Law Amending The Law On Railways And Law On Public Roads (Approval Of Training Sites, Etc.)

Original Language Title: Lov om ændring af lov om jernbane og lov om offentlige veje(Godkendelse af uddannelsessteder m.v.)

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Law amending the law on railways and law on public veje1)

(Approval of training sites, 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. 1249 of 11. November 2010, is amended as follows: 1. In section 4, paragraph 4, the words ' Board members ' to: ' the members of the management board or the supervisory board '.

2. In paragraph 4 (a) shall be inserted after ' railway infrastructure managers ': ', including the rules on prudential supervision, injunctions and prohibitions '.

3. In paragraph 4 (a) shall be inserted as paragraph 2: ' (2). Secretary of State may provide that the undertakings which, in accordance with the legal acts established by the European Union to issue certificates to enterprises as set out in paragraph 1 or to the keepers, maintenance units or garages, etc., must be covered by an accredited scheme. The Minister may lay down detailed rules on the subject. '

4. In article 5, paragraph 2, the following is inserted as a 2. item:

' The Minister may lay down rules of procedure and ban. '

5. In section 6 shall be inserted after paragraph 2 as new pieces: ' (3). Transportation Secretary approves the training places for train drivers in accordance with the requirements specified in the acts provided for by The European Union. The Minister may lay down detailed rules on the subject.

(4). The Secretary of State may also establish rules on the supervision of these educational institutions, see. paragraph 3, including whether the Minister can authorize the other State authorities or public institutions to carry out this supervision. '

Paragraph 3 becomes paragraph 5.

6. In paragraph 8 (a) shall be inserted after paragraph 1 as new pieces: ' (2). The Transport Minister may lay down rules on vejvendte security measures in railway overkørsler, who are open to regular traffic. The rules shall be determined after negotiation with the Minister of Justice.

(3). Secretary of State may, after consulting the relevant railway infrastructure manager and railway infrastructure manager shall impose vejbestyrelse or vejbestyrelsen to build or reinforce viaducts for ensuring road traffic in railway overkørsler, which is open to general traffic. '

Paragraph 2 becomes paragraph 4.

7. paragraph 21 (e), (2) and (3) are repealed and replaced by: ' (2). Infrastructure manager, Metro company in/S or public transport may, under the same conditions as referred to in paragraph 1 have been carried out archaeological feasibility studies.

(3). The owner of the areas covered by paragraph 1 shall be notified in writing at least 14 days prior to the implementation of surveys, etc.

(4). The owner of the land covered by paragraph 2 shall be notified in writing no later than 28 days prior to the implementation of archaeological feasibility studies.

(5). Compensation for damage which may be suffered by the owner of the land by the referred to in paragraphs 1 and 2 measures, shall be adopted, if no agreement can be reached with the owner thereof, in accordance with the rules of the law on appraisement record procedures for expropriation of real estate. '

8. The title of Chapter 8 (c) is replaced by the following:

» Railway safety and interoperability, etc. ' 9. In section 21 in (1) is inserted after the No. 2 as a new number: ' 3) that rules on vejvendte security measures in railway overkørsler, which is open to general traffic, complied with '.

No. 3-7 is then no. 4-8.10. section 21 (1) (8). 4, there will be no. 5, shall be replaced by the following: ' 5) to hold a safety certificate or a safety authorisation complies with the rules in force for the maintenance of the safety certificate or safety authorisation, including have the necessary security, registration and control systems in relation to the relevant types of infrastructure, equipment, traffic, education, etc., '.

11. In article 21, paragraph 1 (j), the words ' section 21 in (1). 1-4 ' to: ' section 21 (1) (8). 1-5 '.

12. In section 21 k, paragraph 4, shall be inserted after ' railway infrastructure ' shall mean ', including security measures in railway vejvendte overkørsler, which is open to general traffic, '.

13. In section 21 (l) (4) is inserted after 1. item:

» Upon detection of conditions that pose a risk to the safety of road traffic in railway overkørsler, which is open to general traffic, Traffic Agency issuing orders for railway infrastructure managers for these immediately or within a specified period of time shall carry out the necessary measures, in accordance with the Traffic Agency's assessment with regard to the vejvendte security measures. '

14. In section 21 (l) (5) 1. paragraph shall be added after ' safety concern ': ' for rail traffic or road transport in railway overkørsler, which is open to general traffic, '.

15. In section 21 l, paragraph 6, the words ' article 6, paragraph 3 ' to: ' section 6, paragraph 5 ' and ' in section 21 (1) (8). 3 ' is replaced by: ' in section 21 (1) (8). 4 '.

16. Under section 21 (v) are added: ' Chapter 8 (e) breakdown of expenditure in the railway section 21 x overkørsler. Expenses for operation and maintenance of security measures in railway overkørsler, which is open to general traffic, shall be borne by the railway infrastructure manager.

§ 21 y. when a fixed work in a railway overkørsel leads to a need for the establishment of new or modification of existing security measures, held costs of case vejbestyrelse or vejmyndighed respectively, if the establishment of or change in security measures due to construction work on the road network. Corresponding costs shall be borne by the railway infrastructure manager, if the establishment of or change in security measures due to construction work on the rail network.

§ 21 z. Expenditure under section 8 (a), paragraph 3, shall be borne by the State. If the installation or upgrading of such viaduct had to lead future reductions in rail infrastructure manager's annual expenses, shall be borne by the railway infrastructure manager, an amount equal to the capitalised value of expense savings and other benefits gained. If consensus is not reached on the amount shall be determined by the Secretary of State. '

17. In article 26, paragraph 2, be inserted after the word ' bodies ': ', including notified, designated and other bodies '.

§ 2

The law on public roads, see. lovbekendtgørelse nr. 1048 by 3. November 2011, is amended as follows: 1. Section 7 is repealed.

§ 3 paragraph 1. The law shall enter into force on the 1. July 2012.

(2). Agreements on the sharing of costs referred to in article 6. § 21 x of the law on rail as amended by this Act, section 1, no. 16, which is in force on the date of entry into force of the Act, may be continued with their content, until the agreement expires or is changed.

Given at Christiansborg Palace, the 18. June 2012 Under Our Royal hand and Seal MARGRETHE r./Henrik Dam Kristensen Official notes 1) Act contains provisions that implement aspects of the Commission's decision of 22. November 2011 (2011/765/EC) concerning the criteria for the recognition of education and training centres, which are involved in the training of train drivers, on criteria for the recognition of Examiners for drivers and on criteria for holding of samples in accordance with European Parliament and Council Directive 2007/59/EC, official journal 2011, nr. L 314, page 36ff.