Notice Of Railway Board

Original Language Title: Bekendtgørelse om Jernbanenævnet

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133312

Notice of Railway Board

Pursuant to article 24, paragraphs 3 and 4, § 24 c, paragraph 4, and section 26, paragraph 1, of the law on rail, see. lovbekendtgørelse nr. 969 of 8. October 2009, as amended by Act No. 553 of 26. May 2010, fixed: Railway Board's tasks



§ 1. Railway Board handles complaints against decisions, which by law, see. § 24 c, paragraph 1, of the law on rail, or pursuant to the law laid down rules concerning the right of appeal to the Tribunal.

(2). Railway Board supervision as provided for in articles 24 (a) and 24 (b) of the law on rail.

§ 2. Railway Board handles complaints concerning passenger rights regulation (European Parliament and Council Regulation (EC) no 1371/2007 of 23 October 2007) that fall outside the Appeals Board for Bus, train and Metro decision competence.

§ 3. Railway Board handles complaints relating to article 5, paragraph 6, of the PSO Regulation (European Parliament and Council Regulation (EC) No 1370/2007 of 23 October 2007).

The Board's composition



§ 4. Railway Board consists of a Chairman, six other members, as well as a number of alternates. Railway Committee members and alternates shall be appointed by the Secretary of State upon the recommendation of the Technical University of Denmark (DTU), Aarhus University, University of southern Denmark, the competition Council and the Consumer Council.

(2). The Minister may exceptionally designate upon the recommendation of others.

Secretariat



§ 5. Railway Board is assisted by a secretariat, which alone carries out tasks for the Committee and only is subject to the Board's instruction.

The President's powers and complaint handling



§ 6. The Chairman, with the assistance of the Secretariat shall organise the Committee's work and shall determine the place, time and agenda of meetings of the Board.

§ 7. The Chairman determines, taking into account the nature, which members must participate in a case treatment.

(2). The decision in the individual case may be taken by the Chairman or his Deputy, and two, four or six other members.

(3). Decision taken by common majority of votes.

§ 8. It should be apparent from the decision, which members have participated in the proceedings.

(2). Have a member in the Committee a position that differs from that of the majority, the name of the person concerned and the reasons for the position in the decision.

(3). Railway Board shall publish the Committee's decisions on the Board's website, subject to the limits resulting from the General rules of administrative law.

§ 9. The Chairman may designate a substitute to carry out its task, if the President is prevented from taking part in a case on grounds of disability, illness or similar.

Complaints



§ 10. Decisions can be appealed to the Railway Board, cannot be appealed to any other administrative authority. Railway Board's decisions can be appealed to another administrative authority no.

§ 11. Complaint to the Railway Board has no suspensory effect. Railway Board may, however, when there are special circumstances, confer upon an appeal suspensory effect.

§ 12. Complaint to the Railway Tribunal must be made in writing to the Secretariat.

§ 13. For submission of complaint is paid a fee of DKK 4,000 fee not Included, and paid for this not within a period specified by the Chairman, rejected the complaint.

(2). Reject the Tribunal to deal with the complaint, refunded the fee.

Supervision



§ 14. All Committee members participate in the Board's regulatory activities. The Committee shall organise, how supervision is carried out.

(2). The Transport Minister and the Committee shall discuss at the request of one of the parties the Board's supervisory activities, including the results thereof.

Date of entry into force of



§ 15. The notice shall enter into force on the 1. October 2010.

(2). Complaints by the entry into force of the Executive order is filed with the Rail complaints are dealt with by the railway Board.

The Ministry of transport, the 24. September 2010 Hans Christian Schmidt/Mikkel Sune Smith