Read the untranslated law here: http://www.gesetze-im-internet.de/aeg_1994/BJNR239600993.html
General railway law (AEG) AEG copy date: 27.12.1993 full quotation: ' General railway law of 27 December 1993 (Federal Law Gazette I p. 2378, 2396;) " (1994 I S. 2439), by article 1 of the Act of May 28, 2015 (BGBl. I p. 824) has been changed "stand: last amended by article 4 para 120 G v. 7.8.2013 I 3154 Note: consequential amendment article 1 b G v. 24.5.2014 I 538 is considered amendment article 1 G v. 28.5.2015 I 824 (No. 21) textually evidenced by, edited documentary has not conclusively about the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.1994 +++) the G as article 5 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) by the German Bundestag, with the consent of the Federal Council decided. It is accordance with art. 11 para. 1 sentence 1 of this G on the 1.1.1994 entered into force.
§ 1 scope, conditions of competition (1) this law is designed to ensure of safe operation of the railway and an attractive transport services on the rail, as well as ensuring an effective and undistorted competition on the rail in the provision of rail transport services and the operation of railway infrastructure. This law is also the transposition or implementation of legal acts of the European communities or of the European Union in the field of railway law.
(2) this Act applies to railways. It does not apply to other railways such as maglev trains, trams and the cars similar to its construction or operation, mountain railways and other lines of a particular type. It does not apply also for the supply of railways with conducted energy and especially power, telecommunications services, not by this law or on the basis of this Act is something else.
(3) the provisions of this Act are subject to of § 26 para 1 sentence 1 not applicable No. 1a in conjunction with sentence 2, as far as Regulation (EC) no 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of passengers in railway transport (OJ EU no. L 315 p. 14) identical or contrary provisions are provided.
(4) Regulation (EC) no 1371/2007 is to apply paragraph 5 not on such transport services of the local passenger services in accordance with its article 2, which are operated mainly for reasons of historical interest or tourist purposes.
(5) with the aim of best transport service, Federal Government and State Governments have to ensure that the transport conditions of competition are aligned, and that wasteful allocation of tasks is possible through a fair competition in the transport.
Article 2 definitions (1) railways are public or privately organised business, provide rail transport services (train operating company) or (infrastructure railways) operate a railway infrastructure.
(2) rail transport services are the transport of persons or goods on a rail infrastructure. Railway undertakings must be able to ensure the traction.
(2a) cross-border freight transport are transport services for the transport of goods where the train crosses at least one border of a Member State of the European Union or a Member State of the agreement of 2 May 1992 on the European economic area; the train can be expanded and split and the different sections of the train can have different departures and destinations, provided that all wagons cross at least one border.
(2B) cross-border passenger services are transport services for the transport of passengers, where the train crosses at least one border of a Member State of the European Union or a Member State of the agreement on the European economic area and the main purpose of the train is the carriage of passengers between stations in different Member States; the train can be expanded and split and the different sections of the train can have different departures and destinations, provided that all wagons cross at least one border.
(3) the railway infrastructure includes the equipment of railways including the railway power transmission.
(3a) operators of the railways is any railway infrastructure company that has the operation, construction and the entertainment of the railways of the railway to the subject, with the exception of the railways in service facilities.
(3B) railways, which operated to use for its own freight operations include railways, which serve the internal transportation or arrival and delivery of goods via rail for one or more specific companies. Own freight exists even when of such railways not the company itself, but rather a third party performs the transport for the company.
(3c) facilities are 1. centres for the refueling, 2 railway stations, whose buildings and other facilities, 3 stations and terminals, 4. marshalling yards, 5 train educational institution, 6 sidings, 7 maintenance facilities and other technical facilities and 8 ports.
(4) (lapsed) (5) rail transport is generally accessible transportation of persons in trains, which are mainly intended to meet the transport demand in urban, suburban or regional services. This is the case in doubt when in most of cases of a train carriage the entire travel distance does not exceed 50 kilometres or the total travel time of an hour.
(6) railways or company of the Federal Government are companies located predominantly in the hands of the Federal Government or a company majority owned by the Federal Government.
(7) the Supreme land transport authorities involved decide, insofar as it is not railways of the Federation, in cases of doubt in consultation with the Federal Ministry of transport and digital infrastructure whether and to what extent a railway to the railways in the meaning of this Act is to be expected. You also decide as far as it is not to railways of the Federation, and about whether rail transport exists within the meaning of paragraph 5.
(8) networks of regional transport are railways, on which any of the long-distance passenger trains.
(9) regional trains are railway undertakings which provide only services on networks of regional traffic, even if they also run over these networks in the transition train station outside of the respective network of regional transport.
§ 3 public rail transport (1) railways serve the public transport (public railways), if they run as 1 railway company commercial - or businesslike and everyone use according to their intended purpose for the persons or goods (public railway undertakings), 2 railway infrastructure company must grant access to their railway infrastructure (public company), 3 operators of the railways must allow access to their railways (public operator of railways).
(2) the railways covered by paragraph 1 are not public railways.
Section 4 security duties, responsibilities of the Federal Railroad Office (1) rail infrastructure and vehicles must meet the requirements of public security 1 at the building at the time commissioning and operation 2.
(2) a permit is in a piece of legislation for the operation of a railway infrastructure or vehicle, then railways, holder of railway vehicles or manufacturers may apply for approval to operate.
(3) the railways and holder of railway vehicles are obliged 1 sure to run their business and to participate 2. measures of fire protection and technical assistance.
Railways are also required to build the railway infrastructure safely and be kept in safe condition.
(4) railways, a safety certificate or a safety authorisation need to have a safety management system referred to in article 9 paragraph 2 and 3 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on railway safety in the community and amending Directive 95/18/EC of the Council on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity , the levying of charges for the use of railway infrastructure and safety certification ("the railway safety directive") (OJ L 164 of 30.4.2004, p. 44, L 220 of the 21.6.2004, p. 16), the last by Directive 2009/149/EC (OJ L 313 of 28.11.2009, p. 65) is has been modified, to establish and to maintain records of its contents in the form of non-personal. The other railways have to set regulations to meet the requirements of public safety in an appropriate manner and to keep records of their content in the form of non-personal.
(5) the railways have to mark no longer used records of the system by them pursuant to paragraph 4 sentence 1 and 2 without delay as such. The railways are obliged to keep the records from the day of marking for five years.
(6) in terms of construction, modification, entertainment, and operation of facilities and the vehicles of railways of the Federation the granting of construction shares, approvals and permits, 2. responsibility for the federal railway authority 1 the inspections, tests and audits on the basis of other laws and regulations. § 5 paragraph 5 shall remain unaffected.
(7) the operator of railways must make the distance-based power supply to the object of his company also operating the corresponding control and security systems, as well as the ancillary facilities.
Section 4a the railways and holder of railway vehicles are for the maintenance maintenance (1) each of their railway vehicles of responsible (Center responsible for the maintenance). You can transfer the task pursuant to sentence 1 on the body responsible for the maintenance of a third party.
(2) without prejudice to the responsibility of the railways and holder of railway vehicles for the safe operation of the bodies responsible for the maintenance are obliged to keep the railway cars acquired by them for maintenance in safe condition.
(3) the maintenance have the competent bodies which require a certificate of maintenance points, to set up a maintenance system, and to keep a record of the contents in the form of non-personal. The maintenance system according to the requirements of article 4 of Regulation (EU) No. 445 / 2011 of the Commission by May 10, 2011, through a system of certification by bodies responsible for the maintenance of wagons and amending Regulation (EC) no 653 / 2007 (OJ OJ L 122 of the 11.5.2011, p. 22). Maintenance depends on 1 the maintenance of each railway vehicle according to article 4 paragraph 1 letter b of Regulation (EU) No. 445 / 2011 and 2. the applicable requirements, including the relevant arrangements for the vehicle maintenance and the technical specifications for interoperability.
(4) the remaining points for the maintenance of railway vehicles, which require no maintenance job certificate, have to set regulations to meet the requirements of public safety in an appropriate manner and to keep records of their content in the form of non-personal.
(5) the bodies referred to in paragraphs 3 and 4 are of them pursuant to paragraph 3 sentence 1 and paragraph 4 immediately as such to indicate no longer used records of the system. The agencies are required to keep the records from the day of marking for five years.
(6) the bodies referred to in paragraphs 3 and 4 have to keep the maintenance of each railway vehicle as long as the railway vehicle can be used as such. Each railway vehicle maintenance proof belonging to the maintenance are according to DIN 27201-2:2012 022) to be kept.
(2) official note: this is in the Beuth-Verlag GmbH, Berlin, published and archive terms secured laid down at the German patent and trade mark Office in Munich.
§ 4 b test expert (1) test experts check on behalf of the railways, the manufacturer, the safety authority or the railway authority of the countries 1 national technical compliance, not after article 17 (3) of Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (recast) (OJ L 191 of the 18.7.2008, p. 1), the last by Directive 2014/38/EC (OJ L 70 of the 11.3.2014, p. 20) has been modified, has been notified, or 2. designated proof of a permissible deviation in number 1 technical regulations in the area of a) the creation of structures, signal equipment, telecommunication equipment and electrical equipment b) the use of construction products, designs, components, systems and procedures.
Test expert be recognized as long as they have the required expertise, are reliable and independent of the contracting authority. Their activity is monitored. Details for recognition and supervision regulates a regulation within the meaning of § 26 paragraph 1 sentence 1 number f. (2) test experts are 1 letter referred to in paragraph 1 in the case of an order of the safety authority or the Railway Inspectorate of the countries as their active management helper.
§ 5 railway supervision (1) by the railway authority is adherence to 1 this Act and thereon law regulations, 2. the law of the European communities or the European Union, insofar as no. 1371/2007 concerned articles of the Act or regulation (EC), 3rd of intergovernmental agreements, insofar as they relate to articles of this law, monitors.
((1a) for the railway authority and permits 1 the Federal Government for a responsible, unless otherwise provided in this Act,) railways of the Federation headquartered in Germany, b) railways of the Federation not incorporated in Switzerland in respect of the use or operation of railway infrastructure on the territory of the Federal Republic of Germany, c) not state-owned railways without seat in Germany with regard to the use of railway infrastructure on the territory of the Federal Republic of Germany , 2. the countries for a) not state-owned railways with headquarters in Germany, b) not state-owned railways without seat in Germany with regard to the operation of a railway infrastructure on the territory of the Federal Republic of Germany.
(1B) for railway supervision and for permits 1A No. 2 letter a is, as far as in this act otherwise determined, responsible 1 for railway undertakings referred to in paragraph the country in which they established, 2. for railway infrastructure undertakings referred to in paragraph 1 a no. 2 each, the country in which they operate their railway infrastructure.
In the case of the set, the participating countries can agree otherwise 1 No. 2.
(1c) the authority responsible for railway supervision of a railway infrastructure company has also the supervision of railway undertakings, insofar as they use the railway infrastructure subject to their supervision.
(1 d) the Federal 1 is the recognition and supervision of a) notified bodies within the meaning of article 2 letter j in connection with articles 18 and 28 of Directive 2008/57/EC, b) specific points within the meaning of article 17 paragraph 3 sentence 3 of Directive 2008/57/EC, and 2. the task of the recognition of assessment bodies within the meaning of article 7 point (b) in connection with article 13 (1) of the implementing Regulation (EU) No. 402 / 2013 of the Commission by April 30, 2013 the common security method for the evaluation and assessment of risks and repealing Regulation (EC) no 352 / 2009 (OJ OJ L 121 of the 3.5.2013, p. 8).
The Federal Government takes the tasks pursuant to sentence 1 by which for railway supervision referred to in paragraph 2 sentence 1 federal authority as security authority true. The safety authority at the request of granted recognition pursuant to sentence 1. Without prejudice to the set 1, point 1 (a) the performance of duties of a notified body is the Federal, to set up such as far as under the law of the European Community or the European Union in connection with the interoperable railway system is. This set is set up at the for railway supervision referred to in paragraph 2 1 Federal Authority a notified body.
(1e) the approval of the operation of structural subsystems and parts of these in accordance with the law of the European communities or the European Union; is the Federal for the rule-lane railways, the holders of railway vehicles and the bodies responsible for the maintenance 1.
2. the granting of a) safety certificates and safety approvals, as well as b) maintenance make certificates and certificates for maintenance functions;
3. the recognition of training facilities and monitoring their activities, as well as keeping a register of training institutions;
4. the railway supervision, except the monitoring of compliance with the provisions of sections 8 to 13, not state-owned railways, requiring a safety certificate or safety authorisation;
4A. railway supervision of holder § 25a; be registered according to § 32, whose railway vehicles in the vehicle register in accordance with
5. the railway supervision of the placing on the market of interoperability constituents in the sense of Justice of the European communities or the European Union;
6. the monitoring of the rules laid down by public railways, which include requirements to ensure of railway safety and apply more than a railroad with the exception of rules for operators of regional trains and networks of regional traffic;
7. the maintenance of a regulatory vehicle setting register, insofar as this set is according to the law of the European communities or of the European Union;
8 in cases where the railway undertaking must have a security certificate or the railway infrastructure companies a safety permit, a) the granting, suspension and withdrawal of driving licence vehicle and overseeing the continued existence of the grant conditions;
b) the aa) monitoring of the procedure may use that the holder of a driving licence vehicle for the granting of certificates of the infrastructure and vehicles, and lead (certificates),
(bb) monitoring, whether the issuing requirements for certificates remain, and the necessary supervisory measures, cc) handling of complaints within the framework of the procedure for the granting of certificates;
(c) the execution of a driving vehicle driving licence register;
d) the recognition or approval of aa) physicians and psychologists to the suitability investigation and bb) Auditors for the issue of vehicle driving license and certificates, and their monitoring and keeping each a register thereof;
9 approve exceptions from the application of certain technical specifications for interoperability.
The Federal Government takes the tasks pursuant to sentence 1 by which for railway supervision referred to in paragraph 2 sentence 1 federal authority as security authority true.
(1f) is the federal investigating dangerous events in the railway operations on railway infrastructures, which are subject to the supervision of its railway. The Federal Government assumes the task pursuant to sentence 1 by the Federal Ministry of transport and digital infrastructure as the investigating authority. This may at any time revocable Commission the federal railway authority to investigation actions. In the case of mandating the federal railway authority is the powers of the investigating authority, powers for the implementation of the authorized investigation actions are required.
(1 g) workers of the railway Federal Office responsible for the investigation of the accident are subject to the orders of competent for the investigation of employees of the Federal Ministry of transport and digital infrastructure in the accident investigation exclusively and directly, as far as the arrangements are not the official position of the employees of the railway Federal Office.
(1 h) whether the Federal the recognition and supervision of inspection experts within the meaning of § 4 (1i). the tasks and the powers of the authorities responsible for the prosecution and punishment of offences remain otherwise unaffected.
(2) for the Federal Government, the authorities given under the Federal rail transport management Act, for each country the authority determined by the provincial government are responsible. The country and the Federal Government can reconcile the railway supervision, wholly or in part to transfer the federal authority for the grant of authorisation, as well as the investigation of accidents and dangerous events. The costs associated with the tasks is to reimburse the Federal Government. The federal railway authority performs the tasks according to the instructions and on behalf of the country. The provincial government can transfer other public or private bodies wholly or partly by a regulation the railway authority and the authority for the grant of authorisation. Supervisory and approval authority within the meaning of this Act is also the place which has carried the State Government pursuant to sentence 4 or the Federal Ministry of transport and digital infrastructure tasks under the Federal Railway Administration Act.
(3) the provincial government determined the authority which is responsible for railways of the Federal and not state-owned railways without seat at home, as far as it to adhere to regulations on the basis of article 1 paragraph 5 and 6 of Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by the Member States in with associated the concept of public service obligations in the field of the railway , Road and inland waterway (ABI. EC No. L 156, p. 1), as last amended by Regulation (EEC) No 1893/91 of 20 June 1991 (ABI. EC No. L 169 S. 1), regarding the local passenger services of this railway on the territory of the Federal Republic of Germany is.
(4) by way of derogation, paragraphs 1a and 1B the certain by the Government authority of the country in which the railway undertaking is established, 2. a Verkehrs - und tarifverbund, used by a railway company, the authority of the country in which the respective Federation is headquartered by the provincial government is responsible for the approval and compliance with tariff 1 local passenger services:.
The railway undertaking has its seat abroad, the authority of the Member State is responsible where the majority according to the length of used rail infrastructure is located. The competent licensing authority makes its decision after consulting the authorities of the countries affected by the scope of application of a tariff.
(5) compliance with occupational safety regulations is monitored by the authorities in accordance with these rules. For rail vehicles and systems that directly serve to ensure the operating performance, the Federal Ministry of transport and digital infrastructure in agreement with the Federal Ministry of labour and Social Affairs can transferred responsibility by decree with the consent of the Federal Council to the federal railway authority.
(6) on application by a railway undertaking, the even on the outside of the network of regional transport, rail transport to the nearest town with a population of over 100 000 operates this transition station addition, may the Federal Ministry of transport and digital infrastructure, after consultation with the countries involved in the case specify that on this railway undertakings the provisions to apply are that apply, as far as 1 it is a special regional need for regional railways , 2. the railway undertaking has demonstrated the necessary qualifications, and 3. the unity of the railway authority is not endangered.
The arrangement is known to give the applicant and the participating countries. She shall be published in the Federal Gazette.
(7) (lapsed) § 5a tasks and powers of the Railway Inspectorate (1) which have Railway Inspectorate is the task to monitor the compliance with the requirements laid down in article 5, paragraph 1, insofar as nothing determined in this law. They have in particular the task to fend off 1 hazards that arise in the operation of the railway or emanate from the facilities, and 2. exploring dangerous events in the railway operations.
(2) the Railway Inspectorate can in performance of their duties towards those that those provisions will be required by in article 5 paragraph 1, take the measures that are required to eliminate any violations and to prevent future violations of the in article 5 paragraph 1 regulations stated in.
(3) § 5 para 1c according to competent authority has the railway company against only the powers referred to in paragraph 2, paragraph 4 Nos. 2, 4 and 5. She has to teach paragraph 1a, 1B and 2 for the railway undertakings supervisory authority over complaints and measures taken pursuant to section 5.
(4) the obligation referred to in paragraph 2 and the persons working for them must allow the Railway Inspectorate and their agents to carry out the supervision of railway land, premises and equipment within the normal business working hours to enter 1, 2 railway vehicles to enter as well as free of charge and without a ticket to ride, 3 books, papers, documents, in particular documents relating to the obligation of the railways after the sections 4, 12, 14 , to see, 4 items, as well as records of itinerary, train messages and errors to investigate dangerous events in official custody to take.
(5) the obligation referred to in paragraph 2 and the persons working for them have to provide information the Railway Inspectorate and their agents all to carry out the supervision of railway required 1, proof 2, make tools 3. and provide ancillary services.
The information is truthfully and to the best of our knowledge to give. The obligated party to the information the information on such questions, may refuse the answers himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings for an offence would in section 383, paragraph 1.
(6) companies, the railway vehicles and maintain infrastructure control and security systems at home, and the persons working for them are obliged to allow the par. 1a, 1B, 1e, 1f and 2 supervisory authorities and their agents to carry out the supervision of railway pursuant to section 5, to examine railway vehicles and infrastructure control - and safety systems within the normal business working hours. You have to provide the necessary tools and to provide support services. Maintenance abroad takes place, the railways will enable the examination the supervisory authorities pursuant to sentence 1.
(7) the provisions of the administrative procedure act on the determination of the facts during the administrative procedure shall apply mutatis mutandis for the investigation of dangerous events in the railway operations. The authorities responsible for the investigation of dangerous events in the railway operations are entitled to require an insurance in lieu of oath. Witnesses and experts are to testify or to the reimbursement of the opinion required; Paragraph 5 sentence shall apply 3 as well as article 65 paragraph 1 sentence 2 of the Administrative Procedure Act.
(8) according to § 5 paragraph 1a railway authorities is whether in performance of their duties referred to in paragraph 1 also the handling of complaints about an alleged breach of a railway or a tour operator or ticket seller within the meaning of article 3 No. 6 or no. 7 of Regulation (EC) no 1371/2007 of the provisions of this regulation or one on the basis of § 26 para 1 sentence 1 No. 1a adopted by Legislative Decree. Responsibility for complaints of breaches of the law of a tour operator or ticket vendor is determined by the jurisdiction for the railroad, whose tickets sold the tour operator or ticket vendor. As far as the railway Federal Office is not even competent Railway Inspectorate, forwarding immediately a complaint to the competent authority of the railway.
(8a) the Railway Inspectorate may entrust natural or legal persons of private law to participate in carrying out the tasks.
(9) the Railway Inspectorate to enforce their orders according to the rules applicable to the enforcement of management measures. The amount of the penalty payment is up to 500 000 euro.
§ 6 granting and refusal of approval (1) without authorization may nobody 1 provide rail transport services, 2. as holder of railway vehicles independently take part in the operations of the railway or railways, control and security systems, or platforms operate 3.
1. no approval non-public railway undertakings which provide and use only rail infrastructure serving public transport not only rail transport services in the transport of goods, 2. holders of railway vehicles, which use only railway infrastructures, which are not public transport, 3. non-public railway infrastructure companies, 4. with public railway infrastructure company for the operation of facilities including the railways, control and assurance systems in facilities, as well as for the access to service facilities-related services; Sentence 1 No. 3 shall remain unaffected.
(2) the permit is granted upon request if 1 the applicant as the people ordered for the conduct of business and entrepreneurs are reliable, 2. the applicant as an entrepreneur financially powerful, 3 the applicant as entrepreneurs, or for the conduct of business ordered persons have the required expertise and thus offer a guarantee for a safe operation. Applies to an applicant as holders of rail vehicles, and for the of this as far as the independent participation in railway operation as far as people ordered the conduct of business.
(3) the permit is granted only 1 rail transport undertakings for the provision of rail transport services for passengers or goods, 2. holders of rail vehicles for independent participation in railway operation, 3. railway infrastructure company for the operation of a specific railway infrastructure.
(4) valid permits of public railways, which already provide rail transport services or operate a rail infrastructure, upon entry into force of this Act shall continue to apply, as far as content meet the requirements of this law. In addition, the permission to grant, without that the conditions of paragraph 2 are tested is these railways at the request. Sentence 2 shall apply only if the approval is applied for within one year after entry into force of this Act.
(5) applicants can be any company based in the Federal Republic of Germany.
(6) the period of validity of the approval shall be a maximum of 15 years, not more than 50 years 2. railway infrastructure company generally case 1 railway undertakings.
(7) the permit authorities inform each other about the issue, the amendment or revocation of permits.
(8) a person who is admitted under the law of another Member State of the European Union or a Member State of the agreement of 2 May 1992 on the European economic area for activities referred to in paragraph 1 sentence 1 No. 1 or 2, that under the law requires for domestically any approval referred to in paragraph 1 (9) railways, a State which is not a member of the European Union or of the agreement of 2 May 1992 on the European economic area , are admitted to railway, need for the provision of rail transport services in Germany of any approval referred to in paragraph 1, except as internationally agreed.
(10) the railways covered by paragraphs 8 and 9 and holders of rail vehicles must demonstrate their approval the federal railway office prior to recording of the traffic on the territory of the Federal Republic of Germany. § 14 shall remain unaffected.
§ 7 withdrawal of approval (1) the licensing authority has to withdraw the approval if one of the requirements of section 6 paragraph 2 no longer exists. If you expect that the restoration of the conditions of § 6 par. 2 in reasonable time is possible, the approval authority can set an appropriate period to restore. The deadline elapses unsuccessfully, the approval is to undo, if not the Authority extended the deadline.
(2) at the request of the approval authority, the railway has the evidence to do that legally incumbent upon her labour, social or tax obligations are met. The financial authorities do the approval authorities in communication about the repeated non-fulfilment of tax obligations or disposal of the asset information according to § 284 of the tax code. The release of the financial authorities may be used only for purposes of revocation proceedings.
(3) (dropped out) § 7a safety certification and national certification for railway undertakings (1) without safety certification in participating railway undertakings subject to paragraph 4 not to rule gauge public railway operation. Sentence 1 shall not apply for regional trains, which operate only domestically.
(2) the security certificate is for rail transport services according to type and size laid down at the written request of the concerned railway or railways of public railway infrastructure company to provide, if the railway undertaking confirming that a safety management system has set it 1 that satisfies at least the requirements laid down in article 9 paragraph 2 and 3 of Directive 2004/49/EC, as far as resulting not from a legislative decree on the basis of § 26 para 1 No. 14 supplementary requirements , and 2. meets the special requirements for the safe operation of transport for personnel and vehicles on the relevant rail network or the individual railways.
(3) the proof of compliance with the requirements referred to in paragraph 2 by way of derogation from paragraph 2 not required for railway undertakings, which 1 have ordered a railroad Manager, whose ordering by the competent Railway Inspectorate has been confirmed, and no cross-border rail transport services provide 2 is no. 1.
(4) where a railway company that the public railways participate intends already has issued safety certification in another Member State of the European Union pursuant to article 10 of Directive 2004/49/EC for similar rail transport services, it may take part in public railway operation domestically only with an additional national certification. This certificate is at the request of the concerned networks or the railways of public railway infrastructure company to provide 1 submission of a representation of the railway undertaking's safety management system, 2. template referred to in article 10 paragraph 2 a of Directive 2004/49/EC issued certificate and 3. evidence that the railway undertaking meets the special requirements for the safe operation of the relevant network or the potential of railways.
(5) If a not metronom railway company headquartered in Germany requested a safety certificate, the decision is taken after consultation with the authority responsible for approval according to § 6 of the country.
(6) the security authority decides four months after submission of the documents required for the decision apply for a safety certificate or national certificate pursuant to paragraph 4 immediately, but no later than. The competent authority before the deadline finds defects of submitted documents, it shall give the applicant the opportunity to eliminate. The authority shall give the applicant opportunity to remedy defects of the provided documents, the time limit pursuant to sentence 1 is inhibited until the deficiencies.
(7) the security certificate referred to in paragraph 1 and the national certificate subject pursuant to paragraph 4, of the set of 3, each for five years. As far as their extension six months before the expiry of the period of validity is requested no later than the respective certificate is granted to the nonrepudiation of the decision on the renewal application as still. In any case, the validity of a national certificate referred to in paragraph 4 end with the expiry of the certificate issued by the security authority of the other Member State within the meaning of paragraph 4 set 1 (8) the owner who has (1) or the national certificate safety certificate according to pursuant to paragraph 4 to ensure that the conditions which have been regarded for issuing the certificate, remain afterwards fulfilled.
§ 7 b changes, withdrawal and revocation of safety certification and national certification (1) In the case of significant changes of the issuing of a certificate according to Article 7a, paragraph 1 or 4 underlying conditions has immediately to apply for the railway undertaking the change of the granted certificate or the national certificate.
(2) a certificate according to Article 7a, paragraph 1 or 4 can be in the event of significant changes in legislation on the safety fully or partially amended or revoked.
(3) a certificate may be revoked according to Article 7a, paragraph 1 or 4 wholly or in part, as far as the obligations contained in it are not met or the certificate in the prescribed manner is used. Sentence 1 shall also apply when using a certificate before the expiration of one year after its issuance.
(4) in addition, the administrative-procedural rules for the annulment of administrative acts remain unaffected.
no rule gauge public railway infrastructure with the exception of facilities or networks of regional transport, which have no connection to the country, § 7 c security approval (1) without the security permission must operate railway infrastructure company.
(2) that safety approval is granted if the applicant provides evidence that he 1 has set up a safety management system that meets at least the requirements laid down in article 9 paragraph 2 and 3 of Directive 2004/49/EC, as far as resulting not from a legislative decree on the basis of § 26 para 1 No. 14 supplementary requirements on application for specific railway or railways, and 2. the specific requirements for a safe design , Maintenance and safe operation of railways including the control and safety systems.
(3) the holder of the safety authorisation has to ensure that the criteria which have applied to the granting of security remain afterwards fulfilled.
(4) par. 3 and 5 to 7 and § 7 b shall apply Section 7a.
§ 7 d recognitions who operates 1 facilities, where driving and accompanying or other security-relevant tasks trains railway staff the necessary technical knowledge about vehicles or routes that operated only with a safety authorisation are allowed the necessary knowledge of the operational rules and operating procedures, including the signalling, train control and signalling, as well as the emergency procedures for the relevant courses are taught, performs checks for issuing of vehicle driving licence or certificate 2. , 3 as doctor or psychologist health examinations for the issue, suspension or withdrawal of the driving licence vehicle carries or perform under his supervision, one needs the recognition by the competent authority in accordance with on the basis of § 26 paragraph 1Set 1 number 4, 5 and 16 taken by Legislative Decree. Sentence 1 does not apply to railways operating sentence 1 number 1 training facilities after, when a safety certificate or safety authorisation is granted them or they have ordered a railroad Manager, whose ordering has been confirmed by the competent authority of the railway.
§ 7 access to training opportunities are (1) rail infrastructure companies required to the necessary route knowledge and the necessary knowledge of the operational rules and operating procedures, including the signalling, train control and signalling, as well as the emergency procedures applicable to the relevant routes through training to provide, as far as training not provided by third parties offered the driving and attendants of the railway undertakings.
(2) a person who carries out training within the meaning of paragraph 1, is obliged to exhibit 1 railway undertakings which wish to apply for a safety certificate to provide non-discriminatory access to its training facilities and training certificates, as far as such training for the fulfilment of requirements to obtain the safety certificate is required;
2. railway infrastructure company to provide non-discriminatory access to training facilities;
3. driver trainees non-discriminatory access to training facilities to grant provided in this training is required for issuance of the driving licence of vehicle or the certification is conducted.
(3) for the training, a reasonable fee may be required.
(4) railway undertakings are obliged to certify the there qualifications, experience and participation in training courses in its current and former employees upon request.
§ 7f operation (1) a railway, which any safety certificate or authorisation needed, requires 1 the start of the operations, 2. the extension of the operation of a railway infrastructure on a line, the line was not visible from one already from her borders, the permission of the supervision authority. The permission is granted if the requirements on railways are met pursuant to this Act and the regulations based on it.
(2) permission is considered to have been granted if a differs from the application decision of the supervisory authority to the railway within a period of six weeks after receipt of your application. The applicant is the receipt of the application be confirmed promptly in writing.
(3) significant changes of operation of railway that is approved pursuant to paragraph 1, which affect the operational safety, are to indicate the competent railway authorities 14 days before.
§ 7 g certificates regarding maintenance (1) whoever responsible will act as for the maintenance of freight cars, requires a certificate of maintenance points. Sentence 1 shall not apply to the maintenance of freight cars, only used 1 on non-public or does not rule-lane railway infrastructures or 2 for historical or touristic purposes.
(2) the safety authority granted the maintenance points-certificate on request if the applicant can prove that he has established a maintenance system, no. 445 / 2011 meets at least the requirements referred to in article 4 of Regulation (EU), as far as not a legal regulation on the basis of § 26 paragraph 1 sentence 1 19 additional requirements arising from number.
(2a) the safety agency free on request that for the maintenance of freight cars used exclusively as a military unit, competent authorities for up to five years from the requirement of a certificate of maintenance points referred to in paragraph 1 sentence 1. With the exemption, exceptions to the registration of such vehicles are to meet, as far as it concerns the determination and certification authorities responsible for the maintenance of freight cars. § 4a remains untouched with the exception of paragraph 3.
(3) a certificate for maintenance functions can request who wants to perceive paragraph 1 point (b) to (d) of Regulation (EU) No. 445 / 2011 following functions or parts thereof referred to in article 4: 1 the maintenance development function, 2. the fleet maintenance management function or 3. the maintenance legacy obstacle function.
The safety authority shall issue the certificate pursuant to sentence 1 on request if the applicant can prove that he meets the conditions no. 445 / 2011 according to annex I of to Regulation (EU).
(4) who has received a certificate according to paragraph 1 or 3 of a competent certification authority in a Member State of the European Union, is required in the Federal Republic of Germany of any further certification. The same applies for issued certificates referred to in article 15 ATMF – Appendix G to the Convention concerning international carriage by rail - COTIF - may 9, 1980 (BGBl. 1985 II S. 130) as amended by the Protocol of 3 June 1999 concerning the modification of the Convention concerning international carriage by rail - COTIF - may 9, 1980 (BGBl. 2002 II p. 2140).
§ 7 h fees and expenses
(1) fees and expenses will be charged for individually attributable public services of the railway Federal Office, notified bodies, of places and persons recognized by section 7 d and the regulatory authority according to this law, the federal railway administration, the rail freight remote network support act or the regulations adopted on the basis of these laws. The tariffs are to be such that which is covered with individually attributable public benefits related staff and non-staff expenses. The importance, economic value or other benefits for the debtors of the charges can be considered advantageous individually attributable public services also adequately.
(2) in the case of the use of administrative assistants according to § 5a paragraph 8a is communicated to the estimated amount of fees and expenses in advance the applicant. He is to give the opportunity to withdraw his application or restrict.
§ 8 management of Railroads (1) public railways must be independent in the leadership, management and administration, as well as with regard to the administrative and economic control, as well as the internal financial management of State and municipal authorities. Their business plan and its accounting are to separate from the budgets of State and local authorities.
(2) paragraph 1 does not apply to 1 railway undertakings, which are not the Federal Government and working exclusively on the local passenger services is limited, 2. railway infrastructure companies, which are not the Federal Government.
(3) operators of the railways which is not of the federal railways, must have, as far as the allocation of train paths and the route charges via a dedicated line, management, administration, and accounting.
§ 9 separate accounting, organizational separation, independent decisions (1) public railways, 1 which are both railway undertakings and rail infrastructure company, 2 a) are only railway undertakings and a parent company with a railway infrastructure company, that is public railway, or b) which are only railway infrastructure companies and about a parent with a railway company, that is public railway, connected, or are 3 as railway undertakings or parent company or subsidiary companies in relation to a railway infrastructure and railway undertakings , that's public railway to have, even if they are not in the form of a capital company are operated, annual accounts and to prepare a report under the rules of the second section of the third of book of the commercial code for large corporations, and to disclose. The railway undertakings referred to in sentence 1 are subsidiaries of a parent company that is committed to the preparation of consolidated financial statements, are section 264 paragraph 3 and 4 and section 264 b of the commercial code do not apply.
(1a) public railways pursuant to paragraph 1 sentence 1 No. 1 have in their accounts to separate both areas; These include separate accounts for the areas of provision of transport services and operation of the railway infrastructure. You have to include in the notes to its financial statements for pursuant to sentence 1 and for an area outside these areas each one according to commercial principles to be any additional balance-sheet and profit and loss account. As far as doing a direct mapping to each of the areas is not possible or would entail unreasonable expense, the Association has by conversion of the accounts, which must be appropriate and understandable for third parties to be made. There are the rules to specify, after which, the accounts pursuant to sentence 1 are assigned to the items of assets and liabilities as well as revenues and expenses reported in the notes to the financial statements. Changes to these rules in exceptional cases are to explain and justify.
(1B) of public funds for the benefit of one of the two areas of activity according to paragraph 1a sentence 1 may be transferred to the other. This prohibition must be reflected also in the accounting of the two areas of activity. This also applies to companies referred to in paragraph 1 sentence 1 Nos. 2 and 3 (1 c) both areas of activity according to paragraph 1a sentence 1 must companies be exercised pursuant to paragraph 1 sentence 1 No. 1 in organizationally separate divisions. Decisions about access to the railway infrastructure and the remuneration to be paid are to meet, who operates the railway infrastructure of the business sector. § 9a shall remain unaffected.
(1 d) for public railway undertakings, both rail transport services passenger transport as produce of the freight train, is paragraph 1a accordingly subject to the proviso that separate accounts, as well as a separate balance sheet growing on the notes of the financial statements and profit and loss account only to the area of rail freight transport to set up are and also a balance sheet to appear in the position of this balance sheet. Public money for public passenger transport services are disclosed separately in the relevant accounts and may not be transferred to sectors of activity, affecting other transport services or other services.
(1e) that competent approval authority may approve exemptions from paragraphs 1, 1a, 1 c and 1 d, if the railways operated by the railway infrastructure companies according to length and operating performance are of so little importance that an adverse effect on competition is not to be expected. Sentence 1 shall apply accordingly for other railway infrastructure.
(2) (lapsed) (3) as far as and as long as providing a public railway company rail services in areas where public service obligations can be imposed or agreed upon, as well as in other areas, the requirements of article 1 paragraph 5 of subpara. 2 letter a and b in article 5 par. 3 No. 2 referred to in Regulation (EEC) No 1191/69 of the Council to consider. For the areas where public service obligations can be imposed or agreed upon, a separate invoice is required. At least, this invoice must meet the requirements in a cost-revenue analysis and an inventory in accordance with § 240 of the commercial code. The invoice must include the same period as the annual accounts. Moreover, paragraph 1 shall apply according to b.
§ 9a independence of the public operator of railways (1) public operator of railways must legally, organizationally and independent in their decisions by railway undertakings be, as far as decisions on the allocation of train paths and the route charges. To achieve the objectives referred to in sentence 1 are 1 out of railways, which are both railway companies and operators of the railways, to outsource both areas each on one or more separate companies;
2. contracts of the operator railways with third parties to make the that its organizational independence is guaranteed;
3. decisions on the timetable, to meet the other allocation of train paths and the decisions about the infrastructure charges only by personnel of the operator of railways, which performs no functions in railway undertakings or with this affiliates;
4. instructions of third parties against the operators of the railways or its staff in relation to decisions about the timetable, the other allocation of train paths and the decisions about the infrastructure charges inadmissible;
5. in companies in accordance with § 9 para 1 sentence 1 No. to create 2 and 3 internal company regulations, maintain and publish, stop the the influence of third parties outside of the operator of railways on the decisions concerning the timetable, the other allocation of train paths and decisions about the way fees; It is in particular to determine which specific obligations have the staff to prevent such influence; Operators of the railways are also obliged on request of the competent supervisory authority to designate a liaison officer to this, which monitors compliance with the regulations; the trustee is required to submit annually a report on the problems encountered and the measures taken by the competent authorities;
6. in companies in accordance with section 9, paragraph 1, sentence 1 Nos. 2 and 3 the Board of Directors separately to occupy; no members of the supervisory boards of companies in accordance with section 9, paragraph 1, sentence 1 may include at no. 2 and 3, as well as their family members the Board of Directors of the operator of railways; This also applies to other investments of the parent company.
(2) contracts of a public operator of railways preclude the obligations referred to in paragraph 1, these are these commitments to adapt or terminate until November 1, 2005. Do not comply with provisions in contracts of a public operator of railways up to November 1, 2005 the obligations under paragraph 1, as far as to prohibit the competent supervisory authority with immediate effect.
(3) paragraphs 1 and 2 do not apply to public operators of the railways, as far as these operate networked local and regional networks for rail transport services passenger transport only 1 not with other railways, 2 for the operation of passenger services in urban or suburban services operate certain networks or regional rail networks operate 3., that is by a railway undertaking the business of which is limited to the urban, suburban or regional services , are used for regional freight services only.
(4) is the assignment sought no. 3 of train paths on a network according to paragraph 3, shall apply as far as paragraphs 1 and 2 with the proviso that contracts within the meaning of paragraph 2 to adjust at the latest six months after the submission of the are.
(5) the competent authority may authorise exemptions from paragraphs 1, 2 and 4 when a public operator of railways operates railways, which are according to length and operating performance of so little importance that an adverse effect on competition is not to be expected.
(6) the body economic liability of the members of organs of the parent company for operations in areas on which these members under this Act may have no influence and have exercised actual influence, is excluded.
§ 9b tax provisions legal operations in the real estate transfer tax Act, resulting from the implementation of §§ 8 and 9a of the Act, shall be exempt from the tax.
§ 10 obligation to carry public railway undertakings that serve passenger traffic, are to transport of persons and luggage is obliged, if 1 the conditions of carriage are respected, 2. the carriage with the regularly-used means of transport is possible and 3 prevents the carriage not by circumstances, could on which does not avert the railway undertaking, and that it also does not help.
§ 11 intends to release and closure of railway infrastructure (1) a public company the permanent setting of the operation of a line, an important operation processing station or more than slightly reducing the capacity of a line, so it has to apply for it to the competent supervisory authority. But it has to demonstrate that the operation of the infrastructure facility no longer can be expected of him and negotiations with third parties to whom normal conditions was made an offer for the acquisition of the infrastructure by sale or lease in this area have been unsuccessful. Intermediate consumption are reasonable to take into account the takeover offers to third parties.
(1a) public railway infrastructure companies have known their intention set 1 in the Federal Gazette to publish 1 or to publish 2. on the Internet and the address in the Federal Gazette referred to in paragraph 1 to make.
In the notice, information for the business valuation of this infrastructure are to record. After publication, third parties can request the public railway infrastructure company within a period of three months to submit of an offer. The determination of disposal land and infrastructure facilities for railway purposes and whose earned value in the price formation is to take into account a reasonable offer. The earned value is taken into account when determining the rent. The offer must include the connection to the adjacent rail infrastructure.
(2) the supervisory authority has to decide on the request, taking into account traffic and economic criteria within three months. In the area of the federal railways decides the federal railway Office in consultation with the competent authority of the country. The decision has the company to maintain the operation of the railway infrastructure.
(3) the permit is considered to be granted if the competent authority has not decided within the time limit specified in paragraph 2. She failed the approval in accordance with paragraph 2, it has the railway infrastructure companies to replace the costs arising from the refusal, including imputed costs; the obligation meets the land, if the reasons for rejection tabled by the State authority in the context of behavior were decisive.
(4) the requirements of paragraph 1 not available set of 2, is the permission to fail.
(5) a refusal in accordance with paragraph 2 is possible only for a period of one year; After approval is granted.
§ 12 tariffs (1) tariffs are transport rates and conditions of carriage of the railway undertakings. Also the remuneration conditions include the conditions of carriage. The railway undertakings are obliged to participate, that 1 for the transport of persons and goods, covers several together subsequent railways of public transport, set up a direct clearance, tariffs continuous 2 passenger be set up.
(2) public railway undertakings are obliged to prepare rates in rail passenger transport, which contain all details which are necessary for the calculation of the fee for the carriage of persons and for ancillary services in passenger traffic, as well as all other provisions relevant for the transport of. Tariffs must be applied to everyone in the same way pursuant to sentence 1.
(3) without prior approval of the conditions of carriage in rail passenger transport, rail transport services may not be provided in the sense of § 3 para 1 No. 1. If the requested amendment of the conditions of carriage in favour of the passenger from the railway traffic regulations or agreements and obligations under Regulation (EEC) No 1191/69 of the Council should be derogated from is in the request especially pointed out. The approval of the conditions of carriage touches not the rights and obligations, the a train operator on the basis of an agreement or imposition of Regulation (EEC) No 1191/69 of the Council of the authority under this regulation has no.. Collective sovereignty is to the Federal Government, insofar as to conditions of carriage of railway of the Federation for its long-distance passenger services, the rest in the countries.
(4) any requisite authorization is considered 1 if the railway company within a period of two weeks after receipt of request is a manifestation of the permitting authority, in a test time limit within the meaning of point 2 will be shown, 2. If an approval authority differs from the request to the railway undertakings within a period of six weeks after receipt of request granted.
(5) the approval authority may request in the cases of referred to in article 1 paragraph 5 and 6 of Regulation (EEC) No 1191/69 of the Council under the authorisation fail conditions or the change of tariffs. Approval of conditions of carriage can also be refused if they are with the law, in particular with the principles of the commercial law and the regulations concerning the design of dated obligations by general business conditions, not in line.
(6) tariffs within the meaning of paragraph 2 and the conditions of carriage within the meaning of paragraph 3 sentence 1 must be in the tariff and transport indicators or previously viewed publication organ be published in another, the permitting authority. Its transport fees or other for the customer-adverse changes in the conditions of carriage will take effect at the earliest one month after the notice unless the approval authority has approved a shortcut of the notice period. The approval of the conditions of carriage must be indicated in the notice.
(7) section 1 of the Act against restraints on competition does not apply arrangements of railway undertakings and for railway agreements with other companies dealing with the transport of persons, as well as resolutions and recommendations from associations of these companies, when they are made in the interest of an adequate operation of public transport services in the public transport and an economic organisation of transport and integration of the transport operation , in particular through transport cooperation, serve by the coordination and the Federation of transport charges, and through the coordination of schedules. They need to be effective the application to the approval authority. Article 19 paragraph 1 in connection with paragraph 2 applies to associations of companies which meet agreements, decisions and recommendations within the meaning of sentence 1, number 1of act against restrictions on competition according to. Dispositions of the antitrust authority, relating to such agreements, decisions or recommendations, shall be taken in consultation with the competent approval authority.
(8) railway undertakings have to inform non-discriminatory timetable information media about connections of all providers.
§ 13 connecting to other railways
(1) every railway has to allow their railway infrastructure under cheaper scheme of the conditions and costs connecting adjacent railways based in the Federal Republic of Germany. In addition § 14 (2) In the event of disagreement about the conditions of the connection, as well as about the appropriateness of the costs is the railway Federal Office, in other cases decides if a railway of the Federation is involved, the competent authority of the country.
§ 14 access to the railway infrastructure are (1) rail infrastructure company committed the discriminatory use of rail infrastructure operated by them and the discriminatory provision of services offered in the one on the basis of § 26 para 1 No. 6, 7, and paragraph 4 issued Decree certain no. 1 scope to grant. Where connect or embedded in the network traffic is adequately taken into account. Operators of the railways are in addition obliged in accordance with this regulation to provide a minimum level of services and to provide the railways operated by them, as well as the control and safety systems to use. Sentences 1 to 3 shall not apply to railway infrastructure operated solely for use for its own freight operations, unless it is rail access to rail-related services in terminals and ports that can operate more than one end user. For local and regional networks networked with other railways, operated passenger services for rail transport services, the competent licensing authority upon request can be exemptions from any provisions on the basis of § 26 para 1 No. 6, 7, and paragraph 4 No. 1 issued Decree approve, if an adverse effect on competition is not to be expected. The approval expires if access is requested. The request for access is to inform the competent authority by the operator of railways.
(2) Zugangsberechtigt are 1 railway companies headquartered in Germany, 2. company headquartered in domestic transport goods by rail transport company let, 3. the authorities referred to in section 1, paragraph 2, of the Regionalisierungsgesetzes, 4. the authorities referred to in article 15, paragraph 1.
(3) paragraph 2 shall apply accordingly for 1 railway undertakings, under article 2 of Directive 91/440/EEC of 29 July 1991 on the development of railways in the Community (OJ EC No. L 237, p. 25), the last by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 (OJ EU no. L 315 p. 44) has been changed, fall, for the provision of transport services in international transport;
2. railway undertakings covered by article 2 of Directive 91/440/EEC, for the provision of transport services in the freight transport;
3. railway undertakings on the basis of intergovernmental agreements.
(3a) In the cross-border passenger traffic, the railway undertakings have the rights pursuant to paragraph 1, in particular the right to take passengers at any stations on the territory of the Federal Republic of Germany or to withdraw.
(4) operators of railways have their charges accordance with one on the basis of § 26 para 1 No. 6 and 7 adopted by decree to be such, that the them total for the provision of the required services within the meaning of paragraph 1 sentence 1 costs plus a return obtained on the market can, be compensated. This, they may raise premiums on the cost directly incurred due to the operation of the train, where both depending on the services of long-distance passenger services, rail transport or rail freight transport as well as by market segment can be differentiated within these services and competitiveness, in particular of international rail freight transport, to ensure. The amount of the fees may exceed but in the case of theorem 2 in relation to a market segment not the costs incurred due to the operation of the train immediately, plus a rate of return that can be achieved in the market. The legal regulation according to § 26 para 1 No. 6 and 7 1 may be admitted exceptions to the fee assessment pursuant to sentence 1, if the costs are covered elsewhere, or 2 can be empowered the competent supervisory authority, through commonly available in consultation with the Federal Network Agency for electricity, gas, telecommunications, to indemnify all operators of railways generally of the compliance with the requirements pursuant to sentence 1 post and railways (regulatory authority).
(5) railway infrastructure companies have to be such that not improperly interfere with the competitive opportunities of access authorized their charges for access to service facilities including the related services. An abusive impairment exists in particular if 1 charges are required, which exceed the costs incurred for the provision of the services referred to in sentence 1 unduly or 2 individual entitled to access benefits compared with other legitimate access be granted, as far as this is not an objectively justifiable reason.
(6) details of access, in particular as regards the timing and duration of use, as well as the fee to be paid and the other terms and conditions including the serving of operational safety provisions are between those entitled to access and the railway infrastructure companies in accordance with the regulation referred to in paragraph 1.
(7) the fee rules of paragraph 5 paragraph 7 for maintenance facilities § 2 paragraph 3 c according to does not apply.
(8) the regulatory authority sets the relevant relevant product and geographic markets for maintenance facilities, taking into account the principles of competition law and checks to see whether in established markets conditions have developed, corresponding to an effective and undistorted competition. Effective competition is not to go out when a company has a dominant position within the meaning of section 18 of the Act against restraints on competition on the fixed market. The regulatory authority takes decisions pursuant to sentences 1 and 2 in agreement with the German Federal Cartel Office. § 14 paragraph 2 shall remain unaffected. The specification pursuant to sentences 1 and 2 are to be published in the Federal Gazette.
(9) to the preparation of the specifications referred to in paragraph 8, the regulatory authority in the Federal Gazette published a draft with preliminary results. An additional publication can be done on the website of the regulatory authority. Anyone who has an economic interest in terms of market access, is given the opportunity to comment on the preliminary results within a reasonable time limit to be set by the regulatory authority. The opinions will be published stating the name and the address of the submitting person on the Internet side of the regulator. On the basis of the draft and the comments pursuant to sentence 4, the regulatory authority meets the specifications referred to in paragraph 8 (10) created corresponding to a report for the Government on the question of whether conditions exist on the market for maintenance facilities, an effective and undistorted competition regulatory authority June 30 of each year. The Federal Government immediately directs the regulator's report to the Bundestag; the Federal Government may attach an opinion on the report. The first report is to create the 30 June 2017.
(11) paragraphs 7 to 10 are no longer apply from the 1 January 2019.
Agreements on the use of train paths for a longer period of time than a network timetable period are § 14a framework contracts (1) in accordance with to close the legal regulation in § 14, subsection 1, sentence 1.
(2) duration, any agreement with a term of more than five years requires the approval of the regulatory authority. The approval is granted in maturities of 1 up to ten years for proof of contractual bindings, special investments or other comparable risks, 2 to 15 years unless the framework treaty on transport services on special infrastructure within the meaning of article 24 of Directive 2001/14/EC to exclude detection of significant and long-term investment, which are the framework agreement based , 3. of more than 15 years, unless the framework treaty on transport services on special infrastructure within the meaning of article 24 of Directive 2001/14/EC should, be closed when proof of substantial and long-term investment, if the investments go hand in hand with contractual obligations, including a depreciation plan comprising at least the period of the agreement.
Sentences 1 and 2 do not apply no. 3 and 4 for framework contracts with authorized access according to § 14 para 2.
§ 14 b tasks of the regulatory authority (1) the regulatory authority is the task to monitor the compliance of railway law on access to the railway infrastructure, in particular as regards 1 the creation of the reserve, this applies in particular for decisions about the allocation of train paths for the timetable including duty services, 2.
(2) the duties and responsibilities of the antitrust authorities under the Act against restraints on competition shall remain unaffected. The regulatory authority and the Railway Inspectorate and the antitrust authorities and the regulators competent according to the law on telecommunications and the energy industry Act share with each other information, which can be for the respective tasks of importance. In particular they should inform each other about intentional decisions, which should be prohibited from an abusive or discriminatory behavior of railway infrastructure company. You should give each other opportunity to comment before finalizing the procedure by the competent authority.
(3) the regulatory authority and the railway Federal Office are obliged to submit information about their work, their decision-making principles and their practice other regulatory bodies of the Member States of the European Union with the aim of contributing to the coordination of decision-making principles across the EU.
(4) the regulatory authority produces a report for each timetable period on their activities, as well as on the situation and development on their responsibilities for the Federal Government. The Federal Government immediately directs the regulator's report to the Bundestag; She may attach an opinion on the report.
in perception of their tasks to public railway infrastructure companies take the measures General powers of the regulatory authority (1) which can regulatory authority § 14 c, which are necessary to eliminate determined violations and to prevent future violations of the railway legislation on access to the railway infrastructure.
(2) the access authorised, the public railway infrastructure companies and the persons working for them must allow the regulatory authority and their officers to carry out their duties, to enter 1 business premises and facilities within the normal business working hours and to see 2 books, papers, files, and other documents, and on appropriate storage media to make this information available.
(3) the access authorised, the public railway infrastructure companies and the persons working for them have to provide information to the regulatory authority and their officers all perform their tasks required 1., 2. evidence to provide, to 3 tools and to provide ancillary services.
This applies also in relation to ongoing or completed negotiations on the amount of travel and other charges. The information is truthfully and to the best of our knowledge to give. The obligated party to the information the information on such questions, may refuse the answers himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings for an offence would in section 383, paragraph 1.
(4) the regulatory authority can enforce its orders under this act according to the rules applicable to the enforcement of management measures. The amount of the penalty payment is up to 500,000 euros.
The intended decisions are pursuant to sentence 1 No. 1 to 5 to justify. Operators of the railways have thereby set out the compliance of their setting of charges with § 14 para 4.
section 14e of the initial assessment by the regulatory authority (1) the regulatory authority may upon receipt of a notification according to § 14 d 1 ten working days of the intended decision under section 14 d, sentence 1 No. 1, 3 and 5, 2. a work day of the intended decision under section 14 d, sentence 1, no. 2, 3 four weeks of the intended decision under section 14 d, sentence 1 No. 4, 4. four weeks contradict the intended revision or amendment to section 14 d sentence 1 No. 6 , where the proposed decisions are not the rules of railway law on access to the railway infrastructure.
(4) the regulatory authority may waive wholly or partly in advance a notice according to article 14 d. She can limit their waiver on individual public railway infrastructure company. This is especially true when a restriction of competition is not to be expected.
The regulatory authority has stakeholders to request, within a reasonable period, which cannot exceed two weeks, furnish all necessary information. After this period, the regulatory authority on the application within two months has to decide.
(3) the decision of a railway infrastructure company affects the right of the applicant to have access to the railway infrastructure in the case of paragraph 2, 1 the railway infrastructure company committed the regulatory authority to amend the decision or 2 sets the terms and conditions to the regulatory authority, decides on the validity of the contract and explained conflicting contracts invalid.
§ 14 g access right in the cross-border passenger transport (1) who intends to apply for access to the railway infrastructure in the cross-border passenger traffic at a railway infrastructure company, has at least two months prior to submission of the regulatory authority in writing an application for determination of access permission to make.
(2) the access permission is given, if the main purpose of the railway services in the carriage of passengers between stations in different Member States. The main purpose is presumed if the majority of the carriage of passengers between stations in different Member States is provided.
(3) the regulatory authority decides on the request within two months of receipt. The regulatory authority may require the submission of additional documents, as far as this is necessary for the verification of the requirements referred to in paragraph 2. Sentence 1 shall not apply if the regulatory authority due to inaccurate information or a time given information cannot decide on the request and the determining applicant before the deadline, giving reasons has informed of this.
§ 15 public service (1) for the imposition or agreement public service benefits is Regulation (EEC) No 1191/69 of the Council apply. Authorities of countries or districts, municipalities or municipal associations are responsible within the meaning of this regulation for railways of the Federation, insofar as not to their local passenger services, federal, authorities in addition in accordance with the law of the land.
(2) the competent authorities intending to arrange the provision of public services by railway undertakings on the basis of the article 1 paragraph 4, and of article 14 of the regulation referred to in paragraph 1, can write off these services.
Compensation of non-operating expenses (1) without prejudice to § 15 section 16 are to compensate for the non-federal public railways burdens and disadvantages arising from following facts: 1 expenses for imposed child support allowances for workers who did not have to wear other carriers are to bear expenses pensions imposed on and pensions, the conditions of the railways among others than those for other applicable carriers 2., 3. expenditure for the maintenance and operation of level crossings , if the railway for more than half of the expenses.
The obligations to pay additional services within the meaning of the sentence on November 16, 2007 shall be repealed as of 1 January 2008 1 No. 1 and 2. As far as performance obligations are were justified on the basis of such an obligation until 31 December 2007, it remains when the obligation to pay compensation pursuant to sentence 1 No. 1 and 2 (2) granted the compensation referred to in paragraph 1 the country in whose territory the transport is operated. Extends the transport on the territory of another country, so the part of the services will be determined on compensation, which is provided in the respective country. Pursuant to paragraph 1 No. 3, the Federal granted compensation as far as dealing with level crossings with roads.
Article 17 preparatory work have (1) owner and other beneficial to tolerate necessary surveys, soil and groundwater investigations including the temporary installation of beacons and other preparatory work by him or by the carrier of the project to prepare the planning and the implementation of a project or maintenance facilities officer. Working, operating or business premises may be entered homes only with the consent of the owner of the apartment for this purpose during the respective work, business or stay at times only in the presence of the owner or any other copyright holder or a representative.
(2) the intention of such work is at least two weeks previously directly or through local notice in the municipalities where the preparatory work carried out are to announce the owners or other rights-holders.
(3) immediate assets incurs disadvantages due to a measure referred to in paragraph 1 an owner or other rights-holders, the carrier of the project to provide a reasonable compensation in money has. Not concluded an agreement on the money compensation, authority at the request of the carrier of the project or of the person entitled under State law sets the compensation. The parties are to hear before deciding.
§ 18 requirement of plan approval a railway including the traction current line remote facilities may be only built or modified, if the plan has previously been established. The public and private interests affected by the project including environmental impact within the framework of the consideration are to consider when determining plan. §§ 72 to 78 of the Administrative Procedure Act apply to the proceedings in accordance with this Act.
§ 18a consultation procedures for the consultation procedure applies Article 73 of the administrative procedure act with the following stipulations: 1. the hearing authority may waive on a discussion. No discussion takes place, the hearing authority has to give its opinion within six weeks after the objection deadline and to send along with the other documents of the plan approval authorities listed in section 73, paragraph 9, of the administrative procedures Act.
2. to change a plan laid out, so may be waived in the case of rule from discussing within the meaning of article 73 paragraph 6 of the Administrative Procedure Act and of section 9 paragraph 1 sentence 3 of the law on environmental impact assessment.
§ 18b (dropped out) § 18 c legal effects of zoning and plan approval for the legal effects of the zoning and plan approval is section 75 of the administrative procedure act with the following stipulations: 1 is started with the implementation of the plan within ten years from the occurrence of nonrepudiation, he shall override, unless he is extended at the request of the carrier of the project by the zoning authority previously to a maximum of five years.
2. prior to the decision referred to in point 1 a hearing limited to the request is after for the plan approval or the approval of plan making procedures.
3. for the delivery and interpretation, as well as the appeal against of the decision on the extension are the provisions of the zoning decision apply mutatis mutandis.
4. (disappeared) § 18 d change of plans before the completion of the project for the plan supplement and the additional procedures within the meaning of section 75 para 1a sentence 2 of the Administrative Procedure Act and section 76 of the administrative procedure act with the proviso that may be waived in the case of section 76 para 1 of the administrative procedure act by a discussion within the meaning of § 73 para 6 of the Administrative Procedure Act and of § 9 para 1 sentence 3 of the law on environmental impact assessment applies to the plan amendment prior to completion of the project. In addition, the provisions of this Act apply to the new procedure.
section 18e remedies (1) § 50 para 1 No. 6 of the administrative court order applies to projects in the sense of § 18 sentence 1, as far as the railways concern, because 1 the production of the German unit, 2. the integration of the new Member States into the European Union, 3. the improvement of hinterland connections of the German seaports, 4. their other international cover or 5th special function to eliminate serious transport bottlenecks in the system are listed.
(2) the application for annulment against a planning decision or a plan approval for the construction or alteration of facilities of railways of the Federation, urgent need is established for the federal railway development law, has no suspensive effect. The request for arrangement of the suspensive effect of the appeal suit against a planning decision or a plan approval pursuant to § 80 paragraph 5 sentence 1 of the administrative court order can be made only within one month after the delivery of the zoning decision or plan approval and justified. It is noted in the legal appeal. section 58 of the administrative court procedure shall apply mutatis mutandis.
(3) the request under section 80 paragraph 5 sentence 1 in conjunction with § 2 No. 4 of the administrative court procedure to restore the suspensive effect of an appeal lawsuit against a planning decision or a plan approval for the construction or modification of operating systems of the federal railways, for an unforeseen traffic needs in the sense of § 6 of the federal railway development law is or inclusion in the investment plan does not require , can be made only within one month after notification of the decision on the warrant of the immediate enforcement and justified. It is noted in the order of the immediate enforcement. section 58 of the administrative court procedure shall apply mutatis mutandis.
(4) facts arise in the cases of paragraph 2 or 3 later, justifying the arrangement or the restoration of suspensory effect, so it can through the zoning decision or plan approval complained after § 80 paragraph 5 sentence 1 of the administrative court procedure within a period of one month make a request based on this, and why. The period begins with the date in which the complained of facts becomes aware.
(5) the plaintiff has to justify his action to indicate serving facts and evidence within a period of six weeks. § applies 87 b para 3 of the administrative court order.
(6) (lapsed) § 19 change lock, right of first refusal
(1) from the beginning of the interpretation of the plans in the plan approval procedure or from the date on which, interested parties shall be given opportunity to see the plan (§ 73 para 3 of the Administrative Procedure Act), much value-added or significantly aggravating the planned construction modifications are not allowed on the land affected by the plan to their use (change lock). Changes that previously begun in legally permitted way, maintenance work and the continuation of a previously exercised use will not be affected. Unauthorized changes will be disregarded in the arrangement of arrangements and facilities (section 74 paragraph 2 of the Administrative Procedure Act) and in the proceedings for compensation.
(2) the change lock takes over four years, the owners of the financial disadvantages incurred can demand compensation.
(3) in the cases of paragraph 1 sentence 1 is a right of first refusal to the carrier of the project to the affected areas.
Article 20 (dropped out) - section 21 is premature possession permit (1) provided the immediate start of construction work and the owner or owners, refuses to leave the property, one for the construction or alteration of facilities of the railway of required land by agreement subject to any compensation claims the expropriation authority has to be the carrier of the project request for determination of the plan or the plan approval in the possession. The planning decision or plan approval must be executable. Further requirements is not required.
(2) the expropriation authority has to negotiate within six weeks after receipt of the application for possession permit with the parties orally. To do this, the applicant and the persons concerned are to be loaded. Where the application for possession permit to be communicated is the person concerned. The charge period is three weeks. With the charge are to call on the parties concerned, to submit any objections to the request before the hearing with the expropriation authority. You have also pointed out that can be decided even in case of no-show on the application for possession permit and applications to be others in the process.
(3) as far as the condition of the land of importance is the expropriation authority has to determine this in a transcript until the beginning of the hearing or to be determined by an expert. A copy of the transcript or the result of investigation to send is the involved.
(4) the decision on the ownership permit is to place no later than two weeks after hearing the applicant and interested parties. The ownership permit becomes effective at the time designated by the expropriation authority. This time should be set at no more than two weeks after the delivery of the order about the early possession permit the immediate owner. Through the permit of possession of ownership is removed from the owner and the carrier of the project owner. The carrier of the project may perform the works referred to in the application for possession permit on the property and take the necessary measures.
(5) the carrier of the project has for the resulting from the early possession permit assets cons to pay compensation if the disadvantages are not offset by the interest on the money compensation for the deprivation or restriction of the property or of any other law. Type and amount of compensation are to be set by the expropriation authority in a decision.
(6) if lifted the set plan or the plan approval, also the early possession permit to pick up and the previous owner back in the possession is so to be. The carrier of the project has for all special disadvantages resulting from the permit of possession of to compensate.
(7) an appeal against a premature introduction of possession has no suspensive effect. The request for arrangement of the suspensive effect according to § 80 paragraph 5 sentence 1 of the administrative court order can be made only within one month after the delivery of the possession instruction decision and justified.
Section 22 expropriation (1) for purposes of the construction and the expansion of the railway facilities is permitted insofar as it is necessary to perform a determined or approved according to § 18 construction project the expropriation. A further assessment of the admissibility of the expropriation is not required.
(2) the identified or approved plan is to apply the expropriation procedure. It is binding for the expropriation authority.
(3) a party to the transfer or restriction of property or any other right agrees in writing, the compensation procedure can be performed immediately.
(4) in the other, the expropriation laws of countries apply.
§ 22a compensation procedure as far as the project proponents on the basis of a zoning decision or a plan approval is obliged to pay a compensation in money, and about the amount of compensation, no agreement between the parties concerned and the carrier of the project comes about, decides the authority competent under national law at the request of one of the parties; the expropriation laws of countries shall apply for the procedure and the legal process.
Section 23 exemption of railway operating purposes (1) zoning authority provides for land, the operating system of a railway or on the equipment of a railway are, at the request of the railway infrastructure company, of the owner of the land or the municipality in whose territory the property is exemption from the railway operating purposes, determine if no traffic need longer and in the long run is no longer expect an infrastructure within the framework of the intended purpose.
(2) prior to the decision referred to in paragraph 1 the plan approval authorities, railway undertakings, the positions according to section 1, paragraph 2, of the Regionalisierungsgesetzes, the competent institution of the country and regional planning, the affected communities and railway infrastructure company has, as far as their railway infrastructure connects to the infrastructure affected by the request to ask for an opinion through publication in the Federal Gazette. The deadline to submit of the opinion should not exceed six months.
(3) the decision on the exemption is the railway infrastructure companies, to provide to the owner of the land and the municipality in whose territory the property is. The competent institution of the country and regional planning are to teach.
(dropped out) § 25 occupation times of jobs public railways decide section 24 alone, times jobs for the provision of railway services and for the maintenance and the operation of the railway infrastructure to occupy are according to business requirements. The participation rights of the Works Council according to § 87 par. 1 No. 2 of the works Constitution Act concerning the working arrangements for the use of employees during the occupation laid down pursuant to sentence 1 shall remain unaffected.
§ 25a vehicle register (1) the purpose of the vehicle setting register is there in article 33 paragraph 1 sentence 2 (c) of Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191 of the 18.7.2008, p. 1), the last by Directive 2011/18/EC (OJ L 57 of the 2.3.2011, p. 21) has been amended is to provide information about railway vehicles listed facilities as well as the railway authorities of the countries, their commissioning has been approved. These include in particular information on the requirements of the commissioning and operation as well as the respective holder and the body responsible for the maintenance.
(2) the register can be done electronically. Information from the register may be granted in the form of automated retrieval via the Internet.
(3) the Railway Inspectorate and the railway authorities may be according to § 5 para 1e competent authority without request information including personal data convey, insofar as this is necessary for the maintenance of the register.
§ 25B (dropped out) is 26 legal regulations (1) the Federal Ministry of transport to ensure the security and order in the railway industry, environmental protection or for the protection of life and health of the workers and digital infrastructure is empowered to adopt regulations 1 requirements on construction, maintenance, equipment, operation and traffic of the railways according to the requirements of security with the consent of the Federal Council for public railways , according to the latest findings of the technology or international agreements; This can be dealt with in particular: a) the requirement of permits or displays, b) rules on Prohibitions or restrictions on the placing on the market of railway vehicles, infrastructure or parts thereof or their marking, c) periodic tests, d) the leadership of registers or evidence, including their storage, e)
Cooperation obligations of railways, manufacturers including their agent, in transport providers or holders of railway vehicles, infrastructure or parts of same, f) each process, in deviation from the rules on the planning approval process.
1a. General conditions for the transport of passengers and their luggage by railways; in doing so, also information requirements can liability for loss, delay or connection failure, display - and approval requirements, as well as the procedures, including conciliation, regulated the rules may be different para 5 no 1371/2007, in accordance with article 2 of Regulation (EC), as far as the rail transport is affected and the technical or economic circumstances or operational procedures require a derogation;
1. the necessary requirements including the procedure for the protection of the facilities and operation of the railways against errors and damage;
1 c. the details of maintaining the vehicle setting register, in particular the information to be stored in the register and the data collection and data transmission; be stored may only reports data for the identification of the holder and the body responsible for the maintenance as well as to the structure, equipment, marking, as well as to the other legal and actual conditions of the railway vehicle;
1 d. about the surrounding conditions and the procedure for the recognition and surveillance of notified bodies, as well as on their activities;
1E. the surrounding conditions and the procedure for the recognition and surveillance of certain bodies, as well as on their activities;
1F. the surrounding conditions and the procedure for the recognition and monitoring of testing experts, as well as their activity;
2. on the conditions under which the obligations pursuant to article 12 paragraph 2 may; be derogated from
3. about the conditions under which a permit granted to a railway or they will withdraw about the verification of the requirements of article 6 par. 2 including the procedures of approval and the assessment of personal suitability and qualifications of the applicant as entrepreneurs, or for the conduct of business appointed persons; under the Ordinance, regulations on an assessment of the vocational skills of the applicant as entrepreneurs or the persons appointed for the conduct of business including rules for process and content of the examination, can be made the performance evaluation and the composition of the Audit Committee;
4. on the issuance, suspension, restriction and deprivation of driving vehicle licence, including the monitoring of the certification procedure, as well as keeping a register of holders of driving licence vehicle;
5. about a) the requirements for the qualifications and suitability of railway operating staff, whose training and testing, including the recognition of Auditors as well as physicians and psychologists, the fitness tests to perform, b) the creation of an independent appeal body within the framework of the procedure for the issue of licences within the meaning of § 5 paragraph 1e number 8 letter b, c) conducting registers of paragraph 1e number 8 issued certificates within the meaning of § 5 letter b and recognised persons and bodies within the meaning of section 5 Paragraph 1e number 8 letter d, d) ordering, confirmation and examination of managers and their duties and powers, including the procedure for obtaining permits and permissions and whose deprivation or restriction;
6. about discrimination-free access to the railway infrastructure of other railway, in particular about the conditions for access, the rights and obligations of the parties concerned including the cooperation and the obligations of the operators of the railways, the design of access including the necessary contracts and legal relationships as well as the laws relating to their conclusion and termination;
7. on the principles for the collection of remuneration for the use of railway infrastructure; Rules can include about the bases and procedure for the payment of the fee;
7A. the details of the disclosure pursuant to § 9a ABS. 1 sentence 2 No. 5 first half-sentence as well as the suitability and the powers of the Ombudsman according to § 9a paragraph 1 sentence 2 No. 5 third half-sentence;
8 about their obligation to cover the operation of a railway personal injury, caused by which to insure property damage and other damage to property;
9. about the toll individually attributable public services according to § 7 h of paragraph 1;
10 about specialist areas, where experts can be involved, as well as the requirements for the public order by experts for the construction, maintenance, operation and the transport of railways, whose powers and obligations in the exercise of their activities, as well as their remuneration; under the Ordinance, in particular rules on a can) the personal conditions including age requirements, the beginning and the end of the order, b) the eligible subjects including the order requirements, c) the scope of the obligations of the experts in the exercise of his activity, in particular about the obligations of independent, autonomous, personal, conscientious and impartial service provision and the swearing on it. a professional liability insurance and the extent of liability; the training and exchange of experience; compliance with minimum requirements for the provision and the recording will be made by data on individual business transactions and on the contracting authority;
11. about the subject, content and scope, as well as the procedure of investigating dangerous events in the railway operations including the cooperation with foreign authorities and institutions of the European Union; under the Ordinance, in particular rules on a can) the powers and the investigative procedures of the competent authority, b) the duties to cooperate and reporting obligations of railways, c) reporting and reporting on the investigations, d) content, the publication, and the liability of the security recommendations of competent authorities; issued for investigating dangerous events in railway operation
12 are of the requirements by private agencies in the transfer of supervisory and approval powers to meet;
13. on the procedure for issuing the safety certificate and the national certificate referred to in Section 7a, as well as the safety authorisation pursuant to § 7 c;
14 on requirements for safety management systems within the meaning of sections 7a and 7 c; also display requirements, as well as the procedure can be controlled;
15. on requirements for the reliability of public railways; also display and approval requirements, as well as the procedure can be controlled;
16. about access to training facilities and the requirements of training and training facilities; also display and approval requirements as well as the procedure and the registration can be controlled;
17. about common security methods for assessing the achievement of and the adherence to the safety requirements;
18. about common safety targets; at least reaching the parts of the railway system and the total system
19 on the requirements for a body responsible for the maintenance and the procedure for the granting of certificates pursuant to section 7 g.
In the case of the set, 1 No. 1a may be issued a regulation to protect of the rights of travellers.
(1a) referred to in paragraph 1 set 1 number 9 the fees as fixed or time based charging can be set in regulations. In addition, the fees and costs incurred by Liberation, the Gebührengläubigerschaft, the Gebührenschuldnerschaft, the amount of expenses to be reimbursed and the charging by way of derogation from the provisions of the federal charges Act can be controlled.
(2) to ensure of the protection of life and health of the crews of vehicles and staff that is used directly in the operational management of transportations, the Federal Ministry of transport and digital infrastructure is authorized with approval of the Federal Council for public railways regulations to adopt over 1 hours, travel time and their interruptions and shifts, 2. rest periods and rest breaks, 3. evidence of activity, 4. the Organization , the procedure and the means of monitoring the implementation of these regulations, 5. abweichender the admissibility of collective agreement provisions on work time, travel times, layer - and rest periods, rest breaks and interruptions of travel times.
(3) regulations referred to in paragraph 1 sentence 1 No. 1 be, insofar as they relate to environmental protection, from the Federal Ministry for transport and digital infrastructure and by the Federal Ministry for environment, nature conservation, construction and adopt nuclear safety. Regulations referred to in paragraph 1 sentence 1 No. 1a are in agreement with the Federal Ministry of Justice and Consumer Affairs and in consultation with the Ministry of food and agriculture issued; extent a provision for arbitration is made, the agreement of the two previously mentioned federal departments is required. Regulations referred to in paragraph 1 sentence 1 No. 5 are in agreement with the Federal Ministry for education and research, adopted. The provisions of the vocational training Act remain unaffected. Regulations issued pursuant to paragraphs 1 and 2 for the protection of life and health of the workers and staff in consultation with the Federal Ministry of labour and Social Affairs. Regulations referred to in paragraph 1 sentence 1 No. 7 and 9 are in agreement with the Federal Ministry of finance and the Ministry of economy and energy adopted.
(4) the Federal Ministry of transport and digital infrastructure is authorized, with the consent of the Federal Council to adopt regulations 1 on the adoption of the law of the European communities or the European Union, as far as items of articles 1 to 5 of the railway realignment Act or of the federal railway development law, in German law, as well as to carry out such right of the European communities or of the European Union;
2. for determining the scope of application of Regulation (EEC) No 1191/69 of the Council, as far as this regulation allows. in the Ordinance can be provided that country Governments No 1191/69 of the Council for the undertaking, whose business is limited exclusively to the operation of urban, suburban and regional transport services to derogation by the Ordinance of the Federal Ministry of transport and digital infrastructure for applicable regulation (EEC) explain by regulation.
(5) the appropriations apply for non-public railways referred to in paragraph 1 in so far as it requires the unity of the State Railways. The authorization applies pursuant to paragraph 2 for these railways insofar as they use the railway infrastructure of public railway infrastructure company. In addition country Governments be empowered to enact regulations for these companies; the State Governments can confer the empowerment by means of an Ordinance.
(6) in the regulations referred to in paragraph 1 No. 1 can to regulate the approval procedure in detail or to simplify, facilitate or accelerate the approval process or for the relief of the authorities also arrangements are the powers of the supervisory authorities for the adoption of statements about 1 the scope, content, and the number of construction templates, and 2. the necessary applications , Advertisements, certificates and certificates.
Different requirements and procedures can be set in the instructions for various types of construction projects; It can be set for specific projects also, that on the approval or the technical examination is waived entirely or partially.
(7) Regulations under paragraph 1 or 2, that only the implementation of the 1st published in the official journal of the European Union technical specifications for interoperability in the sense of chapter II of Directive 2008/57/EC, 2. specifications for the vehicle register referred to in article 33 of Directive 2008/57/EC, 3. specifications for a European register of approved vehicle types according to article 34 of Directive 2008/57/EC or 4. specifications for the infrastructure register referred to in article 35 of Directive 2008/57/EC are , not the approval of the Federal Council; Here also the relation to the other operational safety can be regulated serving legal regulations.
(8) the Federal Ministry of transport and digital infrastructure is authorized, in consultation with the Federal Ministry for environment, nature conservation, construction and nuclear safety and the Federal Ministry of labour and Social Affairs by decree with the consent of the Federal Council the railway Federal Office the power to adopt a legislative decree referred to in paragraph 1 sentence 1 number 1, also in conjunction with paragraph 5 sentence 1 and paragraph 6, wholly or in part to transfer , as far as technical details for planning, design and construction by equipment of the railways of the Federation are affected. Legal regulations of the federal railway Office require not the consent of the Federal Council; on these regulations, paragraph 3 is not applicable to movements 1 and 5.
Section 27 General administrative provisions the Ministry of transport and digital infrastructure may in agreement with the Federal Ministry of labour and Social Affairs with the consent of the Federal Council to carry out the regulations adopted on the basis of § 26 para 2 General administrative provisions adopted, in particular on sentencing for a misdemeanor according to § 28 para. 1 No. 4, 5 and 8.
Section 28 is offences (1) any person who intentionally or negligently provides 1 without permission according to § 6 para 1 sentence 1 rail transport services, as holders of railway vehicles independently on the railways takes part or operates railways, control and security systems, or platforms, 2. contrary to Section 7a, paragraph 1, sentence 1 para 4 sentence 1 to the public railway company takes part, 2a.
violates article 7b of paragraph 1, also in conjunction with section 7c paragraph 4, a change not or not timely requested, 2B. violates article 7c para 1 sentence 1 operates a public railway infrastructure, 2 c.
as operation records in the company of responsible for contrary to section 7f para 1 sentence 1 without permission or the operation expands, 2e.
as reimbursed the company responsible violates article 7f par. 3 a display, not, not properly or in a timely manner 2f. no certificate referred to in section 7 g paragraph 1 sentence 1 is active, 3. without permission according to § 12 para 3 sentence 1 No. 1 provides railway services pursuant to section 3, 4th in the company responsible for contrary to section 12 paragraph 2 sentence 1 provides rates or not in the prescribed manner or contrary to section 12 paragraph 2 sentence 2 applies rates to anyone not in the same way , 5 (cast away) 6 a decree after a) § 26 para 1 No. 1 letter a, b or c, no. 1B, 11 or 15, b) § 26 para 1 No. 1 letter d or e, no. 10, 14 or 16 or c) § 26 para 1 No. 4 or 5 or subsection 2 Nos. 1 to 3 or 4 or an enforceable order on the basis of such legal regulation contravenes , as far as the legal regulation for a specific offence refers to this fine provision or 7.bis 8 (fallen away) 9 contravenes a commandment or prohibition of a regulation of the European communities or the European Union or an enforceable order on the basis of such a regulation relating to the railways, as far as a legal regulation refers to this fine provision pursuant to paragraph 3 for a given offence.
(2) the offence may in the cases of paragraph 1 No. 5 and 6 point (b) a fine of up to ten thousand euros, in other cases of paragraph 1 with a fine punishable up to fifty thousand euro.
(3) the Federal Government is entitled to refer to the facts, which can be punished no. 9 as misdemeanor referred to in paragraph 1, insofar as this is necessary for the implementation of the regulation by decree with the consent of the Federal Council.
§ 29 jurisdiction for the prosecution and punishment of offences (1) managing authority within the meaning of § 36 para 1 No. 1 of the law on offences of railway - building is 64 b paragraph 3 on administrative offences in the area of the company which are subject to supervision by the federal railway authority, this authority, as far as not in accordance with § and operational rules of the 8 May 1967 (BGBl. II S. 1563), most recently by article 7 of the law of 21 June 2002 (BGBl. I S. 2191) has been changed , and according to § 49 para 3 of railway - building and operating regulations for narrow gauge railways from February 25, 1972 (BGBl. I p. 269), most recently by article 6 paragraph 132 of the railway realignment law of 27 December 1993 (BGBl. I p. 2378) is changed, the federal police authority specified in the regulation according to § 58 (1) of the Federal Police Act are responsible.
(2) in addition to the administrative authorities specified in the sections 37 and 38 of the code of administrative offences the is responsible for the persecution and punishment in article 28, paragraph 1 No. 2a to offences referred to 2e or 6 letter c, the management authority, in whose district the business Office of the company is located, where the person concerned is working; section 39 of the code of administrative offences shall apply mutatis mutandis.
(3) If an infringement committed by officials of the federal railway assets or by workers of railways of the Federation, paragraph 1 shall apply mutatis mutandis.
Article 30 transitional arrangements for the local passenger services of the railways of the Federation until December 31, 1995 is the Federal Ministry of transport and digital infrastructure also supervisory and approval authority and competent authority within the meaning of Regulation (EEC) No 1191/69 of the Council for the railways of the Covenant, insofar as it is 1 the tariffs in the rail transport of these railways, 2.
Requirements on the basis of article 1 paragraph 5 and 6 of Regulation (EEC) No 1191/69 of the Council concerning the local passenger services of the railways.
Article 31 independent participation in railway operation for holders of railway vehicles that take part, and article 2, paragraph 1 and 2 do not qualify, with these independently on the railways apply, if nothing else is determined, in accordance with the rules for non-public railway company.
§ 32 Nichtselbstständige participation in railway operation for holders of railway vehicles, not independent participating with these in the railway operation, apply, if nothing else, the rules for non-public railway undertakings according to, as far as they concern the railway authority, 2. 1 the fees and expenses of individually attributable public services, 3. the obligation to insure.
Article 33 (dropped out) § 34 Network Advisory Board as far as it is required for developing, expanding or obtaining of railways, is an operator of the railways at the request of the competent supervisory authority required to set up an independent network Advisory Board. The network Advisory Board has the right to develop, to develop and to maintain the rail to make recommendations. The Board of Directors of the operator of railways has these recommendations on the subject of its deliberations to make. The network Advisory Board representative or representative of railway undertakings and the according to section 1, paragraph 2, of the Regionalisierungsgesetzes is by the competent supervisory authority to appoint certain places. The network Committee shall have not more than 15 members.
§ 35 railway infrastructure Advisory Board which has railway infrastructure Advisory Board Task 1 the regulatory authority at the perception of their tasks and the preparation of the report according to § 14 to advise b paragraph 4 2 of the regulator making suggestions for the focus of their activities.
He is entitled to the regulatory authority to obtain information and opinions. The regulatory authority is required to report in that regard.
The Railway Safety Advisory Council has the task to advise the federal railway authority in the performance of his duties as a security authority, and to promote cooperation between the railway Federal Office as a security authority and Supreme Land authorities responsible for the supervision of the railway section 35a Railway Safety Advisory Council (1).
(2) opportunities to comment on general questions of the application of law by the federal railway Office in relation to the performance of duties as a security authority, in particular as regards the principles of the exercise of discretion and the interpretation of undefined legal terms, is the Railway Safety Advisory Council.
(3) safety certificates according to Article 7a, paragraph 1 or safety approvals according to § 7 c para 1 for non State-owned railways require of behavior with the Railway Safety Advisory Council. Safety certificates and safety authorisations can be issued even without the consultation in urgent cases; in such cases, the rail safety Advisory Committee is to teach.
(4) the Railway Safety Advisory Board is entitled to the federal railway authority to obtain information and opinions. The federal railway authority is required to report in that regard.
36 report of the monopolies Commission the monopoly Commission created every two years an opinion in which she assessed the situation and the foreseeable development of competition and the question is whether an effective and undistorted competition within the meaning of § 1 recognizes the application of the provisions of the railway law and takes position on other current competition policy issues relating to the operation of railways. The opinion should be completed in the year in the main opinion is submitted according to section 44 of the Act against restraints on competition.
§ 37 suspensory effect of appeals appeal and application for annulment against decisions according to the § § 14 c, 14e and 14f have no suspensive effect.
Section 38 further transitional provisions (1) the railway infrastructure of a non-federal railway infrastructure company touches, which permits issued up to 1 July 2002 by a country was another country, then the previously granted apply on and from 1 July 2003 as an approval of the country, where the infrastructure is located, unless agreed by not the countries involved to then something else according to § 5 ABS. 1 Nr. 2 sentence 2. Sentence 1 shall apply accordingly for the railway authority.
(2) on railways, which must grant access to their railway infrastructure for the first time from April 30, 2005, pursuant to § 14 para 1, you rail construction - and operational rules, the railway signal order of 1959 and the railway managers regulation until the adoption of a scheme pursuant to sentence 3 does not apply. On these railways, the respective national regulations about the reliability of non-public railways are to apply. The Federal Ministry of transport and digital infrastructure is authorized to determine that the sentences 1 and 2 no longer apply are, insofar as it is necessary for the uniform arrangements of all rule-gauge railways operational safety Ordinance with the consent of the Federal Council.
(3) the approval is the already legally exercising activities on 29 April 2005 according to article 6, paragraph 1, on request according to article 6, paragraph 1 to grant, without that will check the prerequisites of § 6 par. 2. Sentence 1 shall apply only if the approval is sought until May 1, 2006.
(4) railroads, which no longer, as of April 30, 2005 No. 2 of this regulation are exempted from the insurance obligation according to § 1 of railway liability regulation in accordance with section 1, paragraph 2, have the proof of the existence of an insurance company according to § 5 supervisory authority until November 1, 2005 to present.
(5) railway companies that already participate in the railway operations on April 30, 2005, have to apply for the safety certificate until November 1, 2005. The security certificate is issued in the case of timely submission to the nonrepudiation of the decision on the request for provisional entry to the.
(5a) railway undertakings, which have applied for a safety certificate until November 1, 2005 according to § 14 paragraph 7 as amended by force until April 20, 2007 and whose Antrag is still not unimpeachable, a safety certificate received after April 20, 2007 up to rules. The security certificate pursuant to sentence 1 or a security certificate issued on 21 April 2007 shall apply at the latest until the expiry of December of 31 2010 (5B) public railway companies, which participate on April 21, 2007 on the railways, have the safety certificate or the national certificate referred to in Section 7a to the expiration of the December 31, 2008 to apply for.
(5c) have public railway infrastructure companies that already participate in the railway operations on April 21, 2007, to obtain the safety authorisation pursuant to § 7 c to October 21, 2007. Sentence 1 does not apply to public railway infrastructure companies that operate only facilities or networks of regional transport, which have no connection to the foreign. The security permission is granted in the event of timely submission as to the admission of the nonrepudiation of the decision on the request for provisional.
(5 d) as far as a safety certificate which has been issued according to § 14 paragraph 7 as amended by force until April 20, 2007 must be supplemented, modified or renewed for other reasons, to immediately apply for a safety certificate referred to in Article 7a, paragraph 1 or a national certificate referred to in Article 7a, paragraph 4. The security certificate requested pursuant to sentence 1 or national certificate is issued with the request until the nonrepudiation of the decision on the respective application as preliminary.
(5e) who on April 21, 2007 already operates a training in the sense of § 7 d 1 and is taken not according to § 7 d section 4 from the approval requirement, has the licence pursuant to section 7 d, paragraph 1 up to October 21, 2007 to apply for. The approval is granted in the event of timely submission to the nonrepudiation of the decision on the request for provisional entry to the.
(5f) that have authorities that are already active on May 31, 2012, for the maintenance of freight cars pursuant to § 7 g until the expiry of the 31 January 2013 to apply for the certificates of maintenance points. The maintenance points-certificate valid in case of timely submission until the nonrepudiation of the decision granted the request as preliminary, at the latest until 31 May 2013혼다 1 railways require any maintenance points-certificate, to May 31, 2012, a safety certificate or safety authorisation have, for their lifetime or 2 for the maintenance of freight cars authorities, on May 31, 2012 on a certificate on the basis of the memorandum of understanding establishing the principles drawn from the Federal Republic of Germany on May 14, 2009 a common system for the certification for the maintenance of freight cars have competent authorities, for their lifetime, at the latest until 31 May 2015 (6) Article 23 is only on applications that are provided after April 30, 2005, to apply.
(7) on 29 April 2005 pending administrative and judicial procedures regarding access to the railway infrastructure continue to the existing regulations and 1 until the end of December 31, 2005 for this purpose by the federal railway Office, 2. from 1 January 2006 by the regulatory authority.
(8) from 1 January 2010 a unique extendable framework contracts may be for train on special infrastructure within the meaning of article 24 of Directive 2001/14/EC, which are used by applicants who already provide up to December 31, 2009 on this train railway transport services, with a maturity of five years. Is the possibility of an extension is agreed, the framework agreement requires the approval of the regulatory authority in so far. The approval is granted if contractual commitments or special investment are demonstrated. Sentences 2 and 3 shall not apply to agreements with authorized access according to § 14 para 2 No. 3 and 4 footnote section 38 (4) italic: "Railway third party liability insurance regulation" loud section 39 would properly transitional arrangements (1) before December 17, 2006, applied for the plan approval procedure or plan approval procedure according to the provisions of this act as amended as of December 17, 2006 continue. Article 11 par. 2 of the infrastructure planning acceleration Act remain unaffected.
(2) section 18c also applies to zoning decisions and plan approvals issued before December 17, 2006, unless the plan still not override is entered.
§ 40 temporary transitional arrangements apply (1) sections 2, 14 and 14B version force until the expiration of the December 31, 2009 in their on May 28, 2009.
(2) § 14 g is to apply from 1 January 2010.
Plant (to section 18e par. 1) railways first responsible of the Supreme Administrative Court (site: BGBl I 2006, 2835) Introduction: In the sense of the system mean 1 ABS: upgraded line, 2. NBS: new line.
Also the systems required for the operation of railways are the railways. The rail tracks begin and end respectively at the intersections where they are connected to the existing network.
Item No. No. projects 1 ABS Lübeck/Hagenow land - Rostock - Stralsund 2 ABS Leipzig - Dresden 3 ABS Hamburg - Lübeck 4 ABS Hamburg - Øresund region 5 ABS/NBS Hamburg/Bremen - Hannover 6 ABS point - Lüneburg 7 ABS Oldenburg – Wilhelmshaven/Langwedel Uelzen 8 ABS Uelzen - Stendal 9 ABS Rotenburg - Minden 10 ABS Minden - hurry/ABS/NBS hurry - Seelze 11 ABS Berlin - Pasewalk - Stralsund (-Scandinavia) 12 ABS Berlin - Rostock (-Scandinavia) 13 ABS Berlin - Dresden 14 ABS Hoyerswerda - Horka - border ABS/NBS Hanau-D/PL 15 Würzburg/Fulda - Erfurt 16 NBS Rhine / Main - Rhein/Neckar 17 ABS Düsseldorf - Duisburg (Rhine-Ruhr-Express) 18 ABS/NBS Karlsruhe - Offenburg - Freiburg - Basel 19 ABS/NBS Stuttgart - Ulm - Augsburg 20 ABS Ludwigshafen - Saarbrücken, Kehl - Appenweier 21 ABS/NBS limit D/NL - Emmerich - Oberhausen 22 ABS Munich - Rosenheim - Kiefersfelden - limit D/A
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