Regulation on compensation for public transport services in the rail sector (AEAusglV)

Unofficial table of contents

AEAusglV

Date of completion: 02.08.1977

Full quote:

" Regulation on the compensation of public services in the railway sector of 2 August 1977 (BGBl. 1465), as last amended by Article 5 (2) of the Law of 23 March 2005 (BGBl I). I p. 931)

Status:

Last amended by Art. 5 No. 2 G v. 23.3.2005 I 931

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1977 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  AEAusglV Appendix EV + + +) 

  

Unofficial table of contents

Input formula

On the basis of the law of 24 August 1976 (BGBl. I p. 2441) § 6e paragraph 1 of the General Railways Act, in the revised version published in the Bundesgesetzblatt part III, outline number 930-1, is decreed with the consent of the Federal Council: Unofficial table of contents

§ 1 Training

(1) Training traffic within the meaning of Section 6a (1) of the General Railway Act is the transport

1.

from school-age persons to the completion of the 15th Year of life;

2.

after completion of the 15. Life Year

a)

of pupils and students of public, state-approved or state-approved private-general-education schools,-vocational schools,-institutions of the second educational pathway,-universities, academies, excluding the Administrative academies, adult education centres, rural folk schools;

b)

of persons who visit private schools or other educational establishments not covered by subparagraph (a), provided that they are exempt from compulsory vocational training on the basis of their visit to these schools or educational establishments, or where the visit is these schools and other private educational institutions are eligible under the Federal Education and Training Act;

c)

persons who attend courses for the subsequent acquisition of the main school or secondary school degree at a adult education school or other institution of continuing education;

d)

persons who are in a vocational training relationship within the meaning of the Vocational Training Act or in another contractual relationship within the meaning of Section 26 of the Vocational Training Act, as well as persons who are in a facility outside of the company vocational training within the meaning of Section 43 (2) of the Vocational Training Act, Section 36 (2) of the Craft Code;

e)

of persons who attend a state-approved vocational preparation course;

f)

Trainees and volunteers, provided that the performance of an internship or a traineeship before, during or after a state-regulated education or a degree at a university in accordance with the provisions applicable to education and study is provided for;

g)

civil servants of the simple and medium-sized service, as well as trainees and persons who, by attending an administrative training course, must first acquire the qualification for admission as civil servant of the simple or medium-sized service, provided that they do not receive any travel expenses from the administration;

h)

of participants in a voluntary social year or voluntary ecological year or comparable social services.

(2) The entitlement to the acquisition of time travel certificates of the training traffic has to be proven by the railway from the trainee. In the cases referred to in paragraph 1 (2) (a) to (g), this shall be done by submitting a certificate from the training centre or the training institution, in the cases referred to in paragraph 1 (2) (h), by the submission of a certificate from the institution of the social services. The certificate must certify that the condition set out in paragraph 1 (2) is provided. The certificate shall be valid for a maximum of one year. Unofficial table of contents

§ 2 Cost components for setting the cost rates

The cost components listed in the Appendix shall apply to the determination of the flat-rate cost rates by means of a legal regulation in accordance with Section 6a (2) of the Act. Unless otherwise specified in the Appendix, in cases of doubt, according to the rates for the pricing of costs based on self-cost, annex to Regulation PR No 30/53 on the prices of public contracts awarded on 21 November 1953 (BAnz. No 244 of 18 December 1953), where the costs of costing, unless expressly stated in the annex, are not included in the Annex. Unofficial table of contents

§ 3 Determination of the persons-kilometre for the calculation of the compensation

(1) Person-kilometre shall be determined by multiplying the transport cases with the mean travel distance. (2) The number of transport cases shall be calculated according to the weekly, monthly and annual tickets sold in the course of training. For the utilization of the time travel method, 2.3 journeys per day of validity are to be used. In this case, the week shall not exceed 6 days, the month with a maximum of 26 days and the year not exceeding 240 days; these values may be undershot to the extent that timetable offers are not available or if there are tariff restrictions; or shall be taken into account only for the days necessary for training. Each transport case is to be counted only once, even if several means of transport are used with a time pass. (3) Consists of a railway with entrepreneurs of the road passenger transport or of several railways The number of transport cases calculated in accordance with paragraph 2 shall be increased by 10 per cent by the hundred per transport case. (4) The average value of the transport cases shall be 10 per cent. (4) (5) It is shown that the average travel distance is eight kilometres. of the average values for
the exploitation of the time-travel statements referred to in the second sentence of paragraph 2, or
the increase in transport cases by 10 of the hundred referred to in paragraph 3, or
The average travel distance in the training sector referred to in paragraph 4
in each case by more than 25 per cent, the calculation of the compensatory amount shall be based on the values which have been proven.
The deviations from the average value for the exploitation of the time-travel documents and the increase in the transport cases shall be demonstrated by means of a traffic count or by other appropriate means. The deviation from the mean value for the average travel distance shall be proven

1.

on the basis of the route tickets sold on the basis of the actual distance covered or the mean values of the distance levels of the approved tariffs, or

2.

by means of traffic counting or

3.

in any other appropriate way.

(6) (omitted) Unofficial table of contents

§ 4 Determination of income

As income within the meaning of Section 6a (1) and (2) of the Act, the proceeds from the sale of time tickets in the course of training and the revenue from fare surcharges are to be used. Unofficial table of contents

Section 5 Special arrangements in the case of revenue-sharing contracts

(1) In the case of a continuous network of railway lines with road passenger transport undertakings or a number of railways, the proceeds from the sale of time tickets shall be subject to uniform or related tariffs. , and the railway is allocated in proportion to an agreed distribution key, the allocated share shall be disclosed as a yield within the meaning of Section 6a (2) of the Act. The number of weekly, monthly and annual tickets sold by the railway shall be indicated for the purposes of determining the number of kilometres paid by the railway, following the application of the distribution key referred to in the first sentence of sentence 1. the total number of weekly, monthly and annual tickets sold by all the members of the concentration in the course of training. (2) By way of derogation from paragraph 1, the operators concerned may have a different appropriate key agree. The agreement shall be subject to the approval of the supreme state transport authority. Unofficial table of contents

§ 6 Cross-country transport

(1) In the case of the transport of apprentices with time-travel references to the territory of a number of countries, their shares in the compensation shall be based on the persons-kilometre and income provided in the country concerned. (2) By way of derogation from paragraph 1, the Member States may, by common agreement, divide the shares in the compensation paid on them in accordance with the axis of the axe provided in the country concerned or by another appropriate key. Unofficial table of contents

§ 7 Request

(1) The application for compensation shall be submitted by the railway to the competent national competent authority for the preceding calendar year by 31 May each year. The application shall be submitted in triplicate and in accordance with a uniform national model. In the case of a continuous network of fixed or uniform tariffs, established by a railway with a trader of the road passenger transport or of several railways, a Community body shall also be able to establish that concentration (2) In the application, the applicant has to calculate the amount of compensation under § 6a of the Act and under the provisions of this Regulation. (3) The applicant has the following in two copies: Certificate of a chartered accountant or one of the highest National transport authority shall provide a recognised body or person with the accuracy of the information and compensatory calculations. If there is doubt as to the accuracy of the information and compensation calculations, the supreme state transport authority may require further evidence. Unofficial table of contents

§ 8 Decision

The decision shall be issued in writing and shall be notified to the applicant. If the application is not fully complied with, the decision shall be justified in writing and shall be accompanied by an appeal for appeal. Unofficial table of contents

§ 9 Change of requirements

Any change in the facts on which the calculation of the compensation is based shall be notified immediately to the supreme state transport authority. Unofficial table of contents

§ 10 Prepayments

(1) The railway shall receive, on application for the current calendar year, advance payments of 80 from the hundred of the compensatory amount last fixed for one year, and shall be paid in each half to 15 July and until 15 July, and until 15 July, on 15 November. (2) and (3) (omitted) Unofficial table of contents

Section 11 Entry into force

This Regulation shall enter into force with effect from 1 January 1977. Unofficial table of contents

Final formula

The Federal Minister for Transport Unofficial table of contents

Annex (to § 2)

Source of the original text: BGBl. I 1977, 1468-1469

The following positions are to be taken into account as cost components within the meaning of § 2 AEAusglV:

1.

Energy, fuel costs and fuel costs are to be used in accordance with LSP No. 15.

2a.

Other materials (including non-activated low-value economic goods) These include tools and equipment, strawsand and salt, service equipment and protective clothing, tickets, office supplies, service clothing and other construction, Operating and auxiliary substances.

2b.

External services (if not required) This includes entrepreneurial services, services and other foreign services. The contents of the contence of the cost type of foreign services include:

Business performance of construction and industrial companies, craftsmen and dgl.servicesHonorary for balance-sheet examinations, tax consulting, freelance work, technical, economic and medical reports, drawings and others dgl.Other third-party ticket sales commissions, depository fees, postal charges, accommodation fees, renting of buses, freight and freight for goods that are not activated.

2c.

Liability and vehicle insurance

The premiums due for the accounting period are to be applied to liability and other vehicle insurance and to the levy of such risk communities. In the case of the vehicle liability insurance, it must be stated whether the insurance is considered as being Full-coverage, partial or statutory minimum insurance is completed (if necessary) Information on the amount of the self-paid contribution).

2d.

Other insurances The premiums for property insurance, accident insurance and all liability insurance not listed in 2c are included.

3a.

Wages and

3b.

Wages and salaries are to be taken into account in the manner and scope only to the extent that they comply with the principles of economic management (LSP No 23). The wages and salaries agreed on collectively are to be used (see paragraph 8 above).

3c.

Social costs The statutory and agreed social costs are to be applied in actual amounts.

3d.

Benefits for pension and pension funds as well as pension reserves The costs are to be used up to the taxable amount.

4.

Taxes, fees, contribution taxes within the meaning of the sales tax law remain out of approach. The following can be considered:

4a.

Industrial capital and payroll tax

4b.

Asset Tax

4c.

Other taxes are to be used for all other taxes on the operation of the transport operation (e.g. property tax).

4d.

Concession fee expenditure for the use of the public road transport area is not to be taken into account, including in the form of lease payments or rent payments.

5.

Room and building rivets and ledges For rented buildings and parts of buildings, as well as for rented land-as far as they are used for the transport operation-the agreed rents and pens are to be used; for company-owned buildings and land, as far as they are not included in the other cost types, the actual expenses.

6.

Other costs include postal charges, travel and fare costs, court and attorney costs, other administrative costs, as well as liability benefits, which are not covered by third-party insurance or from provisions.

7.

The basis for calculating depreciation, depreciation and amortization is the cost of acquisition or production, reduced by investment grants from the public sector. The general and special depreciation of the trade and tax accounts shall not be taken into consideration.

8.

Calculatory entrepre for the participation of the entreprenter in individual companies and partnerships and, where applicable, Family members shall be employed free of charge for the appropriate costs.

9.

Calculatory interest (cf. 43 LSP) For the determination of the capital necessary for operation, paragraph 7 shall apply accordingly.

Cost Determination Arc

1

Energy, fuel and heating fuels

2a

Other materials (including non-activated low-value economic goods)

2b.

Outside services (if not required)

C

Liability and vehicle insurance

2d

Other insurance

3a

Wages

3b

Salaries

3c

Social costs

3d

Contributions to pension and pension funds and pension provisions

4a

Industrial capital and payroll tax

4b

Asset Tax

4c

Other taxes

5

Room and building rentals and pachts

6

Other costs

7

Calculatory depreciation

8

Calculatory entrepreneurial wage

9

Calculatory interest

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Total 1-9 Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter XI, Sachgebiet A, Section III
(BGBl. II 1990, 889, 1099)
-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:
...

9.

Regulation on compensation for public services in the railway sector of 2 August 1977 (BGBl I). 1465), as amended by the Regulation of 30 June 1989 (BGBl I). 1273), with the following proviso: the Regulation shall be applied only from 1 January 1992.

...

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).