Law Amending The Law On Rail (Additional Rules As A Result Of Passenger Rights Regulation, Etc.)

Original Language Title: Lov om ændring af lov om jernbane(Supplerende regler som følge af passagerrettighedsforordningen m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125054

Law amending the law on rail

(Additional rules as a result of passenger rights regulation, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

The law on rail, see. lovbekendtgørelse nr. 567 of 9. June 2008, as amended by section 129 of the Act No. 1336 of 19. December 2008 and section 2 of Act No. 134 of 24. February 2009, is amended as follows:

1. In article 6, paragraph 2, the words ' train drivers ' training practical part ' to: ' the practical part of the train driver training arrangements '.

2. Under section 8 (a) is inserted:

» section 8 (b). The infrastructure manager shall have the responsibility for a safe traffic management for the part of the railway network, which it manages.

(2). If an infrastructure manager wants that responsibility for traffic management should be undertaken by a second company, Transport Agency approve this. Traffic Board may lay down conditions for this. '

3. In paragraph 8 (d) is inserted after paragraph 1 as new paragraph: "(2). Railway undertakings and infrastructure managers shall also make the necessary planning and take necessary measures to ensure passengers ' personal security in emergency situations and other extraordinary situations. '




Paragraph 2-6 becomes paragraph 3-7.



4. In paragraph 8 (d), paragraph 4, which will be the fifth paragraph shall be inserted after ' protection of railways ': ', passengers ' personal security '.

5. In paragraph 8 (d), paragraph 5, which becomes paragraph 6, the words ' paragraph 6 ': ' paragraph 7 '.

6. In paragraph 8 (d), paragraph 6, there will be (7) shall be replaced by ' paragraph 5 ': ' paragraph 6 '.

7. Article 12, paragraph 1, is replaced by the following: ' railway undertakings shall draw up terms and conditions, which set rules concerning carriage by enterprises, including liability in respect of passengers by damage to the baggage, and the rules laid down in European Parliament and Council Regulation (EC) No 1782/2003. 1371/2007 of 23. October 2007 on rail passengers ' rights and obligations and on compensation in the context of national freight transport. Terms and conditions must be reported to the Traffic Agency. '

8. In article 12, paragraph 3, the words ' and for sale to the public at the rail stations, as the company operates '.

9. In section 17 (1), (2). paragraph shall be added after ' thereof ' means ', including those relating to translation of foreign insurance policies, etc. ' 10. In section 21 in (1). 6, the words ' without prejudice to article. § 8 d, paragraph 3, and ': ' without prejudice to article. section 8 (d), and '.

11. section 22 (1) (8). 5 and 6 are repealed, and instead is inserted: ' 5) violates section 19, paragraph 2, article 20, article 21, paragraph 1, § § 21 a-21 (d), section 21 section 21 g or q (2)

6) fails to comply with the requirements set out in paragraph 8 (d), paragraphs 1 and 3, or

7) violates a European Parliament and Council Regulation (EC) No 1782/2003. 1371/2007 of 23. October 2007 on rail passengers ' rights and obligations. '

12. Article 24, paragraph 4, 1. paragraph is replaced by the following: ' Decision about the choice of tenderer in connection with the invitation to tender in accordance with article 8, paragraph 2, and decisions under section 8 (3) and (4) an appeal may be lodged to the klagenævnet for Udbud. '

13. In section 24 shall be inserted after paragraph 6 as new paragraph: "(7). The Transport Minister may lay down rules to the effect that the Rail complaints Board carries out the supervisory and complaint functions relating to the rules laid down in European Parliament and Council Regulation (EC) No 1782/2003. 1371/2007 of 23. October 2007 on rail passengers ' rights and obligations. Secretary of State may determine, including the Rail complaints board does not process complaints relating to civil disputes. '




Paragraph 7 becomes paragraph 8.



14. In section 26 is added 2. item:

» Transportation Secretary can including setting rules on the grant of injunctions and prohibitions and information duties. '

§ 2

(1). The law shall enter into force on the 1. July 2009, see. However, paragraph 2.

(2). Railway Act § § 8 d, 12, 21 and 22 and section 24, paragraph 7, as amended, respectively amended by this Act, section 1, no. 3-8, 10, 11 and 13, shall enter into force on the 3. December 2009.
Given at Christiansborg Palace, on 12. June 2009 Under Our Royal hand and Seal MARGRETHE r./Lars Barfoed