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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=131996

Law amending the law on railways and law on public roads and repealing the Act on veteranbaner1)

(Creation of the railway Board, repeal of law on heritage railways, 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. 969 of 8. October 2009, is amended as follows: 1. In article 3, paragraph 1, the words ' for rail and ferries (public transport) '.

2. paragraph 5 is replaced by the following: ' 5. No commercial railway operation, preferably through a limited passenger services operated to accommodate railway historical and touristic purposes and is not intended to cover any real traffic needs, requires permission from the Traffic Agency.

(2). The Transport Minister may lay down rules on the railway operation referred to in paragraph 1, including the criteria for the issue of permits and the safety and technical conditions.

(3). Secretary of State may appoint expert private companies or individuals to oversee veterans courts. The Minister may lay down rules to that effect. '

3. In paragraph 8 (a), paragraph 2, shall be inserted after ' manages ': ', including information about traffic on the infrastructure of railway undertakings '.

4. In paragraph 8 (c) is inserted before paragraph 1 as new pieces:

» Railway infrastructure manager's requirements for use on the individual course titles must be published and be available to all railway undertakings.

(2). Railwayundertakings shall follow the infrastructure manager's requirements for use on the individual course section, see. (1). ';

Paragraph 1 becomes paragraph 3.

5. In paragraph 8 (d) (5) 2. paragraph shall be added after ' set ': ' rules on the issuance of injunctions and prohibitions for railway infrastructure managers and railway undertakings and '.

6. In paragraph 21 (e), paragraph 1, shall be inserted after ' infrastructure manager ' means ', Metro company I/S '.

7. In section 21 in (3) is inserted as 2. item:

» Traffic Board may lay down rules on the requirements for the expert assistance, including the assessor assistance. '

8. In section 21 (j), (3), the following is inserted as a 2. item:

» Traffic Board may lay down rules on the requirements for the expert assistance, including the assessor assistance. '

9. section 21 k, paragraph 1 is replaced by the following:

» Vehicles used on the rail network, must be approved by the Traffic Agency, before they need to be in use. '

10. In section 21 k, (2) and (5) shall be replaced by ' rolling stock ' to: ' vehicles ', and in paragraph 2 shall be replaced by ' rolling stock ' to: ' vehicles '.

11. In section 21 k, paragraph 5, insert as 2. item:

» Traffic Board may lay down rules on the requirements for the expert assistance, including the assessor assistance. '

12. In section 21 k, paragraph 6, shall be replaced by ' rolling stock ' to: ' vehicles ' and after ' loading units ' reads ', including rules requiring that certain conditions may be exempt from authorization '.

13. The title of Chapter 10 shall be replaced by the following:

» Railway Board, access to justice, oversight, etc. ' 14. section 24 and section 24 (a) is replaced by the following: ' article 24. Transportation Secretary set up a Railway Board, which carries out the supervisory and complaint functions in the rail sector. Railway Board is independent and is not subject to the owner's power from the Secretary of State. The Tribunal can investigate matters on its own initiative or upon complaint.

(2). Railway Board consists of a Chairman and a number of other members. The members must represent the railway technical, railway security, socio-economic and legal, including competition and consumer law, expertise. The members are appointed by the Secretary of State for a term of 4 years.

(3). Secretary of State shall lay down rules on railway Board, including rules about the Board's activities, tasks, composition and secretariat services.

(4). The Transport Minister may lay down rules on fees to cover the costs of accomplishing tasks of the Board Rail under this Act.

§ 24 a. Railway Board monitors the competitive situation on the market for rail transport services, including the rail freight transport market, in order to avoid an inappropriate development in these markets. Railway Board leads in this regard compliance with the Council Directive 91/440/EEC of 29 October 1993. July 1991 on the development of the community's railways as amended, the European Parliament and of the Council Directive 2001/14/EC of 26. February 2001 on the allocation of railway infrastructure and the levying of charges for the use of railway infrastructure and its subsequent amendments, as well as the rules for the implementation thereof. '

15. Under section 24 (a) shall be inserted in Chapter ten:» § 24 b. Railway Board oversees compliance with European Parliament and Council Regulation (EC) No 1782/2003. 1371/2007 of 23. October 2007 on rail passengers ' rights and obligations (passenger rights regulation).

§ 24 c. Decisions under section 6, section 8, paragraph 1, and 5-7 and §§ 9-11 and the rules thereunder may be appealed to the Railway Board, see. However, paragraph 2. Railway Board's decisions can be appealed to another administrative authority no.

(2). The Transport Minister may lay down rules on access to appeal against decisions taken under this Act, including complaint time limits, or that decisions cannot be appealed to the Ministry of Transport. The Transport Minister may lay down rules to the effect that the decisions can be appealed to the Railway Board, including that the decisions can be appealed to the Railway Board, not only can be appealed to another administrative authority.

(3). Decision on 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, see. paragraph 24 (e), paragraph 4.

(4). Secretary of State shall lay down rules on passengers ' access to justice in accordance with European Parliament and Council Regulation (EC) No 1782/2003. 1371/2007 of 23. October 2007 on rail passengers ' rights and obligations (passenger rights regulation).

§ 24 d. Railway Board may require railway undertakings, infrastructure managers and other companies in the rail sector to provide the information relevant to the Railway Committee's business.

§ 24 e. Complaint to the Railway Tribunal must be filed no later than 4 weeks after the decision complained of, is announced. Railway Board can ignore the deadline, when circumstances justify it.

(2). Railway Board has not taken a decision in an appeal within 2 months after receipt of all necessary information, must inform the complainant of the railway Committee of the reason and of when a decision might be expected to be available.

(3). Action against decisions and decisions on matters covered by this law, including Railway Board's decisions must be brought no later than 8 weeks after the decision or the decision is announced. Find the right to apply to the courts is not made within the time limit, the person concerned of the decision or of the decision finally.

(4). For decisions and decisions under section 24 c, paragraph 2, there shall be referred for klagenævnet for Udbud, the provisions of the law on the klagenævnet for Udbud about the composition of the Board of appeal, its casework, sanctions and access to appeal against a decision of the Board of appeal, including the right to apply to the courts shall apply mutatis mutandis.

§ 24 such Railway Board gives off no later than 30 June. April of each year a report on its activities during the past calendar year. The report will be published on the Rail Board's website.

section 24 g. railway Committee shall undertake the exchange of information on its work, principles for decision-making and practice with the corresponding supervisory bodies, which are covered by Community rules on railway area.

§ 24 h. Secretary of State can authorise the Traffic Agency, banedanmark, Accident Commission of Civil Aviation and rail or other governmental authorities to exercise the Minister's powers in this Act.

(2). The Transport Minister may authorize other governmental authorities to exercise the powers that the Traffic Agency, banedanmark or Accident Commission is attributed to pursuant to this law.

(3). The Transport Minister may authorize experts, private companies or public institutions to exercise the Minister's powers under this Act to carry out type approval tests and inspection of packaging for dangerous goods, etc.

(4). The Transport Minister may also authorize experts, private companies or public institutions to exercise the Minister's powers relating to the approval and testing of specific security technical devices, etc. «16. In § 26 shall be added as paragraph 2: ' (2). Secretary of State may also establish rules on an accreditation scheme for institutions or other bodies which, in accordance with legal acts laid down by the European Community must carry out tasks on matters covered by this law. '

§ 2

The law on public roads, see. lovbekendtgørelse nr. 893 by 9. September 2009, is amended as follows: 1. In section 86, paragraph 1, the words ' Rail complaints board ' to: ' railway Board '.

Article 3 of law No. 76 of 13. March 1969 on heritage railways are hereby repealed.

section 4 of the law shall enter into force on the 1. July 2010.

Given at Christiansborg Palace, on 26 May. May 2010 Under Our Royal hand and Seal MARGRETHE r./Hans Christian Schmidt Official notes


1) Act contains provisions implementing parts of a European Parliament and Council Directive 2001/12/EC of 26. February 2001 amending Council Directive 91/440/EEC on the development of the community's railways (Official Journal 2001, nr. L 75, page 1 ff.) and European Parliament and Council Directive 2001/14/EC of 26. February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (Official Journal 2001, nr. L 75, p. 29 ff.).