Railway traffic regulations (EVO)

Unofficial table of contents

EVO

Date of completion: 08.09.1938

Full quote:

" Railway traffic regulations as amended by the Notice of 20 April 1999 (BGBl. I p. 782), which is provided by Article 19 of the Law of 19 February 2016 (BGBl. I p. 254)

Status:	New by Bek. v. 20.4.1999 I 782;
	Last amended by Art. 2 V v. 21.5.2015 I 782
Note:	Amendment by Art. 19 G v. 19.2.2016 I 254 (No) 9) in the form of a text, documentary evidence not yet concludedly processed
EVO re-enacted due to d. Section 458 (1) of the German Commercial Code (HGB 4100-1) by the V, which entered into force on 1 October 1938, on the introduction of a new railway traffic order, v. 8.9.1938 II 663

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.7.1989 + + +) 
(+ + + Official notes of the norm provider on EC law: 
 Implementation of the 
 EWGRL 425/90 (CELEX Nr: 390L0425) 
 EWGRL 496/91 (CELEX Nr: 391L0496) 
 EWGRL 628/91 (CELEX Nr: 391L0628) 
 EWGRL 629/91 (CELEX Nr: 391L0629) 
 EWGRL 630/91 (CELEX Nr: 391L0630) 
 ERL 119/93 (CELEX Nr: 393L0119)  V v. 25.2.1997 I 348 
 Consideration of 
 EEC-GRL 189/83 (CELEX Nr: 383L0189)  V v. 25.2.1997 I 348 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  EVO Annex EV + + +) 

  

Unofficial table of contents

Content Summary

I.	General provisions
Scope		§ 1
(dropped)		§ 2
Trains		§ 3
(dropped)		§ 4
Conditions of carriage		§ 5
(dropped)		§ 6
Special arrangements		§ 7
II.	Transport of persons
Exclusion from transport. Conditional approval		§ 8
Driving tickets		§ 9
Entering the platform		§ 10
Fares		§ 11
Increased fare		§ 12
Accommodation of travellers		§ 13
Information		§ 14
Behaviour in the event of non-scheduled hold		§ 15
Take-up of hand luggage and animals		§ 16
Delays in local rail passenger transport		§ 17
Fare refund		§ 18
Disagreements		§ 19
(dropped)		§ § 20 to 24
III.	Transport of travel luggage
Task of travel luggage		Section 25
Packaging. Marking		Section 26
Task. Handling. Baggage Ticket		§ 27
(dropped)		§ 28
Delivery		§ 29
(dropped)		§ § 30 to 34
IV.	Luggage rack, luggage storage
Luggage rack		§ 35
Storage of luggage		§ 36
V.	Mediation
Schlichtungsstelle		Section 37

I.
General provisions

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§ 1 Scope

The provisions of this Regulation shall apply to the carriage of persons and luggage by public railways, in so far as the Convention on International Carriage by Rail of 9 May 1980 (COTIF) (BGBl. 130), in the version in force in force, nothing else is intended. The provisions of this Regulation shall not apply to the extent that any substantive or conflicting provisions are laid down in Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 June 2007 on the implementation of the Regulation on the application of October 2007 on the rights and obligations of rail passengers (OJ L 327, 28.12.2007, p. EU No L 315 p. 14). By way of derogation from the second sentence, Article 8 (2), Article 18 (2) (a), Article 27 (3) and the first sentence of Article 28 and Article 29 (1) of Regulation (EC) No 1371/2007 shall not apply to transport operations in the rail passenger transport sector. Furthermore, the provisions of Regulation (EC) No 1371/2007, in accordance with Article 2 (5) thereof, are not applicable to such transport services of the rail passenger transport sector, which mainly for reasons of historical interest or tourist information For purposes of operation. Unofficial table of contents

§ 2

(dropped) Unofficial table of contents

§ 3 Trains

For transport, the trains are regularly scheduled to be used according to the timetable or the trains running as required. Unofficial table of contents

§ 4

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§ 5 Conditions of transport

The railway undertaking may, in favour of the passenger, derogate from all the provisions of Sections II to IV of this Regulation in the conditions of carriage. In addition, the railway undertaking may derogate in the conditions of carriage of Article 17 (1) (1) if, in accordance with the tariff provided for, a substantially reduced rate of transport is to be paid for the ticket. Unofficial table of contents

§ 6

(dropped) Unofficial table of contents

Section 7 Special arrangements

(1) The railway can agree on charges without binding to charges (special arrangements) with:

1.

Undertakings, public authorities or similar establishments (major customers) for the transport of their employees, if:

a)

the wholesale customer undertakes to purchase tickets provided for in the railway tariff for all or a certain number of his employees or to a certain minimum turnover within an agreed period,

b)

the tickets are passed on to the employees of the major customer on the terms and conditions that the railway has agreed with the major customer;

2.

Tour operators in passenger and travel luggage transport.

Comparable large-scale customers and comparable tour operators are to be granted comparable conditions in each case. (2) Special arrangements are only permissible if the competition requires them and, if they are suitable, the economic result of the railways to be maintained or improved. Special arrangements shall be in writing. (3) Other special arrangements, which shall be granted in respect of reductions or other advantages in relation to the tariff charges, shall be inadmissible and void. They do not affect the legal effectiveness of the transport contract. The rates and conditions of carriage shall also be governed by the tariff in such cases.

II.
Transport of persons

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§ 8 Exclusion of transport. Conditional approval

(1) Children up to the age of four shall be transported only if accompanied by a supervising person. (2) Persons who pose a danger to the safety and order of the holding or to the safety of the passengers or to the orders of railway staff may not be followed by transport. You do not have the right to a refund of fare or baggage. (3) Persons who wish to travel with another train due to failure or unpunctuality of a train pursuant to § 17 para. 1 may be transported by a certain other train from the carriage if otherwise a significant disturbance of the operating procedure is to be expected. (4) Persons with contagious diseases, which can endanger the health of the passengers, will only be transported if the danger to other persons is excluded. Unofficial table of contents

§ 9 Driving procedure

(1) If the tariff does not determine anything else, the passenger must be provided with a ticket upon arrival of the journey. (2) The right to issue a ticket shall be issued five minutes before departure of the train. (3) The traveler shall be obliged to:

a)

To devalue the tickets and other cards (e.g., surcharge, transition, detour cards) according to the route and to immediately convince themselves of the devaluation, provided that the tariff is devalued prior to entering the platform or on entering the train of the train;

b)

to store tickets and other tickets at the end of the journey up to the exit of the platform, including the access to and departure of the train;

c)

to show and hand out tickets and other cards to the inspecting personnel at their request;

d)

in the examination of the tickets, to inform the control staff that a valid ticket could not be resolved prior to the start of the journey, because a ticket counter or ticket machine does not exist, is not open or not was operational.

(4) A traveller who does not possess a ticket or who does not comply with the obligations referred to in paragraph 3, may be excluded from continuing to travel. The obligation to pay an increased ticket price in accordance with § 12 remains unaffected. Unofficial table of contents

§ 10 Entering the platforms

The tariff can determine that platforms may only be entered with a valid ticket or a train ticket. Unofficial table of contents

§ 11 Driving prices

(1) The fares are included in the fare. It is to be held at occupied stations and information points for inspection. (2) If fares have been collected inaccurately, the difference shall be repaid or reimbursed. Entitlement to repayment or repayment shall lapse if it is not asserted within one year of the expiry of the ticket. Unofficial table of contents

§ 12 Increased fare

(1) The traveller shall be obliged to pay an increased fare if he/she

a)

if the journey is not valid, a valid ticket is not provided,

b)

has procured a valid ticket, but cannot show it in the course of an examination of the tickets,

c)

an obligation in accordance with § 9 (3) (a), (b) or (d).

(2) The increased fare referred to in paragraph 1 shall be equal to twice the normal fare for the distance travelled by the passenger, at least 60 euros. The increased fare may be calculated for all the distance travelled by the train if the passenger does not make it credible that he has passed a shorter distance. (3) In the case referred to in paragraph 1 (b), the increased fare shall be reduced to: 7 Euro if the passenger proves within one week from the day of the fixing at a railway station of the transporting railway that he was holder of a valid ticket at the time of the determination. (4) Anyone who is the obligation pursuant to § 9 para. 3 (5) The tariff may provide for cases in which the rate may be reduced by the following: Payment of the amount to be paid in accordance with paragraphs 2 to 4 may be waiving in whole or in part. Unofficial table of contents

§ 13 Accommodation of travellers

(1) The traveller shall be entitled to carriage in the class on which his/her ticket is. A claim to a seat or to stay in the 1. Class in case of lack of space in 2nd class does not exist. The tariff may allow exceptions. The railway staff shall be entitled to assign places to the passenger. At the request of the traveller, it is obliged to provide for their accommodation. (2) The traveler does not have the right to compensation if he does not find a seat and cannot be instructed to do so. Unofficial table of contents

§ 14 Information

(1) In the case of the sale of a ticket for a train journey carried out exclusively in the rail passenger transport system, the carrier and a ticket vendor, who shall issue tickets, shall be required to inform the passenger of his or her access to the vehicle from this Regulation and Regulation (EC) No 1371/2007 shall provide information on rights and obligations arising from the application of this Regulation. In this case, the information subject may use a summary. Information may be provided by means of an outhang or delivery at a suitable location or by using a computerised information and booking system. (2) Rail transport undertaking shall be required to take part in the course of a train journey in the rail passenger transport sector. inform the traveler about the next train station, about delays, about security and about services on the train. Unofficial table of contents

§ 15 Behaviour in the case of non-scheduled hold

In the event of an off-schedule stop, passengers may only get out with the consent of the train crew. You have to immediately remove from the tracks. Unofficial table of contents

Section 16 The taking of hand luggage and animals

(1) The traveller may easily take portable items (hand luggage) into the passenger car free of charge. For the passenger, only the room above and under his seat is available for his hand luggage. Travellers who cannot be relied on have to comply with the arrangements of the railway staff because of the accommodation of their hand luggage. (2) The tariff is intended to:

a)

the conditions under which other objects that a person can carry (carrying loads) may be taken on in passenger cars or placed in luggage carts without a freight payment;

b)

which hand luggage is not allowed to be carried in passenger cars;

c)

the conditions under which live animals may be taken in passenger cars.

(3) Unofficial table of contents

Section 17 Delay in local rail passenger transport

(1) If the passenger has a travel document which applies exclusively to local public transport, he shall, if reasonably reasonably assumed, be deemed to have been unpunctuated by the person referred to in the In addition to the rights and claims referred to in Regulation (EC) No 1371/2007, the contract of carriage of a railway undertaking's chosen train of train will be delayed at the destination, the following rights:

1.

The passenger may carry out the journey to the destination in accordance with the contract with another train, provided that it is reasonable to assume that the traveler will arrive at the destination at least 20 minutes late. However, the passenger cannot request the use of the other train if there is a reservation obligation for the other train or if the train carries out a special trip.

2.

The traveller may carry out the journey to the destination in accordance with the contract with another means of transport, provided that the time of arrival in accordance with the contract falls within the period between 0.00 am and 5.00 o'clock and, reasonably, it must be assumed that the Passengers will arrive at the destination at least 60 minutes late, or if the train chosen by the traveler is the last scheduled connection of the day and the traveller is in accordance with the contract due to the failure of the train. Destination without the use of the other means of transport no longer reach until 24.00 clock can.

(2) if the traveller is exercising his right under paragraph 1, he may, from the person with whom he has concluded the contract of carriage, require the necessary expenses to be replaced, but for a carriage referred to in paragraph 1 (2), only the (3) The passenger shall not be entitled to the claim referred to in paragraph 2 if the failure or the unpunctuality of the train is due to one of the following reasons:

1.

non-operating circumstances which the railway undertaking which operates the train has not been able to avoid, despite the application of the diligence required by the situation of the case, and the consequences of which it has not been able to prevent;

2.

indebtedness of the traveller;

3.

The conduct of a third party which the railway undertaking which operates the train has not been able to avoid, despite the application of the diligence required by the situation of the case, and the consequences of which it has not been able to prevent.

If one of the causes referred to in the first sentence of the first sentence of 1 or 3 is present, the person with whom the passenger has concluded the contract of carriage may rely on it only if the traveller has been informed of the cause in good time or if the person concerned has been informed of the cause of the transport contract. Cause was obvious. The operator of the railway infrastructure on which the carriage takes place shall not be considered to be a third party in relation to the railway undertaking. Unofficial table of contents

§ 18 Driving price refund

(1) If a traveller does not use the ticket for the journey, he/she may claim the fare. If the ticket has been used only on a part-route, the difference between the fare paid and the usual fare for the distance covered shall be reimbursed. (2) The rate at which the discounted tickets of the ticket are to be paid. (3) If the traveller has used the ticket for the purpose of travelling luggage, he can only demand the fare if he has withdrawn the luggage at the station. (4) The amount to be reimbursed shall be the sum of the amount to be reimbursed. tariff fees for the processing of the refund application. (5) The fare for lost tickets is not reimbursed. (6) The tariff may provide for derogations from the foregoing provisions, which, however, may not be less favourable to travellers. (7) All claims for reimbursement of the fare under this provision shall be extinguissed if they are not claimed within six months of the end of the period of validity of the railway driver's identity card. Unofficial table of contents

Section 19 disagreements

Differences of opinion among travellers or between travellers and the railway staff shall be decided on a provisional basis at railway stations of the supervisory staff, on the trains of the train drivers. Unofficial table of contents

§ § 20 to 24 (omitted)

III.
Transport of travel luggage

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Section 25 Task of travel luggage

(1) The traveller may, as a luggage, give up items which are intended for his use and packed in a manner suitable for carriage as a luggage. (2) Under what conditions of the traveller

1.

motor vehicles and trailers,

2.

Nurseries and prams,

3.

Other items unpacked

(3) The tariff may limit the quantity, quantity and weight of the goods admitted for carriage as luggage, if necessary provide for further restrictions. Unofficial table of contents

§ 26 Packaging. Marking

The railway may reject items of luggage, the packaging of which is insufficient or the nature of which is deficient or which appear to have traces of damage or which are not sufficiently marked. If they are accepted for carriage, the railway may note the condition of the luggage in the luggage slip. If the passenger receives the baggage voucher with the endorsement, he shall recognise that condition. Unofficial table of contents

§ 27 Task. Handling. Baggage Ticket

(1) Travel baggage shall be accepted for the carriage of and to places included in the baggage traffic. (2) For each item of luggage, the number of luggage racks required under the terms of the tariff shall be resolved. Section 11 (2) shall apply accordingly; the one-year period laid down therein shall begin with the date of the issuing of the baggage claim. (3) In the case of the baggage allowance, a baggage voucher shall be handed out to the passenger. The information in the baggage claim shall be relevant for the carriage. The baggage certificate must contain:

a)

the place and date of the duty of the luggage and the delivery point provided by the passenger;

b)

where appropriate, the name and address of the receiving agent of the passenger;

c)

the delivery period;

d)

the baggage cargo and any other charges.

(4) The tariff shall determine whether the ticket is to be presented when the baggage is to be checked. Unofficial table of contents

§ 28

(dropped) Unofficial table of contents

§ 29 Delivery

(1) The baggage shall be delivered against return of the baggage claim and payment of the costs which have not yet been paid. The railway is entitled, but not obliged, to check the holder's entitlement. If the traveller has appointed a receiving agent, the railway may also deliver the baggage to the passenger, even if the baggage certificate is not returned or presented. (2) If the baggage certificate is not provided, the baggage claim shall be returned to the passenger's office. to deliver the luggage only to the person who credibly makes his/her right; it may require security. Unofficial table of contents

§ 30

(dropped) Unofficial table of contents

§ § 31 to 33 (omitted)

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Section 34

(dropped)

IV.
Luggage rack, luggage storage

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§ 35 Luggage carrier

(1) To the extent that luggage racks are ordered at railway stations, they shall bring travel and hand luggage to the places designated by the travellers. Transport outside the station area can only be requested if this is permitted under local regulations. (2) The luggage racks must be recognisable by signs and carry their fare. On request, they have to show the passenger the tariff and hand over the baggage with their number when they take over the baggage. (3) The rate must be paid at the baggage reception and delivery points and in the luggage storage facilities. Room (4) For the travel or hand luggage handed over to the luggage carriers, the railway is liable as for the luggage handed over to it for the carriage. Unofficial table of contents

§ 36 Storage of luggage

(1) The railway is liable for travel and hand luggage, which it accepts for storage, as a Verwahrer. The terms and conditions for storage are regulated by the tariff. Except in case of intent and gross negligence, the tariff may limit the liability to a maximum amount. The charges as well as the opening hours of the storage places are to be disclosed by means of a notice. (2) The liability for travel and hand luggage stored in lockers is governed by the conditions of the railway for the rental of Lockers. (3) If you hand over your luggage for storage, you will receive a filing slip. (4) Baggage, which is not packed or is only defective, can be rejected. If it is accepted, the railway may note the lack of the deposit slip. (5) The railway shall not be liable for any items which are contained in unpacked or poorly packaged items of clothing submitted for storage. (6) The Items deposited may be reclaimed at any time within the times specified for the acceptance and delivery of baggage against the return of the deposit and payment of the deposit for storage. Section 29 (1) and (2) shall apply accordingly. (7) If the stored baggage is not collected within the retention period fixed in the tariff, the railway shall be entitled to hold the luggage three months after the date of expiry of the retention period without formality to the best possible sale. It is already entitled to do so earlier, if the value of the luggage by prolonged storage would be disproportionately reduced or would not be in any relation to the storage costs. The railway has to make available to the traveller the sales proceeds after deduction of the unpaid costs. If the proceeds are not sufficient to cover these amounts, the traveller shall be obliged to repay the uncovered amount. The railway has to notify the traveller of the imminent sale of the luggage, if his stay can be determined.

V. to VIII. with § § 37 to 96

(dropped)

V.
Mediation

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Section 37 Schlichtungsstelle

(1) In order to resolve disputes arising from carriage by rail transport undertakings, the traveller may call a suitable conciliation body. (2) A conciliation body shall be particularly appropriate within the meaning of paragraph 1 if it is to: Requirements of the Commission Recommendation 98 /257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes (OJ L 327, 22.3.1998, p. EC No L 115 p. 31), and follows the following principles:

1.

The authority must be independent and thereby ensure impartial action; in the case of collegial decisions, independence can be guaranteed through the joint participation of representatives of consumers and businesses;

2.

the parties must be able to present facts and assessments and receive legal hearing;

3.

the conciliators and their assistants must ensure the confidentiality of the information, which they are aware of in the dispute settlement procedure;

4.

the dispute settlement procedure must be carried out expeditiously;

5.

the rules of procedure must be accessible to interested parties.

A conciliation body within the meaning of paragraph 1 may also be a conciliation body across the road. (3) The railway undertaking shall, in response to a complaint, indicate the possibility of conciliation and the addresses to indicate appropriate points of order. Unofficial table of contents

Annex

(dropped) Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter XI, Sachgebiet A, Section III
(BGBl. II 1990, 889, 1098)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...

4.

Railway traffic regulations in the revised version published in the Bundesgesetzblatt part III, outline number 934-1, as last amended by the Regulation of 30 June 1989 (BGBl. 1273), with the different conditions of transport approved for the network of the Deutsche Reichsbahn in accordance with Article 5 (2), with the following conditions: in the traffic between the German railways, which until the effective date of accession on the basis of the Convention of 9 May 1980 on International Carriage by Rail (COTIF) (BGBl. 130), by way of derogation from § 7, special arrangements are allowed to the extent permitted by Article 6 (4) of the Single Act concerning the Treaty on International Carriage of Goods (ER/CIM Annex B). COTIF).

...

11.

In so far as individual provisions of the legislation referred to in points 1 to 9 cannot be used, or are not directly applicable, in the light of particular circumstances, they shall apply mutatily to the Deutsche Reichsbahn. The same applies to other federal laws and regulations which provide for special regulations for the Deutsche Bundesbahn (German Federal Railways).