact that the arrangements to be taken by the railway infrastructure company in accordance with paragraph 1 have not been fully or not fully taken by the railway infrastructure company, the To request the railway infrastructure company to provide a new proof within a period of six weeks.

Exhibition of Security Approval

§ 38b. The Authority shall, upon request, issue a document designated as a safety authorisation to a railway infrastructure company for a period of not more than five years if proof has been provided in accordance with section 38a and if: certified safety management system. The safety authorisation shall be subject to certification of the safety management system and the provision of the proof in accordance with section 38a to be assessed.

(2) In the case of a new safety authorisation requested by the railway infrastructure company, the Authority shall demonstrate to the Authority that it has an imported certified safety management system and that it has a certified safety management system and that it is responsible for issuing a new safety authorisation system. a permit according to § 38a required conditions.

Withdrawal of the security permit

§ 38c. (1) The safety authorisation shall be withdrawn during its period of validity if the railway infrastructure company no longer has a certified safety management system or if the proof listed in section 38a does not more can be provided.

(2) Railway infrastructure undertakings shall be required to defer to the Authority any security authorisations which have been withdrawn or whose validity has expired.

Participation obligations

§ 38d. The Authority shall, within a period of four weeks, issue the European Railway Agency with the issuing, re-exhibition and withdrawal of a safety authorisation, indicating the name and address of the railway infrastructure company, the The date of issue, re-exhibition or withdrawal of the safety authorisation, the period of validity of an issued or newly issued safety authorisation and of the railways covered by this authorisation. Moreover, if the safety authorisation has been withdrawn, the European Railway Agency shall be notified of the reasons for the withdrawal.

10. Main piece

security management system, safety report

Introduction of a security management system

§ 39. A railway undertaking established in Austria and a railway infrastructure undertaking and other railway undertakings may introduce a safety management system in order to ensure that they are carried out prior to the operation of the railway undertaking:


1.		the achievement of the common security objectives;
2.		compliance with the essential requirements laid down in Regulations pursuant to § 19 and the safety requirements set out in the Technical Specifications for Interoperability;
3.		the application of the relevant parts of the common security methods.

Purpose of the security management system

§ 39a. (1) The safety management system shall control all risks associated with the activities of a railway infrastructure company or a railway undertaking, including maintenance work, material procurement and the the award of service contracts. The risks arising from the activities of other parties shall be duly taken into account.

(2) The safety management system of a railway infrastructure company shall also take into account the consequences arising from the exercise of access rights of different access rights on its rail infrastructure, and shall also have to be taken into account: ensure that access beneficiaries comply with the requirements set out in the technical specifications for interoperability, compliance with regulations in accordance with § 19, and compliance with the specific requirements for the safe operation of rail vehicles on and on the market of its rail infrastructure in the course of the exercise of its access.

Essential elements of the safety management system

§ 39b. (1) The safety management system shall contain the following essential elements:


1.		a security order approved by the representative or the managing director and the railway staff, the activities to ensure the safety of the operation of the railway, the operation of rolling stock on the rail and transport by rail, shall be communicated;
2.		-qualitative and quantitative objectives relating to the maintenance and improvement of the safety of the operation of the railway, the operation of rolling stock on the railways and transport on the railways, and the To achieve this objective, plans and procedures have been established;
3.		Procedures for compliance with existing, new and amended technical or operational standards or other requirements set out in Technical Specifications for Interoperability, in relevant Federal laws or in Regulations, which are based on Federal laws have been issued, or in the case of construction permit, component type-approval or operating grants issued pursuant to this Federal Act, and procedures to ensure that these are Standards or other requirements throughout the life of the and throughout the duration of the operation of the railway, the operation of rolling stock on the railway and the rail transport;
4.		Procedures and methods for risk assessment and the application of risk control measures in the event that risks to railway installations, the operation of the railway, the operation of the railway, or the operation of the railway system, are subject to change in operating conditions or new material. rail vehicles on the railway or on the rail transport;
5.		training programmes for railway staff who carry out activities to ensure the safety of railway operations, the operation of rail vehicles on railways or rail transport, and procedures to ensure that: that the qualifications of these railway staff are maintained and that their activities are carried out in accordance with that qualification;
6.		Arrangements for a sufficient flow of information within the organization of the business and, where appropriate, between business organisations using the same rail infrastructure;
7.		Procedures and formats for documenting security information and determining control procedures to ensure the configuration of critical safety information;
8.		Procedures to ensure that accidents, incidents, near-accidents and other dangerous events are reported, investigated and evaluated and the necessary preventive measures are taken;
9.		Provision of deployment, alert and information plans in consultation with the competent authorities;
10.		Provisions on periodic internal inspections of the safety management system.

(2) All essential elements of the security management system must be documented. The division of responsibilities within the organization of the organization must be described. It is also necessary to describe how the persons authorised for representation or management ensure control in the various business units, the railway staff, the activities to ensure the safety of the operation the railways, the operation of rolling stock on the railway or rail transport, as well as the staff representation at all levels of the enterprise, and the continuous improvement of the Security management system is guaranteed.

Certification of the security management system

§ 39c. The safety management system is in accordance with § § 39a and 39b and is suitable to achieve the objectives set out in § 39 paragraph 1, from a position which according to the Accreditation Act for the certification of quality and Safety management systems are accredited. The certificate shall be valid for a period of five years from the date of issue of the certificate. The certificate shall be submitted to the Authority.

Security Report

§ 39d. Each year before 30 June, a safety report referring to the previous calendar year shall be submitted to the Authority by rail transport undertakings established in Austria and by rail infrastructure undertakings established in Austria, before 30 June. to include the following:


1.		information on how the business-related security objectives have been achieved;
2.		the Austrian and the common safety indicators, to the extent that they are of concern to the railway undertaking concerned;
3.		the results of internal security audits;
4.		Information on defects and malfunctions which have affected the safety of railway operations, the operation of rail vehicles on the railway or rail transport.

11. Main piece

Other business

List of technical fields of railway engineering

§ 40. (1) The Federal Minister for Transport, Innovation and Technology shall, at the request of a railway undertaking, have persons, if they meet the requirements referred to in paragraph 2, and if they do not have any concerns with regard to their reliability and suitability. a directory which has been subdivided into technical fields of railway technology.

(2) Persons listed in paragraph 1 shall have access to railway staff and comply with the following requirements:


1.		the completion of the course of study at a university or university of applied sciences for the subject area concerned;
2.		the practical operation in the railway service of a national railway undertaking entitled to the construction and operation of a public railway or to the provision of railway services on public railways, in which: Duration of at least seven years, of which three years in the field in which the person is to be used, with a national railway undertaking having its registered office in other Member States of the European Union, other contracting parties to the Agreement on the European Economic Area or the Swiss Confederacy and equivalent safety standards are held in the same way;
3.		the knowledge of the legislation under consideration for the field.

(3) The requirements referred to in paragraphs 2 (1) and (2) may be offset if proof of competence is provided in other ways. The requirement laid down in paragraph 2 (3) may be demonstrated by a confirmation from the railway undertaking to which the person belongs.

(4) Persons who are held in a directory subdivided into technical areas of railway technology may carry out tests in accordance with § 19a only if:


1.		if they have been entered in the register for a period of less than five years prior to the completion of the examination; or
2.		if, in a period of less than five years prior to the conduct of the examination, the Federal Minister of Transport, Innovation and Technology has been shown to fulfil the conditions required for its management in that register; Proof of this is to be confirmed by the Federal Minister of Transport, Innovation and Technology.

(5) The persons who are kept in a directory subdivided into technical fields of railway technology shall be kept in the same position:


1.		Institutions of the Federal Republic of Germany or of a federal state;
2.		Accredited bodies or notified bodies within the scope of their accreditation;
3.		civil engineers within the limits of their powers;
4.		Technical offices-engineering offices in the context of their specialist fields;
5.		natural persons who are in general ostracted for the reimbursement of opinions of the type required.

Pre-Work

§ 40a. (1) In order to carry out preparatory work for the preparation of a construction design for new or for the modification of existing railways or railway systems, the client is granted the right to use external properties for the preparation of the construction project. to carry out the necessary work under the possible protection of foreign rights and interests, or to have it carried out by a representative. He has to replace the damage caused by this.

(2) The owner of the property shall be shown to notify the owners or the authorized users of the property in question at least four weeks prior to the intended start of the preparatory work.

(3) If the building owner or the authorized representative is denied boarding properties, including the buildings and the land covered, or the removal of obstacles, the decision shall be taken at the request of a person concerned. District managing authority on the admissibility of the intended act.

Federal Law of the Federal Republic of Germany

§ 40b. By agreement with the Federal Minister of Transport, Innovation and Technology, the Federal Government may, in agreement with the Federal Minister for Finance, a main or secondary railway, unless otherwise agreed, in accordance with the provisions to be applied in accordance with the provisions of this Regulation. of the Railways-Enteignungsentschädigungsgesetz, BGBl. No 71/1954, if this is necessary from public transport interests.

Foreign acts

§ 41. In other Member States of the European Union, in other Contracting Parties to the Agreement on the European Economic Area or in the Swiss Confederation, authorisations, authorisations or other authorisations granted for the exercise of Rights of access which are necessary in accordance with the provisions of this Federal Act shall be deemed to be equivalent to the latter, with the exception of authorisations, authorisations or authorisations corresponding to a safety certificate contained in Part B of this Regulation, or other acts. In addition, foreign authorisations, authorisations or other acts necessary for the exercise of access rights may, in so far as they do not exist in the case of public contracts, be recognised upon request by the Authority, if the applicant is in evidence of an underlying equivalent safety standard. Accordingly, foreign authorisations, authorisations or other legal acts, which are to be considered or recognized in the same way, replace the relevant authorisations, authorisations or other authorisations required in accordance with the provisions of this Federal Act. Acts.

Part 3a

Regulations, behaviour within railway systems and in rail vehicles

1. Main item

Anrainer provisions

Construction prohibited area

§ 42. (1) In the case of main railways, subways and non-public railways, the erection of non-railway installations of any kind shall be at a distance of up to twelve metres from the centre of the outermost track, at stations within the railway station border and up to twelve Meter from this, forbidden (no construction prohibited area).

(2) The provisions of paragraph 1 shall also apply to trams on its own railway body in unspoiled territory.

(3) The Authority may grant exemptions from the provisions of paragraphs 1 and 2, in so far as this is compatible with public transport interests. Such authorisation shall not be required if agreement has been reached on the construction of the railway undertakings between the railway undertaking and the Member State in which the railway undertaking is situated.

Hazardous area

§ 43. (1) In the vicinity of railway installations (hazardous area), the setting up of installations or the taking of other acts is prohibited, by means of which the stock of the railway or its belonging or the regular and safe management of the operation of the railway system is prohibited. Railways and the operation of rail vehicles on the railways and transport on the railways, in particular the free view of signals or railway crossings, which are rail-tight, are jeopardised.

(2) In the case of high-voltage power lines, without prejudice to the provision of paragraph 3, the hazard area, if they are overhead lines, shall normally be twenty-five metres when they are wired, as a rule each five metres on either side of the line axis.

(3) When in the field of danger quarries, dams or other installations are to be erected or substances which are explosive or flammable shall be stored or processed, by means of which the operation of the railway, the operation of rail vehicles on the Where rail or rail transport may be jeopardised, the authorisation of the authority shall be obtained prior to the execution of the construction or storage or processing operation, which shall be granted where arrangements are in place to endanger the transport of the railway. Operation of the railway, the operation of rail vehicles on the railway and the Exclude traffic on the railways.

(4) The obligation to provide a permit in accordance with paragraph 3 shall not apply where it relates to the establishment of the quarry, the stowage or any other installation or the storage or processing of the substances between the railway undertaking and the erector, warehouse or Processors have come to a civil agreement to be agreed in writing on the measures to be taken which endanger the operation of the railway, the operation of rolling stock on the railway or the transport on the road, Exclude railway.

Fire area

§ 43a. (1) Equipment of any kind at a distance of up to fifty metres from the centre of the outermost track shall be manufactured, preserved and renewed in the event of ignition by sparks (detonation safe), when the steam engines are in operation or Use is intended for declaration by the operator. Where specific local conditions require, the Authority shall fix a correspondingly smaller or larger area of fire. The authority decides on the construction of the ignition-proof production in the railway-law building-approval procedure or on application according to the state-of-the-art.

(2) In the construction of a new railway or in the case of the extension of existing track systems, the obligation to manufacture as well as the maintenance and renewal of existing railway undertakings shall be subject to the railway undertaking, which shall also cover the part of the costs of the maintenance and renewal of the railway undertaking. Renewal costs have been increased by the use of ignition-proof production.

(3) In the case of installations in the vicinity of existing railways, the obligation to manufacture as well as the maintenance and renewal of the installations shall be subject to the requirements of the owners of the installations.

Elimination of an illegal state

§ 44. The district administrative authority shall, at the request of the railway undertaking, remove a


1.		by unlawful conduct or
2.		contrary to a civil agreement according to § 42 (3) or § 43 (4)
of the state of the art.

Elimination of risk-bearing hazards

§ 45. The hazards associated with natural events (such as avalanches, landslides, natural vegetation) within the scope of the hazard (section 43 (1)) must be removed from the railway undertaking. If the authorized person refuses to give his consent, the district administrative authority shall, at the request of the railway undertaking, apply the duty of the disposal of the disposal.

2. Main piece

Behaviour within railway systems and in rail vehicles

Behaviour within the railway systems

§ 46. Within the railway system, an operation of a railway, the operation of rail vehicles on a railway and the traffic on a railway is prohibited. In particular, it shall be prohibited to damage, ascend or contaminate railway installations, railway installations and rolling stock, to place unauthorised objects on the road, to place other obstacles to driving, and to stop the use of such equipment. To switch the circuit breakers, to alert the alarm, or to give signals.

Entry for non-specific points of railway installations

§ 47. (1) The entry into service of railway installations, with the exception of those designated for this purpose, shall be authorised only with a permit issued by the railway undertaking.

(2) Institutions of the courts, administrative authorities, the public security service and the customs authorities shall not be allowed to enter railway installations without a permit only if and as long as this is necessary for the performance of their duties. The Authority may, in so far as is necessary in the public interest, set further exceptions.

(3) The persons entitled to enter the railway systems without a permit card shall be indicated by a service legitimation or certificate of their service.

(4) If persons who are entitled to enter railway installations without a permit card are killed or injured by accident during the operation of the railway or in the operation of a rail vehicle, or if they suffer a property damage, they shall be incurred. In respect of the railway undertaking, claims for compensation or recourse only if the accident results from an unauthorised intentional or grossly negligent act or omission of the railway undertaking or of a railway operator results. Railway staff of a railway undertaking shall be liable for the damage caused by them only if they have deliberately caused it, without prejudice to the rights of the railway undertaking ' s recourse to the railway undertaking.

(5) The provisions of paragraphs 1 to 4 shall not apply where railway installations are situated in the traffic area of a public road.

Use of non-public railway crossings

§ 47a. Non-public railway crossings may be used only by the persons entitled to it and only under the conditions which are to be specified by the railway undertaking for safety reasons and which are to be made known at least to the signon.

Rail users

§ 47b. (1) Rail users shall comply with the official instructions of the railway supervisory bodies (§ 30) and behave in the same way as the safety and order of the operation of the railway undertakings and the railway vehicles should be used in the case of the use of the railway systems and the railway vehicles. Railways, the operation of rail vehicles on the railways, rail transport and the consideration of other areas.

(2) Rail users shall be allowed to enter and exit only at the places designated for this purpose and only at the side of the rail vehicles designated for this purpose.

(3) As long as a rail vehicle is in motion, the opening of the outside doors of the rail vehicle, the entering of the footboards and the linings on unsecured open platforms as well as the entry and exit are prohibited.

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

3. Main piece

Other business

Protection rules

§ 47c. The Federal Minister of Transport, Innovation and Technology may, for all or for individual types of railways, enact provisions in which the provisions relating to the protection of railway installations, the operation of a railway, the operation of a railway undertaking, or the operation of a railway undertaking, are Rail vehicles on a railway and transport on a railway are more closely determined (Sections 43 (1), 46, 47, 47a and 47b). "

20. The title before § 48 reads:

" 4. Part

Intersections with traffic routes, railway crossings

1. Main item

Construction redesign of traffic routes

Arrangement of the constructional redesign "

21. In § 48 (3), the word groups shall be "Rail or road transport" by the word groups "Transport by rail or road" replaced.

22. § 48 (4) reads:

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

23. § 49 is given the following heading:

" 2. Main item

Rail corridors Rail crossings

Securing and behavior on approximation and translation "

24. In § 49 (1) the word group shall be "State of technical development" through the word group "State of the art" replaced.

25. § 50 together with headline reads:

" 3. Main item

Connecting tracks, material webs

§ 50. The provisions of § § 48 and 49 shall apply mutagenic to the use of connecting tracks and material webs with restricted public transport. For the remaining material webs, the provisions of § 49 shall apply with the proviso that the costs of the securing facilities, unless another agreement exists or is made, shall be borne by the railway undertaking alone. "

26. § 51 together with the outline " 4. Part " and the title of this part as well as § § 52 and 53 shall be deleted.

27. § 53a (2) reads:

" (2) In addition, a railway infrastructure company has companies which produce rail vehicles to provide the rail infrastructure for the testing of rail vehicles with respect to cost replacement; these companies have the following To comply with the obligations of § 19. "

28. In Section 53c (5), the word shall be: "Driving equipment" by the word "Rail vehicles" replaced.

29. § 56 reads:

" § 56. The allocation body shall grant access to the rail infrastructure of the main and interconnected runways by means of a non-discriminatory allocation of train paths, with the registered office in Austria also having access to a non-discriminatory access point. Safety certificate part A and B, authorised persons with registered office in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area or in the Swiss Confederation in addition to one in their Member State of Safety certificate shall be accompanied by a safety certificate B. "

30. In § 57, the Z 3 is deleted and is the Z 4:


" 4.		Railway undertakings whose activities are not restricted solely to urban, suburban or regional transport, having their registered office in another Member State of the European Union, in another Contracting Party to the Agreement on European Economic Area or the Swiss Confederation for the provision of rail transport services in the freight transport sector; "

31. § 58 (2) (1) (1) reads:


" 1.		the co-use of their training facilities for railway staff responsible for the safety of the operation of rail vehicles on railways and railways and their training in the exercise of the access rights are required; "

32. The following paragraph 6 is added to § 58:

" (6) In so far as other services are to be made available, they shall be made available by the respective railway undertaking even if it is no longer able to provide them directly to such other services, but indirectly, for example in the contract with third parties. "

33. § 61 deleted.

34. In § 62 (2) and (3), the word group shall be "Company provided for in the Rail Infrastructure Finance Act" through the phrase "Rail Infrastructure Service Company mbH" replaced.

(35) The following paragraph 4 is added to § 62:

"(4) Rail infrastructure companies shall disclose to Rail Control GmbH the company to which they have contractually transferred all or part of the tasks associated with the function of an allocation body."

36. The following sentence is added to Article 65 (6):

"The Rail Control GmbH is an opportunity to take part in the hearing as an observer."

37. The following sentence shall be added to section 65b (1):

"The Rail Control GmbH is an opportunity to take part in the hearing as an observer."

38. § 65c (3), first sentence reads:

" If charges in accordance with § 67 (2) were not levied or if they did not result in a satisfactory result and was declared overloaded on the rail infrastructure, the allocation body in the network planning process has the desire to provide the necessary information. To give priority to the allocation of train paths for the provision of public services during rush hours. "

39. § 71 (1), first half-sentence reads:

" Each allocation body shall have the right of access authorised for the allocation of train paths or to the provision of other services of a railway infrastructure undertaking, as referred to in the rail network statement of use form, to examine and to negotiate; "

40. In Section 73a (1), the quote shall be: "§ 62 (2)" by quoting "§ 62 (3)" replaced.

41. After the 6. The following 6a is part. Part and 6b. Part inserted:

" 6a. Part

Access to other railways

Persons entitled to access to other railways

Section 75a. (1) If the provision of railway services in public transport to or from freight terminals or ports can be effected only by access to the rail infrastructure of a railway other than a main or networked secondary railway, the such railway undertakings shall be granted non-discriminatory access to the railway infrastructure by the allocation of train paths and, in order to access the railway infrastructure, beyond that access, under the conditions set out in § 58 Under normal conditions, the other services referred to in § 58 are subject to to make the exclusion of any discrimination available. The allocation of train paths and the provision of other services shall be in the form of a written contract.

(2) Can the provision of railway services from a public railway to a connecting railway or from a connecting railway to a public railway can only be carried out on the basis of the investment conditions above it for necessary railway systems of other railway undertakings, the railway undertakings operating these railway undertakings shall have the railway undertakings and railway undertakings operating the connecting railway, which shall be responsible for the provision of rail transport services on the public railway undertakings, access to these railway installations in order to provide rail transport services without discrimination in the transit traffic.

(3) The provisions relating to the regulation of the rail transport market, including the possibility of giving access to access by authorized railway undertakings to the Rail Control Commission and the rights of the railway undertakings, shall be subject to access under paragraphs 1 and 2 of this Article. regulatory authorities in accordance with § § 74, 74a and 75. For cases of access as referred to in paragraphs 1 and 2, the Rail Control Commission may, at the request of the railway undertaking operating the railway undertaking, make it easier to comply with the requirements laid down in the provisions relating to the regulation of the rail transport market. To the extent that it is not jeopardised by the achievement of the regulatory purpose (§ 54). Such facilities shall be granted, in particular, to the extent that there is no desire for access by third parties for the route or part of the route. In the case of the granting of relief, any existing contractual arrangements for the use of the route or the route part shall be taken into account if they do not preclude the achievement of the regulatory purpose.

Voluntarily granted access

§ 75b. (1) Railway undertakings entitled to the construction and operation of non-connected trams or trams shall be entitled, without prejudice to their obligations under this Federal Act, to other railway undertakings for the provision of rail transport services on a public Railway undertakings authorised to provide railway services voluntarily to grant access to railway installations of these railways by means of train paths. These shall not be subject to any further authorisation pursuant to this Federal Act for the exercise of this voluntarily granted access.

(2) The allocation of train paths as referred to in paragraph 1 shall take the form of a written contract to contain all the conditions relating to this access in respect of the administrative and technical arrangements. Such a contract shall be notified to the Authority (§ 12). It may be agreed in the contract that, in the event of a complaint, the railway undertaking entitled to access may call on the Commission to call the Rail Control Commission as a place of redress; in this case, the contract shall also be the Rails-Control GmbH.

6b. Part

Training facilities

Access to training facilities

§ 75c. (1) Operator of a training facility for training of railway staff, the activities to ensure the safety of the operation of a railway, the operation of railway vehicles on railways and the transport of railway vehicles , railway undertakings shall, without discrimination, have access to their training facilities for the training of such railway staff, the training of which shall be part of the issue of a safety certificate. A and B or a safety certificate part B is required.

(2) The remuneration to be paid for the training of railway staff shall be determined in accordance with the principle of reasonable cost and industry standard pay.

Audit, certificates

§ 75d. The training referred to in Article 75c shall have the necessary route knowledge, operating rules and procedures, signalling, train control, train control, train monitoring and applicable railway staff. To mediate the incident. The railway staff must be examined for the determination of the information provided and the results of the examination must be documented in certificates.

Complaint to the Rail Control Commission

§ 75e. (1) Where the right of access to the conclusion of a contract for the training of railway staff is refused, or an agreement between the operator of the training facility and the person entitled to access is not reached within three Months from the date of receipt of the request from the operator of the training facility, the access-authorized complaint may be made to the Rail Control Commission. The complaint shall be made in writing and shall include a request for the conclusion of a contract for the training of railway staff, together with the name of the essential content of the contract to which it is intended.

(2) The operator of the training facility to which the desire has been made has the rail control commission the documents required for the decision on the complaint within one week of being requested by the rail control system Commission.

(3) The Rail Control Commission may use the information contained in the documents referred to in paragraph 2 only in respect of the decision on the complaint.

(4) The Rail Control Commission shall, after consulting the operator of the training institution and the person entitled to access to training, decide to inform training bodies after the appeal has been lodged.

(5) The complaint with which access to training facilities is sought shall be accepted in the event of the legal requirements for the desired access to the training facility; in this case, the person entitled to access the training facility shall have the right to access the training facilities. Access to training facilities shall be given by the decision to be lodged with the complaint, which shall replace the conclusion of a written contract concerning the training of the railway staff; the communication shall have all the conditions relating to the training of the railway staff. administrative and financial arrangements.

(6) A decision adopted in accordance with paragraph 5 shall not preclude the subsequent conclusion of a contract for the training of railway staff between the entitled person entitled to access and the operator of the training facility. "

42. In § 77 (1) of the introduction, the number is deleted "61" .

42a. In § 77 (1) Z 4, the point after the word "Regulatory Bodies" is replaced by a line point and the following paragraph 5 is added:


" 5.		the activities of a Board of Appeal. "

43. In § 77 (2) the word "to be notified" by the word "chargeable" replaced.

43a. According to § 78, the following § § 78a and 78b together with the headings are inserted:

" Board of Appeal

§ 78a. (1) Without prejudice to the competence of the ordinary courts or authorities, local authorities, interest groups and clients may have access to complaints concerning the carriage of passengers, luggage or goods and which may be subject to the Railway infrastructure undertakings or railway undertakings have not been satisfactorily resolved by rail-control GmbH. In the case of submitted complaints by local authorities and interest groups, rail-control GmbH has in any case, and in case of submitted complaint cases, of customers in cases of fundamental importance or above-average Accumulation of equally stored complaints to seek a friendly solution. In both cases, it has a recommendation which is not binding and cannot be challenged to deal with the matter.

(2) In a directive, Rail-Control GmbH has to establish a procedure for the treatment of complaints in accordance with paragraph 1 and to publish it on its website. Railway infrastructure companies or railway undertakings affected by complaint cases shall participate and, in accordance with the requirements of the rail control GmbH, shall have all the necessary information to assess the relevant facts relevant to the complaint. To provide information.

(3) The Rail Control GmbH has to draw up a report on the customer satisfaction in the railway sector in general and on the complaints about the complaints in particular annually. The report shall be published in an appropriate manner, in any case on its website.

Activity Report

§ 78b. Rails-Control GmbH has an annual activity report on its activities carried out in the respective calendar year in the performance of all of its tasks in accordance with Section 77 of the Railway Act and its results, in particular the development of the Rail transport market by 30 June of the calendar year following the reference year. The report shall be published in an appropriate manner and shall be submitted by the Federal Minister for Transport, Innovation and Technology to the National Council. "

Article 81 (2) reads as follows:

" (2) The Rail Control Commission is in the 5. up to 6b. Part of this federal law assigned jurisdiction (§ § 53c, 53f, 64 para. 5, 65e para. 4, 72, 73, 74, 75a para. 3 and 75e) and the execution of appeals against the railings of rails-control GmbH. In the matters of Sections 53e (2), 75 (2), 77 (3) and 80 (1), it shall be the competent authority within the meaning of § § 5, 68 and 73 AVG. "

45. § 88 Z 1 reads:


" 1.	Main railway lines or parts thereof, as defined in Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (OJ L 327, 22.9.1996, p. No. 1), as amended by Decision No 884 /2004/EC (OJ L 145, 31.5.2001, p. No. OJ L 201 of 7.06.2004 (S 1), and the
a)		have been or are being built for use by high-speed trains and which are designed to provide high-speed trains in general with a minimum speed of 250 km/h for the provision of rail transport services; are to be used or to be used,
b)		have been or are being developed for use by high-speed trains and are designed to use high-speed trains at a speed of around 200 km/h for the provision of rail transport services or are intended to be used, or
c)		have been or have been or are being built up for use by high-speed trains and which are based on the requirements of the topography, the design of the surface or the urban environment, nature and on which the speed of the high-speed trains must be determined on a case-by-case basis; "

46. In § 88 Z 2, the word "Driving equipment" by the word "Rail vehicles" replaced.

47. According to § 90, the following § § 90a and 90b are inserted together with the headings:

" Retrofitting

§ 90a. Conversion is understood to mean extensive work for the modification of a subsystem or parts thereof, which lead to an improvement of the overall power of the subsystem.

Renewal

§ 90b. Renewal shall be understood to mean extensive work to replace a subsystem or parts thereof which do not lead to a change in the overall performance of the subsystem. "

48. In accordance with § 92, the following § 92a shall be inserted with the title:

" Provision of data

§ 92a. The Federal Minister of Transport, Innovation and Technology has the European Railway Agency responsible for drawing up the TSIs to provide all the data necessary to ensure that it is drawn up, adopted or reworked. TSI shall allow the consideration of all foreseeable costs and the foreseeable benefit of all technical solutions tested and the interface between them, with the aim of identifying and implementing the most advantageous solutions. The railway undertakings shall have such available data available to the Federal Minister for Transport, Innovation and Technology. "

49. § 95 together with the title is:

" Assessment of conformity or suitability for use

§ 95. (1) In order to assess the conformity or suitability for use of an interoperability constituent, the conformity or suitability for use of an interoperability constituent shall be as defined in the relevant TSI or in a European specification drawn up in the performance of a TSI. Use the method of use of a European specification referred to in the TSI or in the implementation of the TSI. Where such a procedure proves to be compliant or useful for use, this is to be recorded in a certificate by the body which has carried out the conformity or use-dustness procedure. The certificate justifies the rebuttable presumption that the interoperability constituent meets the essential requirements relating to it.

(2) Where a TSI is not adopted, the conformity or suitability for use of an interoperability constituent with the essential requirements in question shall be assessed on the basis of the relevant European specifications. In the absence of any relevant European specifications, the conformity or suitability for use of an interoperability constituent with the essential requirements relating to it shall be based on the common standards and technical standards. Assess specifications.

(3) The Federal Minister for Transport, Innovation and Technology has an updated list of the customary standards and technical specifications to be drawn up in accordance with paragraph 2 on the Internet site of the Federal Ministry of Economics and Technology for the Federal Republic of Germany. transport, innovation and technology. "

Section 96 (1) reads as follows:

" (1) For an interoperability constituent, the manufacturer or his authorised representative established within the Community must issue an EC declaration which is Annex IV to Directive 96 /48/EC on the interoperability of the trans-European network. High-speed rail system. The TSIs provisions relating to the interoperability constituent shall be applied, including the European specifications drawn up in the performance of a TSI, and shall not be subject to TSIs in this case, European specifications shall be , the common standards and technical specifications shall be applied. "

51. § 96 (2) deleted.

52. In § 99 (2) (1), the word order shall be "Approval pursuant to § 36" by the word "component type-approval" replaced.

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

" (3) The Federal Minister of Transport, Innovation and Technology shall also have on the Internet the references to the acts adopted by the TSIs in the Official Journal of the European Union and, insofar as the date of their entry into force does not in any case come from that Acts themselves can be seen to be aware of the timing of their entry into force. "

54. § 100 with headline reads:

" Non-applicability of the TSI

§ 100. (1) In the following cases, the Federal Minister for Transport, Innovation and Technology, has to declare with communication certain TSIs, including those for rail vehicles, not to be applicable:


1.		in the case of projects for the construction of a main railway and for projects for the renewal or upgrading of existing main railways which are at an advanced stage of development at the time of publication of the TSIs in question, or the subject-matter of which: a contract in the implementation of the contract;
2.		in the case of projects for the renewal or upgrading of existing main railway lines, if the TSI for the clearance gauge, the track gauge, the track distance or the electrical voltage provide for values which are equivalent to the corresponding values of these existing main railway lines; are incompatible;
3.		for renewal, extension or upgrading of an existing main railway, where the application of the TSIs in question would endanger the economic viability of the project or ensure consistency with other rail tracks would be affected;
4.		in the case of projects for the rapid restoration of a main railway which has been destroyed or damaged by natural disaster, if the conditions for a partial or full application of the TSI are not economically or technically .

(2) In all the cases referred to in paragraph 1, the Federal Minister for Transport, Innovation and Technology has to inform the European Commission of the proposed exemption and to submit to it a document in which the TSIs are or parts thereof which are not to be applied, and the appropriate specifications to be applied. In the cases referred to in paragraph 1 (1) (2) and (3), the decision of the European Commission shall be await before the date on which the decision is taken. "

55. The following sentence shall be added to section 101 (1):

" The contract shall also include the examination of the interfaces of the subsystem concerned with the system of which it forms part; in so far as such information exists, this examination shall, on the basis of the provisions of the TSI, with the exception of one any information which has not been declared applicable and the information available in the infrastructure and rail vehicle register. "

56. § 104 Z 1 reads:


" 1.		Side-ways and from the scope of the 1. Main sections of non-recorded main railways, to the extent that these rail tracks are covered by Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (OJ L 327, 22.9.1996, p No. 1), as amended by Decision No 884 /2004/EC (OJ L 145, 31.5.2001, p. No. OJ L 201 of 7.06.2004 (S 1); "

57. In § 104 Z 2, the word "Driving equipment" by the word "Rail vehicles" , and replace the point with a stroke, the following Z 3 is added:


" 3.		other main railways, other interconnected runways and other rail vehicles operated on such railways, if these main railways, subways and rail vehicles are within the scope of a technical specification for the Interoperability. "

58. § § 107 and 108 with headings are:

" Retrofitting

§ 107. Conversion is understood to mean extensive work for the modification of a subsystem or parts thereof, which lead to an improvement of the overall power of the subsystem.

Renewal

§ 108. Renewal shall be understood to mean extensive work to replace a subsystem or parts thereof which do not lead to a change in the overall performance of the subsystem. "

59. In § 109 (1) (2) (2) the word "Trans-European" .

60. § 110 reads:

" § 110. The essential requirements are those conditions which must be met by the conventional trans-European rail system, subsystems and interoperability constituents, including interfaces, and those laid down in Annex III to the Directive Directive 2001 /16/EC on the interoperability of the conventional rail system. "

61. § 111 First sentence reads:

" The Federal Minister of Transport, Innovation and Technology has the European Railway Agency responsible for drawing up the TSIs to provide all the data necessary to ensure that it is drawn up, adopted or reworked. TSI shall allow for all foreseeable costs and for the foreseeable benefit of all technical solutions tested and the interface between them, with the aim of identifying and implementing the most advantageous solutions. "

62. § 114 together with the title is:

" Assessment of conformity or suitability for use

§ 114. (1) In order to assess the conformity or suitability for use of an interoperability constituent, the conformity or suitability for use of an interoperability constituent shall be as defined in the relevant TSI or in a European specification drawn up in the performance of a TSI. Use the method of use of a European specification referred to in the TSI or in the implementation of the TSI. Where such a procedure proves to be compliant or useful for use, this is to be recorded in a certificate by the body which has carried out the conformity or use-dustness procedure. The certificate justifies the rebuttable presumption that the interoperability constituent meets the essential requirements relating to it.

63. § 115 (1) reads:

" (1) For an interoperability constituent, the manufacturer or his authorised representative established within the Community shall issue an EC declaration which is Annex IV to Directive 2001 /16/EC on the interoperability of the conventional system. railway system. The TSIs provisions relating to the interoperability constituent shall be applied, including the European specifications drawn up in the performance of a TSI, and shall not be subject to TSIs in this case, European specifications shall be , the common standards and technical specifications shall be applied. "

Section 115 (2) is deleted.

65. § 117 reads:

" § 117. Sub-systems are the subdivision of the trans-European conventional rail system into structural or functional subsystems in accordance with Annex II of Directive 2001 /16/EC on the interoperability of the conventional trans-European rail system. Railway system. "

66. § 118 sec. 2 Z 1 reads:


" 1.		a building permit, a component type-approval and an operating licence for a structural subsystem, in addition to other authorisation requirements, on condition that it is based on the usual technical Requirements are in accordance with the essential requirements and have "

67. The following paragraph 3 is added to § 118:

68. In § 119, paragraph 1, the word "Driving equipment" by the word "Rail vehicles" is replaced and is the Z 1:


1.		in the case of a project for the construction of a main or secondary railway, and in the case of projects for the renewal or upgrading of existing main or secondary railways which are at an advanced stage of development at the time of publication of the TSIs in question , or which are the subject of a contract in the implementation of the Treaty; "

69. In § 119 para. 1, the Z 5 is deleted and in the Z 4 the line item is replaced by a point.

70. In § 119, para. 2, the word order shall be "Z 2, 3 and 5" through the phrase "Z 2 and 3" replaced.

71. In § 120 (1) the word shall be deleted "Trans-European" and the word shall be "Driving resources register" by the word "Rail Vehicle Register" replaced.

72. The title before § 122 reads:

" 3. Main item

Infrastructure and rolling stock registers

Contents of the registers "

73. § 122 First sentence reads:

" For the main railways, subways and rail vehicles covered by the first and second main items, the railway infrastructure undertakings and the railway undertakings and other undertakings operating such rolling stock shall have the right to: provide transport, an infrastructure register and a rail vehicle register. "

74. § 123 reads:

" § 123. The infrastructure registers and rolling stock registers shall be published on the Internet and shall be updated at annual intervals. The Rail Infrastructure Services Company mbH shall be provided free of charge with two copies of these registers and their annual updating. A copy of these registers and of the annual update shall be submitted by the railway infrastructure service company mbH of the European Railway Agency. "

75. According to § 123, the following § § 123a to 123c together with headline are inserted:

" 4. Main item

Settings tab

Erection and guidance

§ 123a. The railway infrastructure service company mbH has been operating under the 8th for the collection of all the operating companies. To set up and maintain a register of hiring vehicles. It shall assign an alphanumeric code to the rail vehicles registered by the register of recruitment. These rail vehicles shall be notified by railway undertakings and other undertakings providing such rolling stock for transport purposes in the register of hiring registers and the allocation of an alphanumeric code.

Contents

§ 123b. The register of recruitment shall be in accordance with the common specifications laid down in a procedure laid down in Article 21 (2) of Directives 96 /48/EC and 2001 /16/EC.

Access to data

§ 123c. The rail infrastructure service company mbH has to make provision for access to the data contained in the settings register:


1.		the Federal Minister of Transport, Innovation and Technology;
2.		in the event of a legitimate interest, others, such as the European Railway Agency, the Rail Control GmbH and the railway infrastructure companies, in particular. "

76. In § 124 (1), the quote "§ § 38 to 44" by quoting § § 42, 43, 46 to 47b " and the quote "§ § 46 and 49" by quoting "§ § 47c and 49" replaced.

Section 124 (2) reads as follows:

" (2) An administrative surrender is to be punished by the district administrative authority with a fine of up to 2 180 euros, who


1.		Contrary to § 21a, the conduct, including the training of railway staff, is not regulated by general arrangements,
2.		Contrary to Section 22 (2), fares and timetables are not published in good time before their entry into force,
3.		Contrary to Article 22 (5), the information necessary for the calculation of the transport prices and the essential provisions of the conditions of carriage are not made known by means of a suitable location,
4.		Contrary to Article 25, without the necessary authorisation, a public railway or parts of a public railway shall be sold or leased and the whole or part of the operation of a public railway or of parts of a public railway Rail otherwise leaves or otherwise leaves the traffic on a public railway or on parts of a public railway,
5.		, contrary to § 26 of the Authority, does not provide any necessary information to the authorities, does not present all business records, books and other documents relating to inspection and examination or does not keep records of the business operations in such a way that the the authority may at any time make the findings necessary for the performance of its tasks,
6.		, contrary to Article 37c (3), a safety certificate part A and B, or a safety certificate part B, shall not be returned to the authority uninvited,
7.		, contrary to Section 38c (2), a security authorisation shall not be returned to the Authority, or
8.		shall be contrary to the provisions of the Regulations adopted pursuant to Section 19 (4) and (5) and (47c). "

78. In § 124 (5) Z 1 the word order shall be "Police or Gendarmerie Service" by the word "Police Service" replaced.

79. In § 124 (6) the entry rate is:

" The Federal Police Directorate and the organs of the Federal Police have been involved in the enforcement of § § 43 (1), 46, 47 (1), 47a and 47b, as well as of the regulations and of the type adopted pursuant to sections 47c and 49 of the regulation. IX (1) Z 5 of the EGVG "

80. § 125 reads:

" § 125. An administrative surrender is to be punished by the district administrative authority with a fine of up to EUR 7 000, who


1.		a public railway without the necessary concession or a non-public railway without the necessary authorisation to build or operate;
2.		Rail transport services without the concession required for this purpose, transport authorisation, a permit or authorisation to be granted for a traffic permit in accordance with § 41, a traffic concession or an authorisation pursuant to § 17,
3.		Contrary to § 19a, railway equipment, operating equipment, including rail vehicles and other types of railway equipment, shall not be regularly checked, or the authority shall not submit the examination certificate to be issued,
4.		Contrary to § 19b, measures are contrary to the authorities or the holding resumes without official authorisation for safety reasons in the case of an official cessation of security,
5.		Contrary to § 21, no manager or at least one deputy shall be appointed for the operating manager,
6.		Contrary to § 29, a permanently operating railway or permanently operating parts of a railway does not leave;
7.		Contrary to § 29, paragraph 4, buildings or installations shall not be open;
8.		Contrary to § 30, no railway supervisors shall determine or disregard the dismise of the authority,
9.		a railway system or a non-stationary railway safety device without the necessary railway construction permit would be built or modified,
10.		a railway system or a non-stationary railway safety device without the operating permit required for this purpose,
11.		a rail vehicle without the type-approval required for this purpose shall be put into service;
12.		A rail vehicle, contrary to § 32c, shall enter into service in general passenger, baggage or passenger transport operations,
13.		take up a rail vehicle without the operating licence required for this purpose;
14.		take up a rail vehicle on such railways which are not covered by component type-approval,
15.		contrary to Article 37, without a safety certificate, Part A and B or, without a safety certificate, Part B, access on the main railways or connected side-tracks;
16.		the obligation to notify in accordance with section 37c (2) does not comply; or
17.		, contrary to § 38, without a safety authorisation, operates the main railways or networked secondary railways, or operates railway vehicles for the operation of such railways. "

81. In § 126 (4), paragraphs 3 and 4 are deleted.

(82) In § 127 (2), the word "Vehicle Register" by the word "Rail Vehicle Register" and the phrase " the Federal Minister for Transport, Innovation and Technology " through the phrase "the rail infrastructure service company mbH" replaces and eliminates the word sequence "as a railway infrastructure undertaking or a railway undertaking" .

83. The title before § 130 reads:

" 2. Main item

Relationship with other legislation, references

Relationship with other legislation "

§ 130 (2) to (5) and (8) to (10) are omitted; in paragraph 7, the description of the classification "(7)" .

85. According to § 130, the following § 130a and heading is inserted:

" Reference to acts of the European Community

§ 130a. The following acts of the European Community are implemented by this Federal Act:


1.		Directive 91 /440/EEC on the development of the Community's railways, OJ L 230, 17.7.1991. No. OJ L 237, 24.08.1991 p. 25, as last amended by Directive 2004 /51/EC, OJ L 237, 24.8.2004, p. No. OJ L 164, 30.4.2004, p. 164;
2.		Directive 95 /18/EC on the licensing of railway undertakings, OJ L 134, 30.4.1995, p. No. OJ L 143 of 27.06.1995 S 70, as last amended by Directive 2004 /49/EC, OJ L 143, 30.4.2004, p. No. OJ L 164, 30.04.2004 p. 44;
3.		Directive 2001 /14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, OJ L 197, 21.7.2001, p. No. 29), as amended by Directive 2004 /49/EC, OJ L 327, 30.12.2004, p. No. OJ L 164, 30.04.2004 p. 44;
4.		Directive 96 /48/EC on the interoperability of the trans-European high-speed rail system, OJ L 124, 20.4.1996 No. 06. as amended by Directive 2004 /50/EC, OJ L 344, 28.12.2004, p. No. OJ L 164, 30.4.2006, p. 114;
5.		Directive 2001 /16/EC on the interoperability of the conventional rail system, OJ L 197, 21.7.2001.. No. OJ L 110 of 20.04.2001 p. 01, as amended by Directive 2004 /50/EC, OJ L 327, 30.12.2004, p No. OJ L 164, 30.4.2006, p. 114;
6.		Directive 2004 /49/EC on safety on the Community's railways and amending Council Directive 95 /18/EC on the licensing of railway undertakings and Directive 2001 /14/EC on the allocation of infrastructure capacity of railway undertakings Rail, the levying of charges for the use of railway infrastructure and the safety certificate, OJ L 327, 28.4.2002, p. No. OJ L 164 of 30.04.2004 p. 44.

86. § 131 together with the title is:

" referrals

Section 131. (1) Where reference is made in this Federal Act to provisions of other federal laws, the reference shall be to the version in force in each case.

(2) Where reference is made in this Federal Act to the Annexes to Directive 96 /48/EC on the interoperability of the trans-European high-speed rail system, these are to be applied in the version of Directive 2004 /50/EC.

(3) Where reference is made in this Federal Act to the Annexes to Directive 2001 /16/EC on the interoperability of the conventional rail system, these are to be applied in the version of Directive 2004 /50/EC. "

87. According to § 131, the following § 131a and heading is inserted:

" Personal designations

§ 131a. All personal designations used in this Federal Act apply equally to persons of both female and male sex. "

88. The paragraph of paragraph 132 reads as follows:

" Transitional provisions on the Federal Law BGBl. No 60/1957 "

89. In § 132 (1), the word group "Entry into force of this Federal Law" through the word group " In-Kraft-Tretens des Bundesgesetz BGBl. No 60/1957 " replaced.

Article 132 (2) reads as follows:

" (2) The regulations adopted pursuant to this Federal Act shall be subject to the condition that the safety and order of the operation of the railway, the operation of railway vehicles on the railway and the traffic on the railway are maintained. on existing railways is only applicable in so far as the resulting changes do not entail disproportionate costs. "

91. § 132 (5) deleted.

92. In § 133, paragraphs 2, 3, 4, 5, 8, 9, 10 and 11 are deleted.

93. In accordance with § 133, the following § 133a together with the heading is inserted:

" Transitional provisions on the Federal Law BGBl. No 125/2006

§ 133a. (1) At the time of the proclamation of the Federal Law BGBl. No 125/2006 on the construction and operation of a non-public railway authorisations for the provision of rail transport services on the railways designated in the permit shall continue to be authorised.

(2) § 57 Z 4 shall apply only to the extent to which the activities of railway undertakings with the registered office in the Swiss Confederation, whose activities are not restricted to urban, suburban or regional transport, are limited to the extent to which the Reciprocity is guaranteed. If there is no reciprocity, access to the main and interconnected trams is limited to rail transport undertakings established in the Swiss Confederation.


1.		for the provision of rail transport services in cross-border combined transport of goods and
2.		for the provision of other international rail transport services in the freight transport sector
to be discriminated against.

(3) § 58 shall apply only to the extent to which reciprocity is applied to railway undertakings established in the Swiss Confederation whose activities are not confined solely to urban, suburban or regional transport. is guaranteed.

(4) Until the end of 31 December 2006, Article 57 (4) shall apply, subject to the proviso that railway undertakings established in another Member State of the European Union, in another Contracting Party to the Agreement on the European Union, shall apply: The Economic Area or the Swiss Confederation shall be entitled only to the provision of international rail transport services for the carriage of goods.

(5) Before the end of the day, the Federal Law Gazette BGBl. I No 125/2006 by rail infrastructure undertakings for railway undertakings established in Austria or having a security certificate issued beyond the expiry of 31 December 2010, they are not withdrawn before the end of December 31, 2010 as security certificates A and B. The Federal Law Gazette (BGBl) before the end of the day of the customer's presentation of the Federal Law. No 125/2006 of railway infrastructure undertakings for railway undertakings established in Austria with a security certificate not exceeding the expiry of 31 December 2010 shall not be subject to the provisions of this Directive, before the expiry of this period of time, in the form of safety certificates, part A and B. If, six months before the expiry of the security certificate, a request for the issuing of a safety certificate part A and B has been submitted to the The Federal Minister of Transport, Innovation and Technology has been introduced such safety certificates, which are not withdrawn in advance, as long as they are frozen, but not later than 31 December 2010, as safety certificates, part A and B, when the application has not been decided upon.

(6) Before the end of the day, the Federal Law Gazette BGBl. No 125/2006 by rail infrastructure undertakings for railway undertakings established in another Member State of the European Union, in another Contracting Party to the Agreement on the European Economic Area or in the European Union Safety certificates issued by the Swiss Confederation shall not be withdrawn until the expiry of their term of office, but at the latest until 31 December 2010, as a security certificate, Part B. Expiry of the day of the proclamation of the Federal Law BGBl. No 125/2006 shall apply to safety certificates issued to such railway undertakings in their State of State, unless they are withdrawn in advance until the expiry of their term of office, but at the latest until 31 December 2010, in the Other than proof of a safety certificate Part A and B.

(7) Until the end of June 30, 2008, the commissioning of main railway lines and connected secondary railways as well as their modifications shall be deemed to be a safety authorisation within the meaning of § 38.

(8) The permits issued before the end of the day of the presentation of Federal Law 125/2006 and during the transitional period pursuant to paragraph 14 for buildings or art buildings pursuant to section 36 para. 2 in the version prior to the entry into force of § 31 in the version of the Federal Law BGBl. No 125/2006 shall be deemed to have been granted to railway construction permits.

(9) The Federal Law BGBl before the end of the day of the customer's presentation. No 125/2006 and in the transitional period provided for in paragraph 14 in the individual case for railway safety equipment approvals pursuant to section 36 (3) of the current version shall be deemed to have been granted railway construction permits and to Approvals granted pursuant to Section 36 (3) of the current version of the type plans for railway safety engineering facilities are considered to be granted as granted type approvals.

(10) Before the end of the day, the Federal Law Gazette BGBl. No 125/2006 for rail vehicles has been granted in accordance with Section 36 (3) of the current version as granted, as granted type-approval.

(11) In the case of existing rail vehicles which have been made available for transport before 1 July 2007, railway undertakings which have so far assigned the rail vehicle code have collected the data on this Rail infrastructural service company mbH. These rail vehicles do not have to be registered separately for registration in the recruitment register and for these rail vehicles the existing code is maintained up to a general or officially changed assignment as amended.

(12) Before the end of the day, the Federal Law Gazette BGBl. I n ° 125/2006 for rail vehicles applications for the granting of the authorisation pursuant to Section 36 (3) of the current version shall be deemed to be applications for the granting of component type-approval. Contrary to Section 32a, such requests do not have to be given an opinion.

(13) The German Federal Law Gazette (BGBl) according to § 19a of the Federal Law of the Federal Republic In the case of railway undertakings which have already existed before 1 April 2002, the regular periodic review shall be carried out at the latest by the end of 31 December 2008 at the latest. For railway undertakings, which shall be between 1 April 2002 and the in-force of § 19a in the version of the Federal Law BGBl. I No 125/2006, the periodic review shall be carried out for the first time not later than five years after the end of the day of the opening of the operating period; this date shall be before the end of 31 December 2008, and shall be regular However, it shall only be carried out until 31 December 2008.

(14) On the expiry of the day of the presentation of the Federal Law BGBl. (i) No 125/2006 pending administrative procedures should be continued in accordance with the provisions of the previous rules. This shall not apply to the following administrative procedures pending at this time:


1.		administrative procedures for rail vehicles to issue approval on the basis of type plans or in the individual case in accordance with section 36 (3) in the version currently in force;
2.		Administrative procedures for the granting of the authorisation pursuant to Section 36 (3) of the previously applicable version for railway technical installations on the basis of type plans or in individual cases, in so far as it is not a matter of technical railway safety equipment , these administrative procedures shall be subject to a modest adjustment, if they are not railway safety installations;
3.		Administrative procedures for the granting of authorisation for non-public railways in accordance with § § 51 and 52, respectively, in the version currently in force.

(15) The end of the day of the presentation of the Federal Law BGBl. No 125/2006 pending administrative procedures are, by way of derogation from paragraph 14, in accordance with the procedure laid down by the Federal Law Gazette (BGBl). I n ° 125/2006, if requested by the provider of the application for proceedings.

(16) With the end of the day the proclamation of the Federal Law BGBl (Federal Law Gazette). No 125/2006 for a construction project has already been granted the construction permit in accordance with section 36 (1) of the current version, and would be subject to the current legal situation in accordance with Section 36 (2), in accordance with § 36 (2) and 3, or in accordance with section 36 (3), all in the version currently in force, is required for the railway installations which are not or not fully covered by the existing railway-law building permit for such a construction project, or railway safety equipment, an iron railway-legal building permit according to § 31 required.

(17) § § 39c and 39 (1) (1) and (3) are not applicable prior to the release of common security objectives and relevant parts of the common security methods. Up to the entry into force of Community rules on the safety management system in the sense of the 10th Main piece of the 3. In part, railway undertakings based in Austria and railway infrastructure companies have to introduce quality or safety management systems which comply with the relevant European standards (for example, series ÖNORM-EN ISO 9000, ÖNORM-EN 13816), and to have them certified. Such quality and safety management systems will be regulated by Community legislation on the safety management system within the meaning of the 10. Main piece of the 3. A part of a certified safety management system shall be kept in accordance with these provisions.

(18) § 36 (1) is also on such a day before the end of the day of the proclamation of the Federal Law BGBl. No 125/2006 structures, modifications and abtrations which, at the time of their implementation, have not been granted an iron-rail construction permit, even if they do not comply with the provisions of this Federal Law have been executed under the guidance of a person under the list in accordance with § 40.

(19) On the expiry of the day of the presentation of the Federal Law BGBl. No 125/2006 by the Authority in accordance with Section 43 (7) of the current version, the terms of use or terms of use shall be deemed to be the conditions prescribed by the railway undertaking.

(20) The results of a prospective search for the continued operation of a railway or an extension part of the same, which are available before the end of 31 May 2008, may, in the case of an application after that date, be proof of the success of the railway system. Efforts are being used.

(21) Up to the entry into force of § § 28 and 29 in the version of the Federal Law BGBl. I No 125/2006 is to be applied in the version prior to the entry into force of these two paragraphs. '

94. The following paragraph 7 is added to § 135:

" (7) § § 123a to 123c together with transcripts in the version of the Federal Law BGBl. I No 125/2006 will enter into force on 1 July 2007. § § 28 and 29 in the version of the Federal Law BGBl. I No 125/2006 will enter into force on 1 June 2008. '

95. The 1. The following table of contents is prefixed:

" TOC

Part 1: Definitions
§ 1.	Railways
§ 1a.	Railway infrastructure companies
§ 1b.	Railway undertakings
§ 1c.	Integrated railway undertakings
§ 1d.	International grouping
§ 1e.	Urban and suburban transport
§ 1f.	Regional transport
§ 1g.	International freight transport
§ 2.	Public Railways
§ 3.	Non-public railways
§ 4.	Main railways, runways
§ 5.	Trams
§ 7.	Connecting paths
§ 8.	Material webs
§ 9.	Common security methods
§ 9a.	Common security objectives
§ 9b.	State of the art
§ 10.	Railway installations
§ 10a.	Rail infrastructure
Part 2: responsibilities and tasks of the railway authorities
§ 11.	Decision on preliminary questions
§ 12.	Public authority
§ 13.	Agency Tasks
§ 13a.	Annual report
§ 13b.	Security recommendations
3. Part: Construction and operation of railways, construction and operation of rail vehicles on railways and traffic on railways
1. Main piece: concession
§ 14.	Requirement of concession
§ 14a.	Concession proceedings
§ 14b.	Time limit for operation, duration of concession
§ 14c.	Acquisition of a railway
§ 14d.	Extension of the concession period
§ 14e.	Concession Withdrawal
§ 14f.	Quenchment of the concession
2. Main item: Transport permit
§ 15.	Requirement of transport authorisation
§ 15a.	Documents relating to the application
§ 15b.	Requirements
§ 15c.	Reliability
§ 15d.	Financial performance
§ 15e.	Professional competence
§ 15f.	Decision making
§ 15g.	Time limit for transport
§ 15h.	Reviews
§ 15i.	Deprivation, restriction
§ 15j.	Participation obligations
§ 15k.	Deletion of traffic permit
3. Main piece: Transport concession
§ 16.	Transport concession requirement
§ 16a.	Documents relating to the application
§ 16b.	Requirements
§ 16c.	Time limit for transport
§ 16d.	Reviews
§ 16e.	Deprivation, restriction
§ 16f.	Extinguisher of the traffic concession
4. Main item: Approval for non-public railways
§ 17.	Approval requirement
§ 17a.	Approval procedure
§ 17b.	Works transport, restricted-public transport
5. Main piece: Rights of the railway undertaking
§ 18.	Construction and operating rights
§ 18a.	Protection against unreasonable competition
§ 18b.	Right of expropriation
§ 18c.	Patient rights
§ 18d.	Rail replacement traffic
6. Main piece: obligations of the railway undertaking
§ 19.	Arrangements
§ 19a.	Periodic reviews
§ 19b.	Setting for security reasons
§ 19c.	Reporting obligation in case of accidents and incidents
§ 20.	Transport facilities, watercourses
§ 20a.	Cemeteries, protective buildings
§ 21.	Operational Manager
§ 21a.	General arrangements for railway staff
§ 22.	Tariff, schedule
§ 23.	Direct handling, continuous tariff
§ 24.	Public services
§ 25.	Legal acts subject to authorisation
§ 26.	Obligation to provide information for the railway undertaking
§ 27.	Facilitation
§ 28.	Cessation of economic unacceptability
§ 29.	Dismissal of a railway
§ 30.	Railway supervisory bodies
7. Main piece: Construction, modification and commissioning of railway systems, non-stationary railway safety installations and commissioning of rail vehicles
1. Section: Railway Legal Construction Approval
§ 31.	Requirement of a railway construction permit
§ 31a.	Application
§ 31b.	Design
§ 31c.	Oral proceedings
§ 31d.	Touched interests
§ 31e.	Parties
§ 31f.	Approval requirements
§ 31g.	Construction deadline
2. Section: component type-approval
1. Subsection: Rail vehicles
§ 32.	Requirement of component type-approval
§ 32a.	Application
§ 32b.	Approval requirements
§ 32c.	Permissions
§ 32d.	Fixed-term contracts in component type-approval
§ 32e.	Fixed-term testing of rail vehicles
2. Subsection: Railway safety equipment
§ 33.	Admissibility of component type-approval
§ 33a.	Application
§ 33b.	Approval requirements
§ 33c.	Fixed-term contracts in component type-approval
Section 3: Operating permit
§ 34.	Requirement of operating licence
§ 34a.	Connection with other approvals
§ 34b.	Application
§ 35.	Granting of operating licence
Section 4: Approval-free projects
§ 36.
8. Main item: Safety certificate
§ 37.	Requirement of a safety certificate
§ 37a.	Provisions of the railway undertaking
§ 37b.	Issue of certificates
§ 37c.	Withdrawal of certificates
§ 37d.	Participation obligations
9. Main item: Security Approval
§ 38.	Requirement of a security permit
§ 38a.	Evidence of measures taken by the railway infrastructure company
§ 38b.	Exhibition of Security Approval
§ 38c.	Withdrawal of the security permit
§ 38d.	Participation obligations
10. Main piece: Safety management system, safety report
§ 39.	Introduction of a security management system
§ 39a.	Purpose of the security management system
§ 39b.	Essential elements of the safety management system
§ 39c.	Certification of the security management system
§ 39d.	Security Report
11. Main piece: Other
§ 40.	List of technical fields of railway engineering
§ 40a.	Pre-Work
§ 40b.	Federal Law of the Federal Republic of Germany
§ 41.	Foreign acts
3a. Part: Regulations, behaviour within railway systems
1. Main piece: Anrainerclauses
§ 42.	Construction prohibited area
§ 43.	Hazardous area
§ 43a.	Fire area
§ 44.	Elimination of an illegal state
§ 45.	Elimination of risk-bearing hazards
2. Main piece: behaviour within railway systems and in rail vehicles
§ 46.	Behaviour within the railway systems
§ 47.	Entry for non-specific points of railway installations
§ 47a.	Use of non-public railway crossings
§ 47b.	Rail users
3. Main item: Other
§ 47c.	Protection rules
4. Part: intersections with traffic routes, railway crossings
1. Main piece: Construction redesign of traffic routes
§ 48.	Arrangement of the constructional transformation
2. Main piece: rail-rich rail crossings
§ 49.	Securing and behavior when approaching and translating
3. Main piece: connecting tracks, material webs
§ 50.
Part 5: Link of railway tracks
§ 53a.	Connection and co-use
§ 53b.	Treatment of connection and co-use requests
§ 53c.	Complaint to the Rail Control Commission
§ 53d.	Presentation of contracts
§ 53e.	Compulsory measures
§ 53f.	Competition supervision
6. Part: Regulation of the rail transport market
1. Main piece: General
§ 54.	Purpose
§ 55.	Separation measures
2. Main piece: Access to the rail infrastructure of the main and secondary railways
1. Section: General
§ 56.	Access to rail infrastructure
§ 57.	Beneficiaries
§ 57a.	Requirements for access rights
§ 58.	Other benefits
§ 59.	Rail Network Terms and Conditions
§ 59a.	Terms and conditions
§ 59b.	Reservation Cost
§ 60.	Withdrawal of train paths
§ 62.	Allocation Body
2. Section: Allocation of train paths
§ 63.	Allocation principles
§ 64.	Framework
§ 64a.	Cooperation of allocation bodies
§ 65.	Network plan creation
§ 65a.	Infrastructure capacity for regular maintenance
§ 65b.	Coordination procedure
§ 65c.	Overloaded rail infrastructure
§ 65d.	Capacity Analysis
§ 65e.	Plan to increase infrastructure capacity
§ 66.	Special measures for disturbances
Section 3: Use charges and other charges
§ 67.	Rules for the determination of the use charges
§ 68.	Determination of the use charges
§ 68a.	Negotiations on the level of the use of the user
§ 69.	Collection of charges for use
§ 70.	Other charges
4. Section: Treatment of desire, complaint, competition supervision
§ 70a.	Legal Form
§ 71.	Treatment of assignment and performance desires
§ 72.	Complaint against the allocation body
§ 73.	Complaint against a railway undertaking
§ 73a.	Submission of contracts and documents
§ 74.	Competition supervision
§ 74a.	Disclosure requirements
§ 75.	Compulsory measures
6a. Part: Access to other railways
Section 75a.	Persons entitled to access to other railways
§ 75b.	Voluntarily granted access
6b. Part: Training facilities
§ 75c.	Access to training facilities
§ 75d.	Audit, certificates
§ 75e.	Complaint to the Rail Control Commission
Part 7: Regulators
1. Main piece: rails-Control GmbH
§ 76.	Foundation of the rails-Control GmbH
§ 77.	Tasks of the rails-Control GmbH
§ 78.	Procedural rule, instance train
§ 78a.	Appeal body
§ 78b.	Activity Report
§ 79.	Supervision
§ 80.	Expense of the rails-Control GmbH
2. Main piece: rails-Control Commission
§ 81.	Installation of the rails-Control Commission
§ 82.	Composition of the rails-Control Commission
§ 83.	Resolution and Rules of Procedure
§ 84.	Procedural rule, instance train
§ 85.	Costs and compensation of Members
8. Part: Interoperability
1. Main item: Interoperability-High-speed rail system
1. Section: General
§ 86.	Purpose
§ 87.	Scope
§ 88.	Austrian high-speed rail system
§ 89.	Interoperability
§ 90.	Technical specifications for interoperability (TSI)
§ 90a.	Conversion
§ 90b.	Renewal
§ 91.	Notified bodies
§ 92.	Basic requirements
§ 92a.	Provision of data
2. Section: Interoperability components
§ 93.	Definition
§ 94.	In-traffic
§ 95.	Assessment of conformity or suitability for use
§ 96.	EC declaration
§ 97.	Incorrect EC declaration
Section 3: Subsystems
§ 98.	Definition
§ 99.	Compliance with the essential requirements
§ 100.	Non-applicability of the TSI
§ 101.	EC declaration of verification
§ 102.	EC verification
2. Main item: Interoperability-Conventional trans-European rail system
1. Section: General
§ 103.	Purpose
§ 104.	Conventional Austrian rail system
§ 105.	Interoperability
§ 106.	Technical specifications for interoperability (TSI)
§ 107.	Conversion
§ 108.	Renewal
§ 109.	Notified bodies
§ 110.	Basic requirements
§ 111.	Provision of data
2. Section: Interoperability components
§ 112.	Definition
§ 113.	In-traffic
§ 114.	Assessment of conformity or suitability for use
§ 115.	EC declaration
§ 116.	Incorrect EC declaration
Section 3: Subsystems
§ 117.	Definition
§ 118.	Compliance with the essential requirements
§ 119.	Non-applicability of the TSI
§ 120.	EC declaration of verification
§ 121.	EC verification
3. Main piece: Infrastructure and Rail Vehicle Register
§ 122.	Contents of the registers
§ 123.	Publication of the registers
4. Main item: Settings register
§ 123a.	Erection and guidance
§ 123b.	Contents
§ 123c.	Access to data
9. Part: Final provisions
1. Main piece: Penalties, Custodian Order
§ 124.
§ 125.
§ 126.
§ 127.
§ 128.
2. Main item: relationship with other legislation, references
§ 130.	Relationship with other legislation
§ 130a.	References to acts of the European Community
Section 131.	References
§ 131a.	Personal names
3. Main Piece: Transitional Provisions, Enforcement, In-force, Except-Force-stepping
§ 132.	Transitional provisions concerning the Federal Law BGBl. No 60/1957
§ 133.	Transitional provisions concerning the Federal Law BGBl. I No 38/2004
§ 133a.	Transitional provisions concerning the Federal Law BGBl. No 125/2006
§ 134.	Enforcement
§ 135.	In-Kraft-Kick-off, Except-Force-stepping "

Article 2

Amendment of the Federal Railways Act

The Federal Railways Act, BGBl. No 825/1992, as last amended by the Federal Law BGBl. I No 80/2005, shall be amended as follows:

1. § 4 (1) Z 2 reads:


" 2.		the restructuring of the Austrian Federal Railways on the basis of this federal law in the version of the Federal Law BGBl. I No 138/2003; "

§ 31 reads as follows:

" § 31. The task of the ÖBB-Infrastruktur Bau AG is in particular the planning and construction (including replacement investments, as far as they go beyond maintenance or repair) of rail infrastructure including high-performance routes, the planning and the construction of related projects and parts of the project, provided that the latter is responsible for carrying out the costs by third parties, as well as the provision of rail infrastructure, including facilities and facilities, in accordance with § 35 and Operation of the railway infrastructure, including facilities and facilities that do not shall be made available in accordance with § 35. "

3. In § 35 (1), the point is replaced by a line-point and is added:

"In doing so, ÖBB-Infrastruktur Operation AG is responsible for prioritising the investments to maintain the safety and order of the operation of the railway infrastructure, including facilities and facilities."

(4) The following sentence shall be added to Article 51 (2):

"In so far as it operates railway infrastructure including facilities and facilities which are not made available in accordance with § 35, it shall be considered as a railway undertaking."

5. In accordance with § 51a, the following § 51b shall be inserted with the title:

" Monitoring of Supervisory Board Meetings

§ 51b. The rail infrastructure service company mbH is entitled to be appointed by the Federal Minister of Transport, Innovation and Technology on a proposal of the management board of the rail infrastructure service company mbH. Staff at such meetings of the Supervisory Board of ÖBB-Infrastruktur Bau AG and ÖBB-Infrastruktur Operation AG, in which items are dealt with, the perception of which is within the legal remit of the Rail infrastructure service company mbH falls. "

6. In § 54, paragraph 7, the number shall be: "18" by the number "30" replaced.

Article 3

Amendment of the Federal Act on the Establishment of a "Brenner Base Tunnel Aktiengesellschaft"

Federal Law on the Establishment of a "Brenner Base Tunnel Aktiengesellschaft", BGBl. I n ° 87/2004, as last amended by the Federal Law BGBl. No 163/2005, shall be amended as follows:

§ 5 together with headline reads:

" Sale of company shares of the Federal Republic of Germany

§ 5. The Federal Minister of Transport, Innovation and Technology is authorized in agreement with the Federal Minister for Finance, without prejudice to the shares of the Land of Tyrol of ÖBB-Infrastruktur Bau AG and ÖBB-Infrastruktur Operation AG Company shares of the federal government at the Galleria to divase Base del Brennero-Brenner Base Tunnel BBT SE. "

Fischer

Bowl

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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