505. Regulation of the Federal Minister of Transport, Innovation and Technology, amending the Regulation on the protection of workers in the area of railway workers (Railway Workers ' Protection Regulation-EisbAV)

Pursuant to Sections 3, 4, 5, 7, 17, 18 Z 1, 24, 33 (3) and (5), 34 (2) and (5), 37 (1) and (2), 60 and 66 (2) in conjunction with Section 132 (2) and § 32 (2) and 39 (3) of the Employees ' Protection Act, BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I No 159/2001, shall be assigned:

The regulation on the protection of workers in the area of railway workers (Railway Workers ' Protection Ordinance-EisbAV), BGBl. II No 384/1999, as last amended by BGBl. II No 80/2004, shall be amended as follows:

1. In the table of contents the 6. Section (Final provisions).

2. In the table of contents will be after the 5. Section added:

" 6. Section

General provisions for work equipment

§ 38.	Acceptance Check
§ 39.	Recurrent Review
§ 40.	Audit after exceptional events
§ 41.	Audit by lineup
§ 42.	Security and health protection documents

Section 7

Quality of work equipment

§ 43.	Rotary discs and sliding platforms
§ 44.	Rope and chain tension systems
§ 45.	Inhibitors
§ 46.	Rail vehicles
§ 47.	Driving distances of railcars and vans

8. Section

Final provisions

§ 48.	Transitional provisions
§ 49.	In-Force Trees "

3. § 1 (5) becomes § 1 Abs 7.

4. § 1 (5) reads:

" (5) The provisions of the Working Capital Regulation, BGBl. II No 164/2000, shall apply to the establishments and activities referred to in paragraph 1 in so far as this Regulation does not lay down derogations. '

5. § 1 (6) reads:

" (6) The 7. The section of this Regulation shall not apply to work equipment which is subject to the provisions of Annex A to the Working Capital Regulation, BGBl. II No 164/2000, have been placed on the market or in accordance with the provisions of Annex B to the Working Capital Regulation, BGBl. II No 164/2000, have been drawn up or operated. '

6. § 26 reads:

" Safeguards

§ 26. (1) When laying down the safety measures for construction work in the hazardous area of tracks, employers must ensure that either journeys by rail vehicles are not permitted or the danger space of the tracks is not allowed before journeys by Rail vehicles will be cleared in good time.

(2) In principle, journeys by rail vehicles in the event of construction work in the danger space of tracks in this area are not permitted. If the conditions are met, this shall be ensured by technical measures, otherwise operational measures shall be provided for. For journeys relating to construction work, the additional security measures required for this purpose shall be laid down.

(3) If measures in accordance with paragraph 2 are not possible, the use of permanently installed technical equipment shall be used to ensure that the approach of a rail vehicle is carried out in good time. Where necessary, additional operational measures shall be provided for.

(4) If measures pursuant to paragraphs 2 and 3 are not possible, mobile technical facilities shall be required to ensure that the convergence of a railway vehicle is carried out in good time. Where necessary, additional operational measures shall be provided for.

(5) If measures pursuant to paragraphs 2 to 4 are not possible, it shall be provided by means of security posts that the rapprochement of a railway vehicle shall be exercised in good time. Where necessary, additional operational measures shall be provided for.

(6) If measures pursuant to paragraphs 2 to 5 are not possible, the journey of a rail vehicle shall not be allowed until after the danger space of the track has been cleared. "

7. The 6. Section (Final provisions) becomes 8. Section.

8. § 38 (Transitional provisions) becomes § 48.

9. § 39 (In-Force-Trets) becomes § 49 para. 1.

10. According to § 37 (signals) is inserted:

" 6. Section

General provisions for work equipment

Acceptance Check

§ 38. (1) The following work equipment shall be subject to an acceptance test before the first entry into service:

1.		Rotary discs and sliding platforms,
2.		Car tilting systems,
3.		Railway safety systems,
4.		technical railway crossing safety systems (e.g. light-signalling systems, barrier systems),
5.		technical equipment according to § 26 (3) and (4) of the EisbAV (e.g. automatic warning systems-AWS or signal-dependent job security systems-SAS),
6.		Stationary monitoring equipment for the safety of rail vehicles (e.g. hot-runner systems, flat-site control installations),
7.		Motor vehicles for the traction of rolling stock, provided that they are not intended for use by the manufacturer or the placing on the market of such vehicles.

(2) The acceptance test according to para. 1 must at least be the test contents of § 7 (2) of the Working Capital Ordinance, BGBl. II No 164/2000.

(3) Persons pursuant to Section 7 (3) (3) (1) to (Z) 3 of the Labour Ordinance, BGBl, shall be responsible for the acceptance tests as defined in paragraph 1. II No 164/2000.

(4) Persons in accordance with Section 7 (4) of the Working Capital Ordinance, BGBl, may also be allowed to carry out acceptance tests in accordance with paragraph 1 Z 6. II No 164/2000.

Recurrent Review

§ 39. (1) The following work equipment shall be subject to a periodic examination at least once in the calendar year, but at the latest at 15 months:

1.		Propulsion vehicles,
2.		Rotary discs and sliding platforms,
3.		Car tilting systems,
4.		Railway safety systems,
5.		technical railway crossing safety systems (e.g. light-signalling systems, barrier systems),
6.		technical equipment according to § 26 (3) and (4) of the EisbAV (e.g. automatic warning systems-AWS or signal-dependent job security systems-SAS),
7.		Stationary monitoring equipment for the safety of rail vehicles (e.g. hot-runner systems, flat-site control installations),
8.		Motor vehicles for the traction of rolling stock, provided that they are not intended for use by the manufacturer or the placing on the market of such vehicles.

(2) The recurrent examination must at least be the test contents of § 8 (2) of the German Ordinance on Employment and Labour, BGBl. II No 164/2000.

(3) Persons in accordance with Section 7 (3) or Section 7 (4) of the Ordinance on Employment and Labour (BGBl) are responsible for recurring examinations in accordance with paragraph 1 of this article. II No 164/2000, or any other appropriate qualified person.

Audit after exceptional events

§ 40. (1) Working materials in which recurrent tests are to be carried out (Section 39 (1)) must be checked for their proper condition after extraordinary events which may have harmful effects on the safety of the working means. The exceptional events include, in particular, those contained in Section 9 (1) of the Working Capital Ordinance, BGBl. II No 164/2000.

(2) Persons according to § 7 (3) or § 7 (4) of the German Ordinance on Employment and Labour, BGBl, are responsible for these examinations. II No 164/2000, or any other appropriate qualified person.

Audit by lineup

§ 41. (1) In the event that the following means of work are used in a transportable manner, they shall be subjected to an examination, prior to their use, after each installation in a new place of use:

1.		Railway safety systems,
2.		technical railway crossing safety systems (e.g. light-signalling systems, barrier systems),
3.		technical equipment according to § 26 (3) and (4) EisbAV (e.g. automatic warning systems-AWS or signal-dependent job security systems-SAS).

(2) The examination according to the list must be at least the test contents of § 10 (2) of the German Ordinance on Employment and Employment (BGBl). II No 164/2000.

(3) Suitable competent persons shall be used for the examination in accordance with the drawing up.

Security and health protection documents

§ 42. (1) A request for authorisation of work equipment within the meaning of the 7. Section shall be connected to safety and health documents in triplicate, to the extent that the preparation of these documents is already possible at the time of the application.

(2) Where an application pursuant to paragraph 1 is submitted by a person different from the employer, the employer shall be involved in the preparation of the security and health protection documents as far as possible.

Section 7

Quality of work equipment

Rotary discs and sliding platforms

§ 43. (1) In the case of turntables and sliding platforms, locking devices must be provided to ensure the smooth transition of rail vehicles from the tracks on which they are mounted to the track.

(2) There must be a lateral safety distance of at least 0,5 m between superstructures of turntables or sliding platforms and parts of the environment, up to a height of 2.0 m above the respective standing area of workers.

Rope and chain tension systems

§ 44. (1) rope and chain-access systems must be constructed in such a way that rail vehicles can only be moved at a speed of not more than 5 km/h.

(2) rope and chain access systems must be secured against commissioning by unauthorised persons.

Inhibitors

§ 45. (1) Inhibitors must correspond to the type of rail. They must be conspicuously marked when it is necessary to distinguish them.

(2) For inhibitions, suitable and easily accessible storage places must be present.

Rail vehicles

§ 46. (1) Rail vehicles must be of such a nature that they can be operated safely to their intended purpose.

(2) Rail vehicles, which are coupled with the hand, must be designed at the end faces in such a way that a driverless coupling is possible and sufficient space is available for this activity. This does not apply if the rail vehicles do not have to be kicked off for coupling.

(3) Couplings of rail vehicles under which workers have to pass to the domes must be fitted with couplers.

(4) Rail vehicles must be set up in the area of each front face in such a way as to ensure that workers who carry out the displacement work can safely drive. A restraint system in accordance with § 53 (2) of the Labour Ordinance (AM-VO), BGBl. II No 164/2000, is not necessary.

(5) (4) does not apply to rail vehicles in which the movement is not required when moving.

(6) Bodies for moving rail vehicles and jobs on rolling stock must be designed and dimensioned in such a way that the workers have sufficient space for their activities and can secure themselves against a crash. The facilities must be accessible.

(7) Doors of traction vehicles and control cars serving access to management facilities shall be open to the public from the ground.

(8) Moving vehicle parts on rail vehicles must be able to be secured against unintentional movement in the respective end positions if the movement of such vehicle parts can endanger workers.

(9) Rail vehicles must bear the addresses and markings required for the protection of workers.

(10) propulsion vehicles and control cars must have an acoustic warning device.

(11) Vehicles and control cars must have dimble headlamps.

(12) propulsion vehicles must have facilities to stop them.

(13) propulsion vehicles must be secured against commissioning by unauthorised persons.

Driving distances of railcars and vans

§ 47. (1) The driver's cab of traction vehicles and control cars shall be designed and arranged in such a way as to ensure that these vehicles can be safely guided. In particular, there must be sufficient freedom of movement and a sufficient field of vision. The vehicle driver's seat, in particular the vehicle driver's seat, must be set up in accordance with generally accepted safety rules and knowledge.

(2) The driver's stands of traction vehicles and control cars must be designed in such a way that no visual impairment is to be expected due to disturbing light reflections.

(3) The driver's cab of traction vehicles and control cars shall be equipped with technical equipment which makes it possible to regulate the room temperature, in particular a reduction in the room temperature. This does not apply to steam locomotives with a non-closed driver's stand.

(4) The driver's cab of traction vehicles and control cars shall be constructed in such a way as to be able to leave quickly in an emergency. "

11. § 48 (10) reads:

" (10) The provisions of Sections 43 (2), 44, 46 (2), (3), (7) and (11) and 47 (1), last sentence, and (3) of this Regulation shall not apply to work equipment for which, before 1 July 2005, the railway law building permit pursuant to Section 36 of the Railways Act 1957, BGBl. No. 60, was granted. "

Article 49 (2) reads as follows:

" (2) The provisions of § § 1 (5) and (6), (6) and (26) and (38) to (47) occur on the 1. Jänner 2005 in Kraft. "

Gorbach