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Law Amending The Law On Railways And Law On Public Roads And Repealing The Law On Heritage Railways (The Creation Of The Railway Board, Repeal Of Law On Heritage Railways, Etc.) Reprinted Definitive Series

Original Language Title: Lov om ændring af lov om jernbane og lov om offentlige veje og om ophævelse af lov om veteranbaner(Oprettelse af Jernbanenævnet, ophævelse af lov om veteranbaner m.v.) Omtryk

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Law on the amendment of the law on railways and the law on public roads and the abolition of the law on vintage courts 1)

(Creation of the Railway Board, repealing the law of veterans and others.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the law of rail, cf. Law Order no. 969 of 8. In October 2009, the following changes are made :

1. I Section 3, paragraph 3. 1, ' for railway lines and ferries (Traffic Management) `.

2. § 5 ITREAS :

" § 5. Non-commercial railway operations, preferably through a limited movement of persons, to meet rail historical and tourist purposes and not to cover any real traffic needs, require permission of the Traffic Management Board.

Paragraph 2. The Minister for Transport may lay down rules on the railway operation referred to in paragraph 1. 1, including the criteria for the granting of permits and safety and insurance.

Paragraph 3. The Minister for Transport may appoint experts private companies or persons to oversee the veterans. The Minister may lay down rules on this. ` ;

3. I ~ 8 (a) (a) 2, the following shall be inserted after ' manager ` : `, including information on the transport of railway undertakings ' traffic in the infrastructure ` ;

4. I § 8 c inserted before paragraph 1. 1 as new slices :

' Rail infrastructure manager ' s requirements for the movement of individual rail sections shall be published and accessible to all railway undertakings.

Paragraph 2. Railway undertakings shall be subject to the requirements of the infrastructure manager on each of the rail sections, cf. for each rail section. paragraph 1. "

Paragraph 1 shall then be paragraph 1. 3.

5. I § 8 d (d) FIVE, TWO. pkt., the following shall be inserted after ' establishing ` : ' rules concerning the issuing of rules and prohibitions to railway infrastructure managers and railway undertakings and '.

6. I § 21 e, paragraph 1. 1, the following shall be inserted after the ' Infrastructure Manager ' shall be inserted : ', the network I/S `.

7. I § 21 i, paragraph 1 3, pasted as Act 2. :

The Traffic Management Board may lay down rules on requirements for the expert assistance, including assistance for assistance. ` ;

8. I § 21 j, paragraph. 3, pasted as Act 2. :

The Traffic Management Board may lay down rules on requirements for the expert assistance, including assistance for assistance. ` ;

9. Section 21 k, paragraph 1. 1, ITREAS :

' Vehicles used on the railway network shall be subject to approval by the Traffic Management Board before being used. `

10. I Section 21 k, paragraph 1. 2 and 5, ' rolling stock ` shall be replaced by the following : ' vehicles `, and in paragraph 2 the rolling stock shall be replaced by the following : ` the vehicles '.

11. I Section 21 k, paragraph 1. 5, pasted as Act 2. :

The Traffic Management Board may lay down rules on requirements for the expert assistance, including assistance for assistance. ` ;

12. I Section 21 k, paragraph 1. 6, the ' rolling stock ` shall be replaced by the following : ' vehicles ` and the following ' loading units ` shall be inserted after ' loading units ` shall be inserted : ', including the rules concerning the fact that certain conditions may be exempted from approval ` ;

13. The heading for Chapter 10 ITREAS :

"Railroad, redress, oversight, etc."

14. § 24 and § 24 a ITREAS :

" SECTION 24. The Minister for Transport will reduce the railways by means of supervision and complaints in the railway sector. The Railway Board is independent and is not subject to the instructions of the Transport Minister. The Board may examine cases on its own initiative or in the case of complaints.

Paragraph 2. The Railway Board shall consist of a chairman and a number of other members. The members must represent railway technical, railway safety, socio-economic and legal, including competition and consumer law, expertise. Members will be appointed by the Transport Minister for a period of four years.

Paragraph 3. The minister of transport provides for rules on the Railway Board, including rules on the activities, tasks, composition and secretarial services.

Paragraph 4. The Minister for Transport may lay down rules on fees to cover the cost of the Railway net costs by means of tasks under this law.

§ 24 a. The Railway Board is monitoring the competitive situation on the markets of rail transport services, including the rail freight market, in order to avoid an inappropriate development in these markets. The Board of Railway shall ensure that the Council Directive 91 /440/EEC of 29 is complied with. in writing.-July 1991 on the development of the Community's railways by later amendments, Directive 2001 /14/EC of the European Parliament and of the Council of 26. In February 2001, the allocation of railway infrastructure and the levying of charges for the use of railway infrastructure with subsequent changes and the rules for its implementation. ` ;

15. Insert after section 24 a Chapter 10 :

" section 24 b. The Agency shall monitor compliance with Regulation (EC) No 2 of the European Parliament and of the Council. 1371/2007 of 23. October 2007 on the rights and obligations of rail passengers (Passenger Rights Regulation).

§ 24 c. Decisions pursuant to section 6, section 8 (4). 1 and 5-7, and section 9-11 and rules laid down in accordance with them may be subject to the Railway Board, cf. however, paragraph 1 2. The decisions of the railway unit may not be complained to another administrative authority.

Paragraph 2. The minister of transport may lay down rules on access to justice, including complaints, or that the decisions cannot be complained to the Ministry of Transportation. The Minister for Transport may lay down rules that the decisions may be made to the Railway Board, including the fact that the decisions which may be made to the Railway Board cannot be taken into account for other administrative authority.

Paragraph 3. Decision on the choice of the tenderer in connection with tenders in accordance with Article 8 (3). 2, and Decisions in accordance with Article 8 (3). 3 and 4 may be subject to the Complaints Board of the Expire, cf. section 24 (e), 4.

Paragraph 4. The minister of transport shall lay down rules on the appeal of passengers by Regulation (EC) No 147s (EC) No 14720/20 1371/2007 of 23. October 2007 on the rights and obligations of rail passengers (Passenger Rights Regulation).

§ 24 d. Railway service may offer railway undertakings, infrastructure managers and other companies in the railway sector to provide the information that is relevant to the activity of the Railway network.

§ 24 e. Complaints to the Railway Board shall be submitted within four weeks of the date on which the decision to be lodged is notified to the person concerned. The Railway Board may disregard the time limit when the circumstances are therefore under way.

Paragraph 2. If the Railway Board has not taken a decision in a complaint file no later than two months after the receipt of all the necessary information, the Board shall inform the complainant of the reason for and whether a decision may be expected to be available.

Paragraph 3. The subject of examination of decisions and decisions on matters covered by this law, including the Decisions of Railway Safety, shall be submitted within eight weeks of the decision or decision. If the court does not apply to the courts within the time limit, the decision or decision shall be made at last.

Paragraph 4. For decisions and decisions in accordance with section 24 c (1). 2, which is submitted to the Commandment Board, the provisions of the Complaints Board shall be subject to the Composition of the Composition of the Composition of the Board of Appeal, its case, sanctions and access to appeal against the decision of the letter of the letter, including the provision of the courts, equivalent use.

§ 24 F. The Railway Board shall deliver on the 30. April each year, a report on its activities in the past calendar year. The report shall be published on the Home of the Railway network.

§ 24 g. The Board of Railway shall exchange information on its work, the principles of decision-making and practice with the corresponding supervisory bodies covered by Community rules in the railway sector.

§ 24 h. The Minister for Transport may be responsible for the Traffic Management Board, Banedanmark, the HavarkomCommission of Civil Aviation and Railway or other government authorities to exercise the prerogatives of the Minister in that law.

Paragraph 2. The Minister for Transport may empower other government authorities to exercise the powers conferred on the Traffic Control Board, the Banedanmark or the Hague Commission.

Paragraph 3. The Minister for Transport may be competent, private companies or public institutions to exercise the prerogatives of the Minister, in accordance with this law, to carry out type-approvals, tests and inspection of the packaging of dangerous goods and so on.

Paragraph 4. The Minister for Transport may also be competent, experts, private undertakings or public institutions to exercise the prerogative of the Minister concerning the approval and testing of specific safety-technical reporting etc. ` ;

16. I § 26 pasted as paragraph 2 :

" Stop. 2. The Minister for Transport may also lay down rules for an accreditation mechanism for the bodies, institutions or others which, pursuant to acts established by the European Community, shall carry out tasks covered by that law. ` ;

§ 2

In the law of public roads, cf. Law Order no. 893 of 9. In September 2009, the following changes are made :

1. I § 86, paragraph. 1, the ' Railway Board ' shall be replaced by the 'Railway Board'.

§ 3

Law No 76 of 13. March 1969 on vintage courts are hereby repealed.

§ 4

The law shall enter into force on 1. July, 2010.

Givet at Christiansborg Castle, 26. May 2010

Under Our Royal Hand and Segl

MARGRETHE R.

/ Hans Christian Schmidt

Official notes

1) The law provides for the implementation of parts of Directive 2001 /12/EC of the European Parliament and of the Council of 26. In February 2001, amending Council Directive 91 /440/EEC on the development of the Community ' s railways (2001, nr. L 75, page 1 ff.) Directive 2001 /14/EC of the European Parliament and of the Council of 26. In February 2001, the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (EC Official Journal 2001, nr. L75, page 29 ff. ).

Retryksnote
  • 24-08-2011 :
  • The law has been reprinted, since the text "Under Our Royal Hand and Segl" prior to the name of the Regent or Regent, due to an error in the technical production of the formula, was omitted. The failure therefore does not apply to the law.