Regulation On The Compensation Of Public Services In Rail Transport

Original Language Title: Verordnung über den Ausgleich gemeinwirtschaftlicher Leistungen im Eisenbahnverkehr

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Regulation on the compensation of public services in rail transport (AEAusglV) AEAusglV Ausfertigung date: 02.08.1977 full quotation: "regulation on the compensation of public services in rail transport of 2 August 1977 (BGBl. I p. 1465), most recently by article 5 number 2 of the Act of 23 March 2005 (BGBl. I S. 931) has been changed" stand: last amended by article 5 No. 2 G v. 23.3.2005 I 931 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.1977 +++) (+++ requirements due to the EinigVtr see AEAusglV annex EV +++) input formula on reason of by the Act of 24 August 1976 (BGBl. I S. 2441) inserted section 6e para 1 of the General railway law in the in the Federal Law Gazette Part III, outline number 930-1, publish adjusted version is prescribed with the consent of the Bundesrat: § 1 training transport training (1), traffic in the sense of § 6a 1 of the General railway law is carriage 1 by school-age persons up to the age of 15 years;
2. after completion of 15 a year) students and students of public, State-approved or state-recognised private - general schools, - vocational schools - facilities of the second chance education, - universities, academies with the exception of the Administration academies, community colleges, State community colleges;
(b) by persons, visit the private schools or other educational institutions not covered by 3(a), unless they are exempt due to visit of these schools or educational institutions of the vocational school, or if visiting these schools and other private educational institutions is eligible for support under the Federal Education Assistance Act;
(c) by people who attend courses to the subsequent acquisition of the Hauptschule or Realschule conclusion at a folk high school or other training establishment;
(d) from persons who are, in a proportion of vocational training within the meaning of the vocational training act or in any other contractual relationship within the meaning of section 26 of the Act on vocational education, as well as persons who are trained in a facility outside the company vocational training within the meaning of section 43 paragraph 2 of the vocational training Act, § 36 para 2 of the handicrafts Regulation Act,
(e) by people who recognized a State-visit vocational preparation course;
f) of interns and volunteers, where the completion of an internship or volunteer is provided for under the rules for training and study before, during, or after a State-controlled education or study at a University;
(g) by officer candidates of the easy and medium-sized service as well as trainees and people who only need to, purchase the qualification for admission as the official candidate of the simple or medium service by visiting a management course unless they recover any travel costs by the Administration;
h) by participants in a voluntary social year or a voluntary ecological year or comparable social services.
(2) the permission to acquire of time tickets of training traffic has to prove the railway by the trainees. In the cases of paragraph 1 No. 2 letters a to g is done through a certificate of training facility or the instructors in the cases of paragraph 1 No. 2 letter h by a certificate of the holder of the relevant social services. The certificate is to confirm that the requirements of paragraph 1 is no. 2. The attestation shall be valid for no longer than a year.

2 cost components apply § for setting the rates for determining the flat-rate cost rates by regulation according to § 6a para 2 of the law the cost elements listed in the annex. Unless otherwise laid down in the annex, annex to the regulation of PR is 30/53 on the prices for public contracts by 21 November 1953 (BAnz. in cases of doubt mutatis mutandis according to the guidelines for the determination of price on the basis of cost price, no. No. 244 of December 18, 1953), to proceed; This imputed costs remain, insofar as they are not specifically listed in the Annex except approach.

Section 3 determination of persons kilometres for the calculation of the compensation (1) people-kilometres are determined by multiplying the transport cases with the average travel distance.
(2) the number of cases of carriage is the sold weekly, calculated via monthly and season tickets in the education sector. For the exploitation of the time tickets 2.3 trips per day of validity are to be based. This week with a maximum of 6 days, is to be the month with a maximum of 26 days and year with a maximum of 240 days; These values can be less than timetable offers are not available or tariff restrictions exist or only training necessary days should be taken into account. Each Beförderungsfall is to include, even if with a time ticket several means of transport are used only once.
(3) there is a continuous line network formed by a railway with entrepreneurs of the road passenger transport or by several railways with single or combined rates and only a ticket is issued per Beförderungsfall, is to increase 10 per cent the number of transport cases, calculated in accordance with paragraph 2.
(4) as the average value for the average travel distance 8 km are to be based.
(5) is assigned to that referred to in paragraph 2 sentence 2 or the increase of transport cases each is deviated from the average values for the exploitation of the time tickets to 10 per cent according to paragraph 3 or the average travel distance education services pursuant to paragraph 4 to more than 25 per cent, the proven values to use are the calculation of the compensatory amount.
The deviations from the average value for the exploitation of the time tickets and the increase of transport cases must be proved by traffic count, or in any other appropriate way. The deviation from the average value for the average travel distance is to prove 1 on the basis of the sold tickets for routes according to the collected actual distances or the average figures for the distance levels approved the tariffs or 2. through traffic or 3rd in any other appropriate way.
(6) (lapsed) § 4 determination of income as income within the meaning of Article 6a, paragraph 1 and 2 of the Act are to be fare revenue from the sale of time tickets in the education sector and revenues from fare surcharges.

§ 5 special revenue sharing contracts (1) the income from the sale of time tickets are summarized with a line network with entrepreneurs of the road passenger transport or by several railways related formed by a railway with single or combined rates and pro rata according to a distribution key agreed the railway assigned, the assigned share as earnings within the meaning of section 6a, paragraph 2, of the Act to specify. In determining the persons-kilometres carried out by the railway, the number of sold weekly is to specify monthly and season tickets in the education sector resulting which after application of the distribution key referred to in sentence 1 to the total number of all weeks sold members of the merger -, monthly and season tickets in the education sector.
(2) by way of derogation from paragraph 1, the participating entrepreneurs may agree a different appropriate conversion. The agreement requires the approval of the Supreme land transport authority.

§ 6 country cross tank transport (1) covers the carriage of trainees with time tickets on the territory of several countries, are to apply the person-kilometre and income whose shares in the compensation provided in the respective country.
(2) by way of derogation from paragraph 1 the countries can split by mutual agreement attributable to them shares in the compensation after the axis kilometers in the country or an other suitable code conversion.

§ To 7 application (1) which is the application for the granting of compensation by the railway until May 31 of each year for the preceding calendar year to the competent Supreme land transport authority. The application must be submitted in triplicate in a nationwide pattern. With a route network with entrepreneurs of the road passenger transport or by several railways related formed by a railway with single or combined rates, also a Community body of this merger can be applications for their members.
(2) the applicant has to calculate the amount of compensation arising under section 6a of the Act and to the provisions of this regulation in the application.
(3) the applicant has in duplicate by the Supreme land transport authority to teach the certificate of an auditor or a recognized authority or person about the accuracy of the information and compensation calculations. Doubts about the accuracy of the information and compensation calculations, the Supreme land transport authority may require further evidence.

§ To deliver 8 decision that decision has to be adopted and the applicant. Is not fully complied with the request, is to justify the decision in writing and provide it with a legal appeal.

§ 9 modification of the conditions
Any change in the facts underlying the calculation of the compensation, is to show the Supreme land transport authority immediately.

§ 10 (1) payments received by railway on the compensation amount at the request of the current calendar year advance payments amounting to a total 80 per cent of the amount of the compensation fixed last for one year, they are half until 15 July and provided until November 15.
(2) and (3) (dropped out) section 11 this regulation into force shall with effect from 1 January 1977.

Concluding formula of the Federal Minister of transport system (to section 2) site of the original text: BGBl. I, 1977, 1468-1469 as cost items are AEAusglV within the meaning of article 2 to bring following items in approach: energy, fuel, and fuel costs are 1 to use LSP No. 15.
2A. any other material (including non-activated low-value commodities) tools and equipment, blotting sand and salt, service equipment and protective clothing, tickets, stationery, uniforms and other construction, operating and auxiliary materials include.
2B. include external services entrepreneur services, services and other third-party services (as far as not activation required). To the Konteninhalt of the cost elements external activities include: business services services of construction and industrial enterprises, craftsmen, etc. services fees for balance checks, tax consulting, freelance work, medical, technical and economic advice, drawings & etc. other external services tickets sales commissions, deposit fees, P.o. box fees, information fees, rental of buses, freight and freight for goods that are not enabled.
2. liability and insurance are to enter the payable for the accounting period premiums for liability and other vehicle insurance and the assessment of such risk groups.
When the insurance is to specify whether the insurance as comprehensive, comprehensive or statutory minimum insurance have been completed (if applicable the amount of cost participation).
2D. other insurance companies here include the premiums for property insurance, accident insurance and all liability insurance listed not under 2 c.
3A. wages and 3B. are salaries wages and salaries to take into account, as they comply with the principles of economic management, LSP (No. 23) only to the extent type and size. There are the collectively agreed wages and salaries to use (imputed wage of entrepreneurs see paragraph 8).
3 c. social costs there are statutory and collectively agreed social expenditures in the actual amount to be applied.
3D. contributions to pension and provident funds and pension provisions are there to put the cost up to the permitted amount.
4. taxes, fees, contributions before taxes within the meaning of the law on turnover tax are not approach. May be taken into account: 4a.
Commercial capital and payroll tax 4B. property tax 4 c.
Other taxes are to use all other cost control of traffic operations (E.g. property tax).
4 d. concession fees expenditure on the use of the public road transport space are to bring - in the form of lease or rental payments - not in approach.
5. space and building rental and leases for rented buildings and parts of buildings as well as for leased land, where they serve the transport company - are to use the agreed rent and leases; for company-owned buildings and land, as far as they are not included in the other cost elements, the actual expenses.
6. other costs here are postal costs, travel and fare costs, Court and Attorney's fees, other administrative costs, as insurance services, covered Fremdversicherungen or in provisions do not.
7 imputed depreciation basis for imputed depreciations are less investment subsidies of from public authorities, the acquisition or production cost. The rule - made in the commercial and tax balance sheet and write-downs remain unconsidered.
8 imputed entrepreneurs pay for the participation of the entrepreneur in sole proprietorships and partnerships, and if necessary free of charge helping family members are to be reasonable costs.
9. imputed interest (cf. No. 43 LSP) applies Article 7 according to the determination of the necessary operating capital.
Cost calculation sheet 1 energy, fuels and fuels 2a other material (including the non-activated lower value assets) 2 b external services (as far as not activation required) 2 c liability and insurance other insurance 3a 2d wages 3B salaries 3 c social cost 3d donations to pension and provident funds and pension provisions 4a commercial capital and payroll tax 4 b wealth tax 4 c taxes 5 room - and building rental and leases 6 other costs 7 imputed depreciation 8 imputed wage of entrepreneurs 9 imputed interest - sum 1-9 Annex EV EinigVtr annex I excerpt chapter XI Functional area A, section III (BGBl. II, 1990, 889, 1099)-requirements for the joined area (art. 3 EinigVtr)-section III federal law in the area with the following stipulations referred to in article 3 of the Treaty enter into force:...
9 regulation on the compensation of public services in rail transport of 2 August 1977 (BGBl. I p. 1465), amended by regulation by 30 June 1989 (BGBl. I p. 1273), with the following provisions: the regulation shall apply only from 1 January 1992.
11. to the extent that any provision of the legislation referred to in paragraphs 1 to 9, taking into account special circumstances not or not immediately application can find, they apply mutatis mutandis for the Deutsche Reichsbahn. The same applies to other laws and regulations of the Federal Government, which provide for special arrangements for the Deutsche Bundesbahn.