Regulation On Request Authorities And Agencies Under The Federal Power Act

Original Language Title: Verordnung über Anforderungsbehörden und Bedarfsträger nach dem Bundesleistungsgesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/blgabv/BJNR010880989.html

Ordinance request authorities and agencies under the federal power Act (request authorities and demand media regulation - ABV) ABV Ausfertigung date: 12.06.1989 full quotation: "request authorities and demand carrier regulation of 12 June 1989 (BGBl. I p. 1088), most recently by article 370 of the Decree of October 31, 2006 (BGBl. I S. 2407) is changed" stand: last amended by article 370 V v. 31.10.2006 I 2407 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.7.1989 +++) input formula on the basis of § 5 para 1, § 7 para 2 as well as the sections 79 and 80 of the federal power act in the Federal Law Gazette Part III, outline number 54-1, adjusted version enacted the Federal Government: § 1 General request authorities request authorities in accordance with article 5, paragraph 1, and section 79, sentence 1, of the federal power Act are, unless otherwise provided in section 2, the authorities of the General Administration at the district level.

Section 2 special request authorities are (1) request authorities for the use of 1 ships - with the exception of sea fishing vessels - and accessories the waterways and shipping directorates;
2. fishing vessel and accessories the Government fisheries offices;
insofar as vehicles of large deep-sea fishing, the Supreme Land authorities responsible for fisheries;
3. inland vessels for which a technical approval for the traffic on Federal waterway is required, in addition to Accessories, except vessels used exclusively in the port operation, the waterways and shipping directorates;
4. air vehicles and accessories with a maximum mass up to 5.7 t aviation Supreme Land authorities, in Baden-Württemberg, Bavaria, Hesse, Lower Saxony and Rhineland-Palatinate higher traffic authorities responsible for aviation;
with a maximum mass above 5.7 t the Federal Ministry for transport, building and urban development;
5. motor vehicles and their trailers and accessories the lower traffic authorities of the countries;
6 trams and trolley buses in addition to Accessories the higher or, where such do not exist the Supreme traffic authorities;
7 private railroad cars and accessories on lanes for public transport the railway Federal Office;
8 housing the municipal authorities.
The diplomatic and consular missions of the Federal Republic of Germany as request authorities are responsible for ships and aircraft in a foreign country. The international requirement of consent of the host Government to exercise this authority shall remain unaffected.
(2) requirements according to § 2 para 1 No. 7 of the federal power Act are responsible for 1 systems of road construction the higher or, where such do not exist, the top road construction authorities, in North Rhine-Westphalia the landscape associations;
2. systems in a federal waterway, with the exception of parts of the Federal Elbe waterway, maintained by the State of Hamburg, the waterways and shipping directorates;
3. other hydraulic engineering installations the higher or, where such do not exist the Supreme water authorities of the countries;
4. Federal ports the waterways and shipping directorates;
5. other ports the port supervision authority of countries, in Baden-Württemberg, Hesse and the port authorities of Lower Saxony, Bavaria and North Rhine-Westphalia the authorities of the General Administration at the district level, Rhineland-Palatinate higher transport authorities;
6 airports the Supreme Land authorities responsible for aviation;
7 airports (except no.6) the aviation Supreme Land authorities in Baden-Wuerttemberg, Bavaria, Lower Saxony and Rhineland-Palatinate higher traffic authorities for the aviation.
Insofar as the requirements concerning installations, the lower breaking facilities for military purposes are used, the higher administrative authorities are responsible for the numbers 2, 4, and 5.
(3) the competence of the authorities referred to in paragraph 1 extends also to the request of services according to § 2 para 1 No. 9 and 10 of the federal power Act, which are to provide the transport referred to in paragraph 1.
(4) the jurisdiction of the authorities referred to in paragraph 2 also extends to the request of equipment and facilities, including terminals, as well as on services, which are hereby providing insofar as they serve the traffic. The same applies to 5 and 6 authorities referred to which in paragraph 1 No..
(5) request authority for the use of radio equipment, including the equipment necessary for their operation as well as in § 2 para 2 of the federal power Act technical equipment referred to and facilities of the broadcasters is the Federal post and telecommunications: § 3 territorial jurisdiction (1) fixed the request authority, in whose district the subject-matter of the request or of the subject-matter is, to which the power relates is responsible , or to provide the performance in their district. Can performance in the commercial branch of Satsfaction be provided, so the request authority's jurisdiction, in whose district the Office is.
(2) the request relates to motor vehicles and their trailers which are approved within the scope of this regulation, so the request authority's jurisdiction, whose district runs the file about the registration of the vehicle. In particularly urgent cases or if the authority for actual reasons pursuant to sentence 1 is unable to exercise their powers as the request authority, or at the request of motor vehicles and their trailers, which are not allowed within the scope of this regulation, the request authority is responsible, in whose district the vehicle is at the time of the request.

Article 4 territorial jurisdiction for ships (1) relates to the requirement ships, so the request authority's jurisdiction, in whose district is the home port or hometown of the vessel. A ship has no homeland or hometown in the area of application of this regulation, so the request authority's jurisdiction, in whose district the ship is. Section 3, paragraph 2, sentence 2 shall apply mutatis mutandis.
(2) the District of waterways and shipping Directorate within the meaning of this regulation includes the Federal waterway of its management scope and with these contiguous waters.

As long as request authorities are unable for actual reasons, their powers to exert § 5 replacement jurisdiction, it can be perceived by the parent of the same branch of the administrative authorities. The powers of the authorities of the requirement can under the conditions referred to in sentence 1 of the immediately subordinate authorities of the same administrative branch are perceived, if this is necessary to avert an imminent danger and the parent authorities can act not in time.

§ 6 need rack required in accordance with section 7 paragraph 2 of the federal power Act are 1 the Federal Government, even if it is to meet the demand of the Allied forces and the international military headquarters in the scope of the federal power Act, 2., 3. the municipalities and municipal associations, 4. the bearers of social assistance, 5. entertain the syndicates, which serve the public supply of electricity, gas, water or waste water disposal or hospitals.

§ 7 users for maneuvers or other exercises required carrier for maneuvers or other exercises of troops or associations and units of civil protection (article 66 para 1, § 80 of the federal power Act) are 1 the Federal Government, even if it is exercises (exercises) of the Allied forces, 2., 3. the municipalities and municipal associations.

§ 8 the competent authorities of the request are competence in City-States (1) In the State of Bremen 1 in the City Municipality of Bremen Senate;
2. in the town of Bremerhaven the magistrate.
(2) in the State of Hamburg § 1 and 2 para 1 are responsible in the cases of § 1 No. 8 the district offices;
2. for ships that meet the conditions of section 2 para 1 No. 3, the technical authority for the safe position;
3. for installations in federal waterway, as far as these are managed by the State of Hamburg are in waters I order for the execution of water construction equipment technical authority;
4. in the cases of § 2 para 1 No. 2 for fishing, para. 1 No. 4 and para. 2 set 1 No. 6 and 7 for aviation, para. 1 No. 5 and 6 for the safe position, para. 2 sentence 1 No. 1 for road construction, para. 2 sentence 1 No. 3 and para. 2 sentence 2 in connection with sentence 1 No. 2 when waters I. order for the execution of water construction equipment , Para 2 sentence 1 No. 5 and para. 2 sentence 2 in connection with sentence 1 Nos. 4 and 5 the technical authority for the port authority.

Article 9 entry into force (1) this regulation enters into force on the first day of the calendar month following the announcement.
(2) the closing formula, the Federal Council has approved.