General Railway Law

Original Language Title: Allgemeines Eisenbahngesetz

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General Railway Law (AEG)

Non-official table of contents

AEG

Date of issue: 27.12.1993

Full quote:

" General Railway Act of 27. December 1993 (BGBl. 2378, 2396; 1994 I p. 2439), as defined by Article 1 of the Law of 28 June 1992. May 2015 (BGBl. I p. 824) "

:Last modified by Art. 4 para. 120 G v. 7.8.2013 I 3154
Note:Mediable change by Art. 1b G v. 24.5.2014 I 538 is considered
Change by Art. 1 G v. 28.5.2015 I 824 (No 21) in a textual, documentary yet non-exhaustive

See the menu under Notes
for details on the standstill.

Footnote

(+ + + Text evidence from: 1.1.1994 + + +)

The G was set to the article 5 G 930-8 v. 27.12.1993 I 2378 (ENeuOG) approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 11 (1), first sentence, of this G entered into force on 1 January 1994. Non-official table of contents

§ 1 Scope of application, competitive conditions

(1) This law is designed to ensure the safe operation of the Rail and an attractive rail transport offer, as well as ensuring effective and undistorted competition on the railways in the case of the provision of rail transport services and the operation of railway infrastructure. This Act shall also be used to implement or implement legal acts of the European Communities or of the European Union in the area of railway law.(2) This Act applies to railways. It does not apply to other rail tracks, such as magnetic levitation trains, trams and the railways, cable cars and other railways of special design which are similar to those of their construction or operating mode. It shall also not apply to the supply of cable-based energy, in particular to the flow of electricity, and telecommunications services, unless otherwise provided for by this Act or by reason of this Act.(3) The provisions of this Act shall not apply, subject to the first sentence of Article 26 (1) (1a) in conjunction with the second sentence, to the extent laid down in Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 June 2007 on the implementation of the provisions of this Act. October 2007 on the rights and obligations of rail passengers (OJ L 327, 28.12.2007, p. EU No 14) are provided for in the same content or in the opposite direction.(4) Regulation (EC) No 1371/2007, in accordance with Article 2 (5) thereof, does not apply to such transport services of the rail passenger transport sector, which are mainly driven for reasons of historical interest or for tourist purposes. .(5) With the aim of the best transport operation, the Federal Government and the governments of the state have to work to ensure that the conditions of competition are brought into line with the modes of transport, and that a fair competition between modes of transport will result in a more competitive economically viable task-sharing is made possible. Non-official table of contents

§ 2 Definitions

(1) Railways are public bodies or private-sector companies that are (2) Rail transport services are the transport of persons or goods on a railway infrastructure (railway infrastructure) or railway infrastructure (railway infrastructure). Railway infrastructure. Railway undertakings must be in a position to ensure the promotion of trains.(2a) Cross-border freight transport services are transport services for the carriage of goods where the train is at least one frontier of a Member State of the European Union or of a Member State of the Agreement of 2. May 1992, crossing the European Economic Area; the train may be extended and divided, and the various parts of the train may have different places of departure and destination, provided that all wagons cross at least one border.(2b) Cross-border passenger transport services are transport services for the carriage of passengers where the train is at least one frontier of a Member State of the European Union or of a Member State of the Agreement on the European Union. The main purpose of the train is to transport passengers between stations in different Member States; the train can be extended and separated and the various train stations can be used for different types of transport. Where all wagons cross at least one border, departure and destination places.(3) The railway infrastructure shall include the operating facilities of the railways, including the railway power transmission lines.(3a) Rail operators shall be any railway infrastructure undertaking which is responsible for the operation, construction and maintenance of railway infrastructure, with the exception of the rail infrastructure in service facilities.(3b) Rail routes which are used for the purpose of their own freight transport include railway lines which are used for the intra-company transport or the supply and delivery of goods by rail for one or more specific undertakings. Own freight transport is also available if such rail routes do not carry out the company itself, but a third party carries out the transport for the company.(3c) Service facilities are
1.
Fuel intake devices,
2.
Passenger train stations, their buildings and other facilities,
3.
freight train stations and -terminals,
4.
marshalling yards,
5.
train-forming devices,
6.
Abstellgleise,
7.
Maintenance facilities and other technical devices and
8.
Ports.
(4) (omitted) (5) Rail passenger transport is the generally accessible transport of people in trains that are primarily intended for transport demand. in urban, suburban or regional transport. This is in doubt the case where, in the majority of cases of carriage of a train, the total travel distance does not exceed 50 kilometres or the total travel time does not exceed one hour.(6) Railways or companies of the Federal Government are companies which are mainly in the hands of the Federal Government or a majority owned by the Federal Government.(7) In case of doubt, the highest national transport authorities concerned shall decide, in cases of doubt, in consultation with the Federal Ministry of Transport and Digital Infrastructure, whether and to what extent a railway railway is to be used for the railway industry. the railways within the meaning of this Act are to be expected. They shall also decide, in so far as these are not federal railways, whether local rail passenger transport is available within the meaning of paragraph 5.(8) Regional transport networks are rail routes on which no trains of passenger transport are used.(9) Regional railways are railway undertakings which provide transport services exclusively on networks of regional transport, even if they extend beyond these networks to the transitional railway station outside the respective network of regional transport return. Non-official table of contents

§ 3 Public rail transport

(1) Railways are used for public transport (public railways) if they are used as
1.
Rail transport companies operate or operate on a commercial basis, and everyone is of their intended use (public rail transport undertakings),
2.
Rail infrastructure undertakings shall have access to their intended purpose for the carriage of goods or goods by rail, Rail infrastructure must be granted (public rail infrastructure),
3.
Rail operators must give access to their rail routes
(2) The railways, which are not covered by paragraph 1, are non-public railways. Non-official table of contents

§ 4 Security obligations, responsibilities of the Federal Railway Authority

(1) Rail infrastructure and vehicles must be Public security requirements
1.
to build at the time of startup and
2.
to the operation
.(2) If a permit is required for the entry into service of a railway infrastructure or a vehicle, railways, railway vehicles or manufacturers may be authorised to enter into service. apply.(3) Railways and holders of railway vehicles are obliged to keep
1.
safe to operate and
2.
to participate in fire protection and technical assistance measures.
Railways are also committed to ensuring the safety of the railway infrastructure and to keep it in a safe state.(4) Railways, which require a safety certificate or a safety authorisation, shall have a safety management system in accordance with Article 9 (2) and (3) of Directive 2004 /49/EC of the European Parliament and of the Council of 29 November 2004, Council Directive 95 /18/EC on the granting of authorisations for 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 the safety certificate ("Railway Safety Directive") (OJ L 327, 28.4.2002, p. 44, OJ L 220, 21.6.2004, p. 16), as last amended by Directive 2009 /149/EC (OJ L 164, 30.4.2009, p. 65), it is necessary to set up and keep records of its content in a non-personal form. The other railways shall, in a suitable manner, establish rules to meet the requirements of public security and keep records of their content in a non-personal form.(5) The railways shall immediately designate records of the system referred to in the first and second sentences of paragraph 4 no longer used as such. The railways are obliged to keep the records for five years from the date of the marking.(6) With regard to the construction, modification, maintenance and operation of the operating facilities and the rolling stock of the Federal Railways, the Federal Railway Authority (Bundesamt) is
1.
the issuing, approvals and approvals,
2.
the take-off, checks, and Monitoring
based on other laws and regulations. Section 5 (5) shall remain unaffected.(7) The operator of the rail routes must also make the operation of the associated control and security systems as well as the associated facilities for the distance-related supply of driving power to the object of his company. Non-official table of contents

§ 4a Maintenance

(1) Railways and holders of railway vehicles are responsible for the maintenance of each of their Railway rolling stock (body responsible for maintenance). They may delegate the task set out in the first sentence to the post of a third party responsible for maintenance.(2) Without prejudice to the responsibility of the railways and the holders of railway vehicles for safe operation, the bodies responsible for maintenance shall be obliged to carry out the railway vehicles they have taken over for maintenance purposes in to keep the state in a safe state.(3) For maintenance purposes, the competent authorities requiring a maintenance certificate must establish a maintenance system and keep records of its contents in a non-personal form. The maintenance system shall be governed by the requirements of Article 4 of Commission Regulation (EU) No 445/2011 of 10 June 2011. May 2011 on a system for the certification of bodies responsible for the maintenance of freight wagons and amending Regulation (EC) No 653/2007 (OJ L 196, 27.7.2007, p. OJ No L 122, 11.5.2011, p. 22). Maintenance shall be based on
1.
for the maintenance documents of each railway vehicle Article 4 (1) (b) of Regulation (EU) No 445/2011 and
2.
the applicable requirements, including the relevant provisions relating to: Vehicle maintenance and the technical specifications for interoperability.
(4) The remaining parts of the maintenance of railway vehicles which do not require a maintenance certificate shall have the appropriate means: to lay down rules to meet the requirements of public security and to keep records of their content in a non-personal form.(5) The bodies referred to in paragraphs 3 and 4 shall immediately designate records of the system referred to in the first sentence of paragraph 3 and paragraph 4, which they shall no longer use, as such. The bodies shall be obliged to keep the records for five years from the date of the marking.(6) The bodies referred to in paragraphs 3 and 4 shall keep the maintenance documents of each railway vehicle for as long as the railway vehicle can be used as such. The maintenance records of each railway vehicle, which are part of the maintenance documents, are in this case according to DIN 27201-2:2012-02 2) to be kept.
2)
Official note: This DIN standard has appeared in Beuth-Verlag GmbH, Berlin, and is archive-wise at the German Patent and Trademark Office in Munich.
Non-official table of contents

§ 4b Examination experts.

(1) Examination experts on behalf of the railways, who are responsible for the Manufacturers, the safety authority or the railway inspectorates of the countries
1.
compliance with the national technical requirements which are not referred to in Article 17 Paragraph 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 in the Community (recast) (OJ L 327, 27.4.2008, p. 1), as last amended by Directive 2014 /38/EU (OJ L 197, 21.7.2014, p. 20) has been notified, or
2.
the proof of a permissible deviation from the technical specifications referred to in point 1.
a)
design of construction equipment, signalling, telecommunication and electrical equipment, and
b)
the use of construction products, designs, components, systems, and procedures
Test experts are recognized if they have the required expertise possess, are reliable and independent of the client. Your activity will be monitored. Further information on recognition and supervision shall be governed by a legal regulation within the meaning of Article 26 (1), first sentence, point 1, point (f).(2) The test experts referred to in paragraph 1 shall act in the event of an order from the safety authority or the railway supervisory authorities of the countries as their administrative helpers. Non-official table of contents

§ 5 Railway oversight

(1) The railway supervisor will take care of
1.
this law and the legal ordinances based on it,
2.
of the law of the European Communities or of the European Union, as far as the subject matter of this law or Regulation (EC) No 1371/2007 is concerned,
3.
monitored by intergovernmental agreements, insofar as they affect articles of this law.
(1a) In the case of railway supervision and permits, unless otherwise provided for in this Act,
1.
the Bund for
a)
Federal Railways
(b
b)
Federal Railways without domials, in respect of the use or operating of a railway infrastructure in the territory of the Federal Republic of Germany,
c)
Non-national railways without domials in Germany with regard to the use of a railway infrastructure in the territory of the Federal Republic of Germany Germany
2.
the countries for
a)
non-federal railways with domestic domials,
b)
non-federal railways without domestics with regard to the operation of a railway infrastructure in the territory of the Federal Republic of Germany.
(1b) The responsibility for railway supervision and permits shall be as far as this law is concerned,
1.
for rail transport companies referred to in paragraph 1a (2) (a) the country in which they are based ,
2.
for railway infrastructure undertakings referred to in paragraph 1a (2), the country in which they operate their railway infrastructure.
In the case of the first sentence of sentence 1, 2 the participating countries may agree otherwise.(1c) The authority responsible for the railway supervision of a railway infrastructure undertaking shall also be subject to the supervision of railway undertakings, in so far as they use the railway infrastructure under their supervision.(1d) The federal government is responsible for
1.
recognition and monitoring of
a)
notified bodies in the sense of Article 2 (j) in conjunction with Articles 18 and 28 of Directive 2008 /57/EC,
(b)
certain bodies referred to in the third sentence of Article 17 (3) of Directive 2008 /57/EC Directive 2008 /57/EC
2.
the task of the recognition office of assessment bodies within the meaning of Article 7 (b) in conjunction with Article 13 (1) Commission Implementing Regulation (EU) No 402/2013 of 30 June 2013 1. on the common safety method for the evaluation and evaluation of risks and repealing Regulation (EC) No 352/2009 (OJ L 327, 27.4.2009, p. 8).
The Federal Government shall carry out the tasks referred to in the first sentence of the first sentence by the competent authority responsible for the supervision of the railway pursuant to the first sentence of the second sentence of paragraph 2 as the safety authority. The safety authority shall, on request, be granted recognition in accordance with the first sentence. Without prejudice to the first subparagraph of point 1 (a), the Federal Government shall exercise the functions of a notified body, in so far as such a body is subject to the law of the European Community or of the European Union in relation to the interoperable railway system. For this purpose, a notified body shall be set up at the national authority responsible for the railway supervision referred to in the first sentence of paragraph 2.(1e) The Federal Government is responsible for the rules-based railways, the holders of railway vehicles and the maintenance authorities
1.
the approval of commissioning of structural subsystems and parts of these in the sense of the law of the European Communities or the European Union;
2.
issue
a)
Security certificates and security approvals as well as
b)
Maintenance posts-certificates and certificates for maintenance functions
3.
the recognition of training facilities and the monitoring of their activities, as well as the driving of a Register of training facilities;
4.
The railway supervision, except for monitoring compliance with the provisions of § § 8 to 13, on non-federal Railways which require a safety certificate or safety authorisation;
4a.
The railway supervision of the holders according to § 32, the railway vehicles of which are in the Registration registers according to § 25a must be registered;
5.
The railway supervision of the placing on the market of interoperability constituents within the meaning of the law of the European Communities or of the European Union;
6.
the monitoring of the rules laid down by public railways, the requirements to be met contain rail safety and apply to more than one railway, with the exception of the rules of operators of regional railways and regional transport networks;
7.
(a) the management of an official vehicle registration register to the extent that it is to be established in accordance with the law of the European Communities or of the European Union;
8.
in the cases in which the railway undertaking must have a safety certificate or a safety certificate, or style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
the granting, suspension, and withdrawal of train drivers and the monitoring of the Continuing the grant requirements;
b)
aa)
Monitoring the procedure for issuing certificates on the infrastructure and vehicles used by the owner of a driver's licence and may lead to (certificates),
bb)
Monitoring, whether the grant conditions for certificates persist, and the supervisory measures required,
cc)
Editing complaints as part of the procedure for granting certificates;
c)
Driving a driver's license register;
d)
the recognition or approval of
aa)
Physicians and psychologists for the tautness investigation and
bb)
for the issue of train drivers and certificates and their monitoring, as well as the management of a register
9.
Approving exceptions to the application of certain technical specifications for interoperability.
The Federation is responsible for the tasks Sentence 1 shall be the safety authority by the competent authority responsible for the supervision of the railway system referred to in the first sentence of paragraph 2.(1f) The Federal Government is responsible for the investigation of dangerous events in railway operations on railway infrastructure which are subject to its supervision of the railway system. The Federal Government is responsible for the task of the Federal Ministry of Transport and Digital Infrastructure as an investigative authority in accordance with the first sentence. This can be revoked at any time by the Federal Railways Office with investigative actions. In the case of appointment, the Federal Railway Authority shall have the powers of the investigating authority, in so far as the powers to carry out the investigative actions are necessary.(1g) The employees of the Federal Railway Agency responsible for the accident investigation are subject to the orders of the Federal Ministry for the Study of Accident Investigation exclusively and directly to the staff of the Federal Ministry of Education and Research responsible for the investigation. Transport and digital infrastructure, in so far as the orders do not relate to the official status of employees of the Federal Railway Agency.(1h) The Federal Government is responsible for the recognition and supervision of test experts within the meaning of § 4b.(1i) The tasks and powers of the authorities responsible for the prosecution and prosecution of administrative offences remain unaffected by the rest.(2) The federal government is responsible for the authorities designated in accordance with the Federal Railway Traffic Management Act (Bundeseisenbahnverkehrsverwaltungsgesetz), and for the respective country the authority designated by the Land Government. The respective country and the federal government can agree with each other, the railway authority, the power to issue permits as well as the investigation of accidents and dangerous events, in whole or in part, to the federal government. The expenses associated with the tasks assigned to it shall be reimbursed to the Federal Government. The Federal Railway Authority shall carry out the tasks assigned to it in accordance with the instructions and on behalf of the country. The State Government may delegate, in whole or in part, to other public or private bodies, the supervision of the railway system and the power to issue authorisations. The supervisory and approval authority within the meaning of this law is also the body which transferred tasks to the state government pursuant to sentence 4 or the Federal Ministry of Transport and Digital Infrastructure according to the Federal Railway Traffic Management Act .(3) The provincial government shall designate the authority which is responsible for railways of the Federal Government and for non-national railways without domials, in so far as it is concerned with the fulfilment of conditions on the basis of Article 1 (5) and (6) of the Regulation (EEC) No 1191/69 of the Council of 26 June The Council adopted a resolution on the action taken by the Member States in connection with the concept of public service in the field of transport by rail, road and inland waterway (OJ C 327, 6.7.1969, p. EC No 1), as last amended by Council Regulation (EEC) No 1893/91 of 20 June 1991. 1 June 1991 EC No 1), concerning the rail passenger transport of these railways in the territory of the Federal Republic of Germany.(4) By way of derogation from paragraphs 1a and 1b, responsibility for the approval and compliance with tariffs is
1.
in local rail passenger transport, the authority designated by the state government of the country where the rail transport company is located
2.
a transport and collective bargaining system applied by a rail transport company, the national authority of the country in which the respective network is
If the railway undertaking has its head office abroad, the authority of the country in which the majority of the railway infrastructure used is situated after the length of the track is responsible. The competent licensing authority shall take its decision after consultation with the approval authorities of the countries affected by the scope of a tariff.(5) Compliance with occupational health and safety requirements shall be monitored by the competent authorities in accordance with those rules. The Federal Ministry of Transport and Digital Infrastructure may, in agreement with the Federal Ministry of Labour and Social Affairs, by means of a legal regulation for rail vehicles and installations which are directly responsible for ensuring the operational run-off. With the consent of the Federal Council, responsibility for the Federal Railways Office is transferred.(6) At the request of a railway undertaking which also operates rail passenger transport to the nearest town with a population of more than 100 000, beyond the transitional railway station situated outside the network of regional transport, the Federal Ministry of Transport and Digital Infrastructure, after consulting the participating countries, order in individual cases that the provisions applicable to regional railways should be applied to this rail transport undertaking to the extent that: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
there is a special regional need for this,
2.
the rail transport company has demonstrated the necessary skills and
3.
the uniformity of the railway system is not at risk.
The order shall be notified to the applicant and to the countries involved. It is to be published in the Federal Gazette.(7) (omitted) Non-official table of contents

§ 5a Tasks and powers of the railway supervisory authorities.

(1) The railway supervisory authorities have the The task of monitoring compliance with the regulations referred to in § 5 (1), insofar as nothing special is intended in this law. In particular, you have the task of preventing
1.
from hazards that are encountered during the operation of the railway , and
2.
To investigate dangerous events in railway operations.
(2) The railway supervisory authorities may be able to To carry out its duties with respect to those required by the provisions referred to in paragraph 5 (1) of this Regulation to take the measures necessary for the elimination of established infringements and for the prevention of future infringements of the provisions of Article 5 (1) of this Regulation. shall be required.(3) The competent supervisory authority in accordance with Article 5 (1c) shall have only the powers referred to in paragraph 2, paragraph 4 (2), (4) and (5) to the rail transport undertakings. It shall inform the supervisory authority of any complaints and measures taken pursuant to Article 5 (1a), (1b) and (2) otherwise competent for the railway transport undertaking.(4) The persons referred to in paragraph 2 and the persons working for them must allow the railway supervisory authorities and their agents to carry out the supervision of the railway system, style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Land, business premises, and operating assets within the usual business and working hours enter,
2.
to enter railway vehicles and to travel free of charge and without a ticket,
3.
Books, business documents, documents, in particular documents relating to the obligations of the railways in accordance with § § 4, 12 and 14,
4.
Articles and records of driving history, train reports and faults to investigate dangerous events in official custody.
(5) The article referred to in paragraph 2 The authorities responsible and the persons working for them shall have all the railway supervisory authorities and their representatives required to carry out the supervision of the railway system. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Grant information,
2.
Provide evidence,
3.
Provide aids and help services.
Information are to be given truthful and to the best of their knowledge. The person responsible for providing information may refuse to answer such questions, the answer to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the criminal prosecution or of a person liable to prosecution. It would suspend proceedings for a lack of regularity.(6) Companies which maintain and maintain domestic and national rail and safety and safety systems are obliged to comply with the competent supervisory authorities referred to in Article 5 (1a), (1b), (1e), (1f) and (2) and their agents. To permit the implementation of railway supervision, to examine railway vehicles and operational and safety systems within the usual business and working hours. They must provide the necessary tools and provide assistance services. If the maintenance is carried out abroad, the railways shall allow the supervisory authorities to check in accordance with the first sentence.(7) The provisions of the Administrative Procedure Act concerning the investigation of the facts in the administrative procedure shall apply mutatis merly to the investigation of dangerous events in the railway operation. The authorities responsible for the investigation of dangerous events in the railway sector shall have the power to impose an insurance on the oath instead of. Witnesses and experts are obliged to testify or to reimburse an expert opinion; the third sentence of paragraph 5 and section 65 (1) sentence 2 of the Administrative Procedure Act shall apply accordingly.(8) In the performance of its tasks referred to in paragraph 1, the railway supervisory authorities competent in accordance with Article 5 (1a) shall also be responsible for dealing with complaints concerning a suspected breach of a railway or a tour operator, or Ticket vendor within the meaning of Article 3 (6) or (7) of Regulation (EC) No 1371/2007, against the provisions of this Regulation or of a legal regulation adopted pursuant to Article 26 (1) (1) (1a) of the Regulation. The responsibility for complaints about breaches of the law of a tour operator or ticket vendor is determined by the responsibility for the railway, the tickets of which are sold by the tour operator or ticket vendor. In so far as the Federal Railway Authority is not itself the competent railway supervisory authority, it shall forward a complaint to the competent railway authority without delay.(8a) The railway supervisory authority may designate natural or legal persons of private law to participate in the performance of the tasks.(9) The railway supervisory authorities may enforce their orders in accordance with the rules applicable to the enforcement of administrative measures. The amount of the penalty shall be up to € 500 000. Unofficial table of contents

§ 6 Approval and approval of the permit

(1) No one shall be allowed to
1.
providing rail transport services,
2.
as holders of railway vehicles self-employed at railway operation or
3.
rail tracks, Operate control and backup systems or platforms.
No approval is required
1.
non-public rail transport companies that only provide rail transport services in freight transport and use only railway infrastructure that does not public transport,
2.
Holes of railway vehicles that use only railway infrastructures that are not in public transport
3.
Non-public railway infrastructure company,
4.
public Railway infrastructure undertakings for the operation of service facilities, including rail and control and security systems, in service facilities and for services connected with access to service facilities; Record 1 No. 3 remains unaffected.
(2) The approval is granted on request when
1.
Applicants as entrepreneurs and the persons appointed for the management of the business are reliable,
2.
the applicant as an entrepre financially capable ,
3.
the applicant as an entrepreer or the persons appointed to manage the transactions shall have the necessary technical knowledge
and thus the guarantee for provide safe operation. The same applies to an applicant as a holder of railway vehicles in so far as it concerns self-employed participation in the railway operation and for the persons appointed by the latter to the extent that they are responsible for managing the operations.(3) The approval is granted only
1.
Rail transport companies for the production of Rail transport services for the carriage of passengers or goods,
2.
Haltern of railway vehicles for the self-employed participation in the Railway operation,
3.
Railway infrastructure companies for operating a specific railway infrastructure.
(4) Valid approvals for public Railway undertakings which already provide railway services or operate a railway infrastructure upon the entry into force of this Act shall continue to apply in so far as they meet the content of the requirements of this Act. In addition, these railways must be authorised on request without the conditions set out in paragraph 2 being examined. Sentence 2 shall apply only if the authorisation is requested within one year of the entry into force of this law.(5) Applicants may be any company established in the Federal Republic of Germany.(6) The period of validity of the permit is generally to be applied to
1.
Rail transport undertakings no more than 15 years,
2.
railway infrastructure companies no more than 50 years
.(7) The approval authorities shall inform each other of the granting, modification or revocation of authorisations.(8) Those who, under the law of another Member State, of the European Union or of a Member State of the Agreement of 2. The European Economic Area for the activities referred to in the first sentence of 1 or 2 of the first sentence of paragraph 1, shall not be authorised domestily pursuant to paragraph 1 of this Article.(9) Railways which are in accordance with the law of a State other than a Member of the European Union or of the Agreement of 2. The European Economic Area (EEA), which is authorised for railway transport, shall not be subject to the authorisation referred to in paragraph 1 for the provision of railway services in the territory of the country, provided that it has been agreed between the Member States.(10) The railways and holders of railway vehicles covered by paragraphs 8 and 9 must prove their admission to the Federal Railway Authority before taking up traffic on the territory of the Federal Republic of Germany. § 14 shall remain unaffected. Unofficial table of contents

§ 7 Revocation of approval

(1) The approval authority has to revoke the approval if one of the requirements is met. § 6 para. 2 no longer exists. If it is to be expected that the restoration of the conditions of § 6 para. 2 is possible in a reasonable period of time, the approval authority may set a corresponding deadline for recovery. If the time limit is unsuccessful, the authorisation shall be revoked unless the Authority extends the period.(2) At the request of the approval authority, the railway has to prove that the obligations of employment law, social law or tax law which are legally required are fulfilled. The financial authorities may notify the approval authorities of the repeated failure to comply with the tax obligations or the delivery of the property information in accordance with § 284 of the tax code. The communication from the financial authorities may only be used for the purpose of a withdrawal procedure.(3) (omitted) Unofficial table of contents

§ 7a Safety certificate and national certificate for rail transport companies

(1) None Subject to the provisions of paragraph 4, railway undertakings shall not participate in the regular-track public railway operation. The first sentence shall not apply to regional railways which only operate domestily.(2) The safety certificate shall be issued on a written request for the rail networks or railway lines of public railway infrastructure undertakings in respect of railway services as defined by type and size of the railway system; if the railway undertaking provides evidence that it is
1.
a safety management system , which meets at least the requirements of Article 9 (2) and (3) of Directive 2004 /49/EC, unless additional requirements arise from a legal regulation pursuant to Article 26 (1) (14), and
2.
the special requirements for the safe traffic operation for personnel and vehicles on the rail network or the individual rail routes are fulfilled.
(3) The By way of derogation from paragraph 2, proof of compliance with the requirements referred to in point 1 of paragraph 2 shall not be required for railway undertakings which are
1.
have ordered a railway operating manager whose order has been confirmed by the responsible railway inspectorate, and
2.
do not provide international rail services.
(4) Insofar as a rail transport company intends to participate in the public railway operation, already has a safety certificate issued in another Member State of the European Union in accordance with Article 10 of Directive 2004 /49/EC for similar railway services, it may only be accompanied by an additional national certificate at the public railway operation. This certificate shall be issued at the request of the rail networks in question or the rail infrastructure of public railway infrastructure undertakings at
1.
Template of a presentation of the rail transport company's security management system,
2.
Template the certificate issued in accordance with Article 10 (2) (a) of Directive 2004 /49/EC and
3.
Proof that the railway undertaking has the special Requirements for safe operation on the relevant rail network or on the rail routes in question.
(5) Insofar as a non-national railway undertaking with domials domestiled a safety certificate , the decision shall be taken after hearing the competent authority of the country responsible for the authorisation in accordance with Section 6.6. The safety authority shall decide on an application for a safety certificate or national certificate referred to in paragraph 4 without delay, but no later than four months after the submission of the documents required for the decision. If, before the expiry of the period, the competent authority finds deficiencies in the documents submitted, it shall have the opportunity of eliminating the applicant. Where the Authority gives the applicant the opportunity to remedy any shortcomings in the documents submitted, the time limit set out in the first sentence shall be inhibited until such time as the deficiencies are rectified.(7) The safety certificate referred to in paragraph 1 and the national certificate referred to in paragraph 4 shall apply for five years, subject to the third sentence. To the extent that their renewal is requested no later than six months before the expiry of the period of validity, the respective certificate shall be deemed to have been granted until the decision on the renewal request has been indisputable. The validity of a national certificate referred to in paragraph 4 shall end in each case at the end of the validity of the certificate referred to in the first sentence of paragraph 4 issued by the safety authority of the other Member State.(8) The holder of the safety certificate referred to in paragraph 1 or the national certificate referred to in paragraph 4 shall ensure that the conditions laid down for the issue of the certificate remain fulfilled, even after that. Non-official table of contents

§ 7b Changes, withdrawal and revocation of the safety certificate and national certificate

(1) In case of the railway undertaking shall, without delay, amend the safety certificate or national certificate issued by the railway undertaking in order to make significant changes to the conditions on which a certificate has been issued in accordance with Article 7a (1) or (4). to be applied for.(2) A certificate in accordance with Section 7a (1) or (4) may be amended or revoked in whole or in part in the event of substantial changes to the operational safety legislation.(3) A certificate pursuant to section 7a (1) or (4) may be revoked in whole or in part, in so far as the conditions contained in it are not fulfilled or if the certificate is not used in the prescribed manner. The first sentence shall also apply if a certificate is not used before the end of a year following its exhibition.(4) Moreover, the administrative procedural rules on the lifting of administrative acts remain unaffected. Unofficial table of contents

§ 7c Security Approval

(1) Without a security permit, railway infrastructure companies are not allowed to use a regular track. Public railway infrastructure, with the exception of service facilities or regional transport networks which do not have a connection to another country.(2) The safety authorisation shall be granted on request for certain rail networks or rail routes, if the applicant provides evidence that he or she has
1.
a security management system that meets at least the requirements of Article 9 (2) and (3) of Directive 2004 /49/EC, provided that it does not comply with Pursuant to Article 26 (1) (14) of the Law on the Rights of the Law of the European Union, the provisions of the law shall provide additional requirements, and
2.
the special requirements for a secure design, a safe operation of the railway lines, including the control and security systems.
(3) The holder of the safety authorisation shall ensure that the conditions laid down for the granting of the safety authorisation have been fulfilled, even after that.(4) § 7a (3) and (5) to (7) as well as § 7b shall apply accordingly. unofficial table of contents

§ 7d recognitions

Who
1.
facilities , in which the driving and train crew or other railway personnel responsible for safety-related tasks carry out the necessary technical knowledge of vehicles or of routes which are only subject to a safety authorisation the necessary knowledge of the operating rules and operating procedures, including signalling, control and control of trains, as well as the emergency procedures applicable to the routes in question
2.
Auditing for the driving licence or certificate,
3.
as a doctor or psychologist, perform digestation tests for the granting, suspension or withdrawal of the driver's licence, or perform under his supervision ,
shall be subject to recognition by the competent authority in accordance with a regulation pursuant to Article 26 (1) (1) (4), (5) and (16) of the Regulation. The first sentence shall not apply to railway undertakings operating in accordance with the first sentence of the first sentence of the first sentence if they have been issued a safety certificate or a safety authorisation or if they have appointed a railway manager whose order has been placed has been confirmed by the competent railway authority. Non-official table of contents

§ 7e Access to training opportunities

(1) Rail infrastructure companies are obligated to use the driving and Accompanying staff of the railway undertakings shall have the necessary knowledge of the route and the necessary knowledge of the operating rules and operating procedures, including signalling, control and control of trains, as well as of the , where training is not provided by third parties, the emergency procedures applicable to such routes shall be provided by training.(2) Anyone who carries out training within the meaning of paragraph 1 shall be obliged to
1.
railway undertakings, who wish to apply for a safety certificate, to grant non-discriminatory access to their training facilities and to issue certificates of training, to the extent that such training is necessary for the fulfilment of requirements relating to: To obtain the safety certificate,
2.
Railway infrastructure companies shall have non-discriminatory access to their training facilities. ;
3.
To provide train drivers and trainees with non-discriminatory access to their training facilities, provided that such training is provided in the training facilities , which is required to issue the driving licence or issue of the certificate.
(3) An appropriate fee may be required for the training.(4) Rail transport undertakings are obliged to certify their current and former employees, on request, with the qualifications, experience and participation they have acquired there. Non-official table of contents

§ 7f establishment of the holding

(1) A railway that does not require a safety certificate or a safety certificate is required for
1.
recording of the operation,
2.
the extension of the operation of a railway infrastructure to a route not immediately adjacent to an already operated route,
the permission of the Supervisory authority. Permission shall be granted if the requirements for railways are fulfilled in accordance with this Act and the legal regulations based on them.(2) The licence shall be deemed to have been granted if the railway does not have a decision of the supervisory authority deviating from the application within six weeks of the receipt of its application. The applicant shall be immediately informed of the receipt of the application in writing.(3) Essential changes to the railway operations approved in accordance with paragraph 1 which affect operational safety shall be notified to the competent railway supervisory authority 14 days before the start of operation. Non-official table of contents

§ 7g certificates of maintenance

(1) Who is the body responsible for the maintenance of freight wagons , a maintenance certificate must be issued. The first sentence shall not apply to the maintenance of freight wagons which are only
1.
on non-public or non-track railway infrastructure or
2.
for historical or tourist purposes
.The safety authority shall issue the maintenance services certificate upon request if the applicant proves that he has set up a maintenance system which shall at least meet the requirements laid down in Article 4 of Regulation (EU) No 445/2011 , unless additional requirements arise from a legal regulation pursuant to Article 26 (1), first sentence, point 19.The safety authority shall, on request, exempt the competent authorities for the maintenance of goods wagons which are used exclusively as military equipment for up to five years from the requirement of a maintenance service certificate in accordance with the first sentence of paragraph 1. The exemption shall be subject to exceptions to the registration of these vehicles, in so far as it concerns the identification and certification of the bodies responsible for the maintenance of freight wagons. § 4a shall remain unaffected with the exception of paragraph 3 of this Article.(3) A certificate of maintenance functions may request who, in accordance with Article 4 (1) (b) to (d) of Regulation (EU) No 445/2011, intends to carry out the following functions or parts thereof:
1.
the maintenance development function,
2.
the fleet maintenance management feature or
3.
the
theauthority shall, on request, issue the certificate provided for in the first sentence if the applicant proves that he meets the conditions laid down in Annex I to Regulation (EU) No 445/2011.(4) Anyone who has received a certificate in accordance with paragraph 1 or 3 from a competent certification body in a Member State of the European Union shall not require a further certificate in the Federal Republic of Germany. The same applies to certificates issued under Article 15 ATMF-Annex G to the Convention of 9. May 1980 on International Carriage by Rail-COTIF-(BGBl. 130), as amended by the Protocol of 3. The amendment to the Convention of 9 June 1999 May 1980 on International Carriage by Rail-COTIF-(BGBl. 2002 II p. 2140). Non-official table of contents

§ 7h Fees and outlays

(1) For individually attributable public services of the Federal Railway Agency, the Notified bodies, persons and bodies recognised in accordance with § 7d, and the regulatory authority under this Act, the Federal Railway Traffic Management Act, the Rail Freight Transport Network Assistance Act or under those laws. , fees and levies are levied. The rates shall be calculated in such a way as to cover the personnel and material costs associated with the public services which are individually attributable to the public. In the case of individual public services which are eligible for individual benefits, it is also possible to take due account of the importance, economic value or other benefits for the fee debtor.(2) In the case of the use of administrative helpers in accordance with Article 5a (8a), the applicant shall be notified in advance of the estimated amount of the fees and charges. He or she shall be given the opportunity to withdraw or restrict his application. Non-official table of contents

§ 8 Management of the railways

(1) Public railways must be managed, managed and managed by the management and administration as well as with regard to administrative and economic control and the internal accounting of state and local authorities. Their economic plan and accounting are to be separated from the budgets of state or local authorities.(2) Paragraph 1 shall not apply to
1.
Railway undertakings which are not members of the Confederation and whose Activity is limited to rail passenger transport only,
2.
Rail infrastructure companies that do not belong to the Confederation.
(3) Operator of the Rail routes, which are not federal railways, must have their own management, management, administration and accounting, in so far as the allocation of train paths and the infrastructure charges are concerned. Unofficial Table Of Contents

§ 9 Separate Accounting, Organizational Separation, Independent Decisions

(1) Public Railways,
1.
which are both rail transport and rail infrastructure companies,
2.
a)
the only Railway undertakings are, and through a parent undertaking with a railway infrastructure company, the public railway, or
b)
which are only Railway infrastructure companies are and are connected through a parent company with a railway undertaking which is a public railway, or
3.
the parent or subsidiary rail infrastructure companies are in relation to a railway infrastructure or rail transport company, the public railway,
, even if they are not operated in the legal form of a capital company, have an annual financial statements and a management report in accordance with the provisions of the second To draw up, examine and disclose the section of the Third Book of the Commercial Code. § 264 (3) and (4) and section 264b of the Commercial Code shall not apply to the railway undertakings referred to in the first sentence of this Regulation.(1a) Public railways referred to in the first sentence of paragraph 1, first sentence, shall separate both areas in their accounts, which shall include separate accounts for the provision of transport services and the operation of the railway infrastructure. For each area referred to in the first sentence and for an area outside those areas, they shall have an additional balance sheet and profit and loss account, to be set up in accordance with the principles of trade law, in the notes to their annual accounts. in the EU. Insofar as a direct allocation to the individual areas is not possible or would be associated with an unjustifiable effort, the allocation shall be effected by key account of the accounts, which must be appropriate and comprehensible to third parties. The Annex to the annual accounts shall specify the rules by which the assets and liabilities, as well as the expenses and income shown, shall be assigned to the accounts in accordance with the first sentence. Amendments to these rules in exceptional cases shall be explained and justified.(1b) Public funds in favour of one of the two areas of activity referred to in the first sentence of paragraph 1a may not be transferred to the other. This prohibition must also be reflected in the accounting of the two areas of activity. This shall also apply to undertakings referred to in the first sentence of paragraph 1 (2) and (3).(1c) Both areas of activity referred to in the first sentence of paragraph 1a must be carried out in undertakings, in accordance with the first sentence of paragraph 1, first sentence 1, in separate organisational units. Decisions on access to the railway infrastructure and the remuneration to be paid are to be taken by the business unit operating the railway infrastructure. § 9a shall remain unaffected.(1d) In the case of public railway undertakings providing both passenger and freight transport services, paragraph 1a shall apply mutaly with the proviso that separate accounts and one in the Annex to this Regulation shall apply. Annual accounts to be drawn up in a separate balance sheet and profit and loss account only for the rail freight sector and an asset statement can also be used to replace this balance sheet. Public funds for public transport services are to be dismissed separately in the corresponding accounts and may not be transferred to areas of activity other than transport services or other transactions .(1e) The competent licensing authority may authorise exemptions from paragraphs 1, 1a, 1c and 1d if the railway infrastructure operated by the railway infrastructure company is of such low importance, after the length of the track and the operating performance, that a No impairment of competition is to be expected. The first sentence shall apply to other railway infrastructure facilities.(2) (omitted) (3) As long as and as long as a public railway undertaking provides railway services both in areas where public service obligations may be imposed or agreed upon, and in other areas shall be subject to the requirements of Article 1 (5). 2 (a) and (b) of Regulation (EEC) No 1191/69 of the Council, as referred to in Article 5 (3) (2). A separate bill is also required in the areas where public service obligations may be imposed or agreed. At least this invoice must comply with the requirements for a cost-revenue invoice and an inventory in accordance with Section 240 of the Commercial Code. The accounts must cover the same period as the annual accounts. In addition, paragraph 1b shall apply accordingly. Non-official table of contents

§ 9a Independence of the public operator of the rail routes

(1) Public operators of the rail routes must be legally, organizationally and in their decisions independently of railway undertakings, in so far as it concerns decisions on the allocation of train paths and on the charging of infrastructure. In order to achieve the objectives set out in the first sentence,
1.
is made up of railways, both of which are: Railway undertakings as well as railway operators are to be divided into one or more separate companies each;
2.
Contracts of the railway operator with third parties in such a way that its organisational independence is ensured;
3.
Decisions on the network timetable, which the other allocation of train paths and the decisions on the charging of infrastructure only by the staff of the railway operator, which does not have any functions in railway undertakings or related undertakings; ;
4.
The instructions of third parties to the operator of the railway infrastructure or to its staff in relation to decisions on the network timetable, the other allocation of To create a train path and the decisions on the infrastructure charges;
5.
to create in companies according to § 9 para. 1 sentence 1 no. 2 and 3 company internal regulations, to maintain and publish the influence of third parties outside the railway operator's operators on decisions on the network timetable, the other allocation of train paths and decisions on infrastructure charges , in particular to define the specific obligations of staff to prevent such interference; and, at the request of the competent supervisory authority, operators of the railway infrastructure shall also be required to: to designate representatives to monitor compliance with the rules and to submit annually a report on the problems encountered and the measures taken by the competent supervisory authority;
6.
in companies according to § 9 para. 1 sentence 1 no. 2 and 3 the supervisory boards are to be filled separately; for this purpose the supervisory board of the operator of the railway lines shall not be allowed members of the supervisory boards by undertakings in accordance with Article 9 (1), first sentence, no. 2 and 3, and their family members; this also applies to other holdings of the parent undertaking.
(2) Contracts for a public operator of the rail routes shall be subject to the obligations of In the event of a breach of paragraph 1, they shall be up to 1 to adapt or terminate these commitments in November 2005. If provisions in contracts of a public operator of the railway lines do not comply with the requirements of 1. The competent supervisory authority shall prohibit the obligations referred to in paragraph 1 of this Article with immediate effect from the date of November 2005.(3) Paragraphs 1 and 2 shall not apply to public operators of the railway lines, provided that they are exclusively
1.
Do not use other rail networks to operate local and regional rail networks for rail transport services on passenger transport,
2.
operate certain networks or
3.
Regional rail networks operated by a rail transport company whose activity is limited to urban, suburban or regional transport, exclusively for regional rail transport companies.
() If the allocation of train paths is requested on a network referred to in paragraph 3 (3), paragraphs 1 and 2 shall apply in so far as contracts within the meaning of paragraph 2 shall be applied at the latest six months after the date of the To adjust the application.(5) The competent licensing authority may authorise exemptions from paragraphs 1, 2 and 4 if a public operator of the railway lines operates railway lines which are of such minor importance as to the length of the track and the operating performance that a No impairment of competition is to be expected.(6) The organic liability of the members of the parent company's organs for operations in areas to which those members are not allowed to exercise any influence under this law and have in fact not exercised any influence shall be excluded. Non-official table of contents

§ 9b Tax regulations

Legal processes in the sense of the Basic Advertising Tax Act, which are based on the implementation of § § § § § § § § § § § § § § § § 8 to 9a of this law, are exempt from the basic value tax. Non-official table of contents

§ 10 Transport duty

Public rail transport companies that are used for passenger transport are to be transported of persons and luggage, if
1.
complies with the conditions of carriage ,
2.
is possible to transport with the regularly used means of transport and
3.
The promotion is not prevented by circumstances that the rail transport company could not avert and which it could not help.
Non-official Table of Contents

§ 11 Subversion and decommissioning of railway infrastructure facilities

(1) Intends to be a public Railway infrastructure undertakings the permanent cessation of the operation of a route, a railway station which is important for the operation of the railway or the more than a slight reduction in the capacity of a route, it shall have this in the case of the competent authority responsible for the operation of the railway infrastructure. Supervisory authority. In doing so, it must be stated that the operation of the infrastructure facility can no longer be attributed to it and that negotiations with third parties, which offer an offer for the acquisition of the infrastructure facility by selling or leasing the infrastructure in this area, are not to be expected. normal conditions have been made, have not been successful. In the case of takeover bids to third parties, advance payments must be taken into account appropriately.(1a) Public railway infrastructure undertakings shall have their intention, as referred to in the first sentence of paragraph 1, either
1.
in the Publish the Federal Gazette or
2.
to publish on the Internet and make the address known in the Federal Gazette.
The notice is for the economic assessment of this infrastructure. After publication, third parties may request the public railway infrastructure company to submit an offer within a period of three months. The offer shall take due account of the determination of the land and infrastructure to be delivered for railway purposes and their yield value in the price formation process. In the calculation of the lease interest, the yield value must be taken into account. The offer must include the connection to the adjacent rail infrastructure.(2) The competent supervisory authority shall decide on the application in the light of traffic and economic criteria within a period of three months. In the area of the federal railways, the Federal Railway Authority decides in consultation with the competent authority of the federal state. Until the decision is made, the company has maintained the operation of the rail infrastructure.(3) The authorisation shall be deemed to have been granted if the competent supervisory authority has not decided within the time limit laid down in paragraph 2. If it does not approve the authorization in accordance with paragraph 2, it shall replace the railway infrastructure undertaking with the costs arising from the failure, including the cost of the calculation; the payment obligation shall be taken by the country where: The reasons for the rejection made by the State authority in the context of the Benehmens were decisive.(4) The conditions set out in the second sentence of paragraph 1 shall not be met, the authorisation shall be refused.(5) A failure in accordance with paragraph 2 shall be possible only for a period of one year, after which the approval shall be deemed to have been granted. Non-official table of contents

§ 12 fares

(1) fares are transport rates and conditions of carriage of railway undertakings. The conditions of carriage shall also cover the conditions of pay. Railway undertakings shall be obliged to take part in order to ensure that
1.
for the transport of Persons and goods that extend to several adjoining public transport railways, a direct handling is established,
2.
in (
)
rail transport undertakings are obliged to draw up tariffs in the rail passenger transport system, which shall include all the information required for the calculation of the remuneration for the carriage of goods. of persons and by-services in the carriage of persons, and all other provisions governing the carriage of passengers. Tariffs as set out in the first sentence must be applied to everyone in the same way.(3) Without prior authorisation of the conditions of carriage in the rail passenger transport sector, rail transport services within the meaning of Section 3 (1) (1) may not be provided. To the extent that, in the proposed change to the conditions of carriage for the benefit of the passenger, the provisions of the railway transport system or of agreements and conditions laid down in Council Regulation (EEC) No 1191/69 are to be dismissed, the the request should be made special. The authorisation of the conditions of carriage shall not affect the rights and obligations of a railway undertaking pursuant to an agreement or imposition in accordance with Council Regulation (EEC) No 1191/69 as compared with that provided for in this Regulation competent authority. The collective bargaining agreement lies with the Federal Government, in so far as it concerns the conditions of carriage of a railway by the Federal Government for its long-distance rail passenger transport, and in the case of the other countries.(4) A required approval is considered to be granted,
1.
if the rail transport company does not within two weeks of receipt of his application, a statement by the approval authority showing a test period as referred to in paragraph 2,
2.
if: the railway undertaking shall not be subject to a decision of the approval authority which deviates from the application within six weeks of receipt of its application.
(5) The approval authority may, in the cases referred to in Article 1 (5) and (6), be subject to the following conditions: Council Regulation (EEC) No 1191/69, subject to the conditions laid down in that Regulation, to refuse authorisation or to require the modification of tariffs. The approval of conditions of carriage may also be denied if it is subject to the applicable law, in particular with the principles of commercial law and the rules on the design of legal business obligations by General terms and conditions, are not in line.(6) The tariffs referred to in paragraph 2 and the conditions of carriage referred to in the first sentence of paragraph 3 shall be made known in the tariff and traffic indicator or in another publication body which has been previously indicated to the approval authority. Increases in transport charges or other changes to the conditions of carriage which are detrimental to the customer shall take effect at the earliest one month after the contract notice, unless the approval authority has an abbreviation of the notice period. . The approval of the conditions of carriage must be clear from the notice.(7) Agreements between railway undertakings and agreements between railway undertakings and other undertakings concerned with the transport of persons, and decisions and recommendations of associations thereof, Companies do not apply to § 1 of the law against restrictions on competition, in so far as they are in the interests of sufficient service of the population with transport services in public transport and an economic transport design and the integration of local transport services, in particular by means of transport cooperation, by means of coordination and the interconnection of transport charges, and by the coordination of the timetables. They shall have to be notified to the approval authority for their effectiveness. In the case of associations of undertakings which conclude agreements, decisions and recommendations within the meaning of the first sentence, Section 19 (1) shall apply in accordance with the provisions of paragraph 2 (1) of the Act against restrictions on competition. A cartel authority which has such agreements, decisions or recommendations shall be notified in consultation with the competent licensing authority.(8) Rail transport undertakings shall be informed of any non-discriminatory access by all providers in their schedules information media to all providers. Non-official table of contents

§ 13 Connection to other railroads

(1) Each railway has adjacent railroads in the Federal Republic of Germany To allow Germany to connect to its railway infrastructure at a low cost, and to meet the conditions and costs. In addition, § 14 applies.(2) In the event of non-agreement on the conditions of the connection as well as on the appropriateness of the costs, if a railway of the Federation is involved, the Federal Railway Authority, in the other cases the competent national authority. Non-official table of contents

§ 14 Access to the railway infrastructure

(1) Railway infrastructure companies are obliged to provide non-discriminatory access to the railway infrastructure. Use of the railway infrastructure operated by them and the non-discriminatory provision of the services offered by them in the scope determined by means of a legal regulation issued pursuant to Article 26 (1) (6), (7) and (4) (1). , It shall take due account of the traffic clocked or tied up in the network. In addition, rail operators shall be required, in accordance with this Regulation, to provide a minimum level of services and to provide the rail routes they operate, as well as the control and security systems for use. The provisions of sentences 1 to 3 shall not apply to railway infrastructures which are operated solely for the purpose of their own carriage of goods, provided that it is not for rail access to railway services in terminals and ports, the more as an end user. In the case of local and regional rail networks which are not linked to other rail routes and which are operated for rail transport services in passenger transport, the competent licensing authority may, at the request of the competent licensing authority, exempt from all the provisions of the Pursuant to Article 26 (1) (6), (7) and (7) (4) (1) of the Law on Legal Affairs, the reason for the restriction of competition is not to be expected. The authorisation shall be issued if access is requested. The request for access shall be notified to the competent approval authority by the operator of the railway lines.(2) Access rights are
1.
Inland-based railway companies,
2.
Domestic businesses that want to have goods transported by a rail transport company,
3.
the places mentioned in § 1 para. 2 of the Regionalization Act,
4.
the above mentioned in § 15 para. 1 Authorities.
(3) Paragraph 2 shall apply as appropriate to
1.
Rail transport undertakings, which shall be referred to in Article (2) Council Directive 91 /440/EEC of 29 June 1991. 1 July 1991 on the development of the Community's railways (OJ L 327, 31.12.1991 EC No 25), as last amended by Directive 2007 /58/EC of the European Parliament and of the Council of 23 June 2007 on the 1 October 2007 (OJ C 327, EU No 44), for the provision of transport services in the international passenger transport sector;
2.
Rail transport undertakings, which are: are covered by Article 2 of Directive 91 /440/EEC, for the provision of transport services in the carriage of goods;
3.
Rail transport undertakings on the basis of
() In the case of international passenger transport, the railway undertakings shall have the rights referred to in paragraph 1, in particular the right to passengers at any railway stations in the territory of the Federal Republic of Germany. Germany to accept or depart from Germany.(4) In accordance with a regulation adopted pursuant to Article 26 (1) (6) and (7), operators of rail routes have to pay their fees in such a way as to ensure that the total amount of the charges for the provision of the compulsory benefits within the meaning of the first sentence of paragraph 1 is 1 the costs incurred plus a return on the market can be compensated. In doing so, they may levy surcharges on the costs directly incurred as a result of the operation of the train, with both, depending on the transport services, long-distance rail passenger transport, rail passenger transport or rail freight transport as well as Market segments within these transport services can be differentiated and competitiveness, in particular the cross-border rail freight transport, can be guaranteed. However, in the case of the second sentence, the level of the charges may not exceed the costs directly incurred as a result of the operation of the train, plus a return on the market which may be obtained. In the regulation according to § 26 (1) (6) and (7)
1.
, exceptions can be made from the fee-based measurement according to The competent supervisory authority may be empowered to act in consultation with the competent supervisory authority, if the costs are otherwise covered, or
2.
the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (regulatory authority) to exempt all railway operators in general from compliance with the requirements set out in the first sentence.
(5) Railway infrastructure undertakings shall have to pay their charges for access to service facilities, including their services, in such a way as to ensure that the competitive opportunities of the access authorities are not abusive. . In particular, an abusive impairment occurs when
1.
charges are required, which the costs incurred for the provision of the services referred to in the first sentence are not adequately exceeded, or
2.
advantages over individual access other persons entitled to access, provided that there is no objectively justified reason to do so.
(6) Details of access, in particular with regard to the point of time and duration of use, as well as to the Remuneration and other conditions of use, including provisions on operational safety, shall be laid down between the persons entitled to access and the railway infrastructure undertakings, in accordance with the provisions of the Regulation referred to in paragraph 1 agree.(7) The rules laid down in paragraph 5 shall not apply to maintenance equipment in accordance with Article 2 (3c) (7).(8) The regulatory authority shall, taking into account the principles of competition law, establish the relevant and relevant geographic markets for maintenance facilities and shall examine whether conditions have developed in the established markets which have a effective and undistorted competition. Effective competition shall not be deemed to be effective if, on the established market, a company has a dominant position within the meaning of Section 18 of the Act against restrictions on competition. The regulatory authority shall take the decisions pursuant to sentences 1 and 2 in agreement with the Bundeskartellamt. Section 14b (2) shall remain unaffected. The provisions of sentences 1 and 2 shall be published in the Federal Gazette.(9) In order to prepare the stipulations referred to in paragraph 8, the regulatory authority shall publish a draft with preliminary results in the Bundesanzeiger. A message can be published on the Internet site of the regulatory authority. Any person who has an economic interest in market access shall be given the opportunity to comment on the provisional results within a reasonable period of time to be set by the regulatory authority. The opinions shall be published on the Internet site of the regulatory authority, indicating the name and address of the person in question. On the basis of the draft and the opinions referred to in the fourth sentence, the regulatory authority shall adopt the provisions laid down in paragraph 8.(10) The regulatory authority shall draw up 30. A report for the Federal Government on the question of whether there are conditions on the market for maintenance facilities, which correspond to effective and undistorted competition. The Federal Government shall immediately forward the report of the regulatory authority to the German Bundestag; the Federal Government may attach an opinion to the report. The first report is 30. June 2017.(11) The provisions of paragraphs 7 to 10 shall be as from 1. January 2019 no longer apply. Non-official table of contents

§ 14a Framework contracts

(1) Agreements on the use of train paths for a longer period of time than a The network timetable period shall be concluded in accordance with the terms of the legal regulation referred to in Article 14 (1), first sentence.(2) Any framework contract with a maturity of more than five years shall be subject to the authorisation period by the regulatory authority. Approval is to be granted at run time
1.
up to 10 years in case of evidence of contractual Commitments, special investments or other comparable risks,
2.
up to 15 years, provided that the framework contract for transport services on special routes within the meaning of Article 24 of Directive 2001 /14/EC, in the case of evidence of significant and long-term investments to which the framework contract is based,
3.
of more than 15 years, provided that the framework contract for transport services is to be concluded on special driving routes within the meaning of Article 24 of Directive 2001 /14/EC, in the case of proof large-scale and long-term investments, provided that the investment is accompanied by contractual obligations, including a depreciation plan comprising at least the period covered by the framework contract.
The rates 1 and 2 apply not for framework contracts with persons entitled to access pursuant to section 14 (2) (3) and (4). Non-official table of contents

§ 14b Regulatory authority tasks

(1) The regulatory authority is responsible for ensuring compliance with the rules of railway infrastructure access to rail infrastructure, in particular with regard to
1.
the creation of the network roadmap, this applies in particular to decisions on the allocation of train paths for the network schedule, including the mandatory services,
2.
the other decisions on the assignment of train paths, including the mandatory benefits,
3.
access to service facilities, including related services,
4.
the Conditions of use, rates of pay and charges,
5.
Access authorization for international passenger transport.
(2) The tasks and The responsibilities of the antitrust authorities in accordance with the law against restrictions on competition remain unaffected. The regulatory authority and the railway supervisory authorities, as well as the antitrust authorities and the regulatory authorities in accordance with the Telecommunications Act and the Energy Management Act, shall communicate to each other information relating to the performance of the respective tasks may be of importance. In particular, they shall inform each other of any intended decisions to prohibit the abusive or discriminatory behaviour of railway infrastructure undertakings. They shall give each other an opportunity to comment before the procedure is concluded by the competent authority.(3) The regulatory authority and the Federal Railway Authority shall be obliged to provide other regulatory bodies in the Member States of the European Union with information on their work, their decision-making principles and their decision-making practice. the objective of contributing to the coordination of the principles of decision-making throughout the Union.(4) The regulatory authority shall draw up a report on its activities as well as on the situation and development on its field of responsibility for the Federal Government for each timetable period. The Federal Government shall immediately forward the report of the regulatory authority to the German Bundestag; it may attach an opinion to the report. Non-official table of contents

§ 14c General powers of the regulatory authority

(1) The regulatory authority may, in the performance of its tasks, in relation to public railway infrastructure undertakings, the measures to be taken in order to eliminate infringements identified and to prevent future infringements of the rules of railway law relating to access to railway infrastructure are required.(2) The persons entitled to access, the public railway infrastructure undertakings and the persons working for them must allow the regulatory authority and its authorised representative to carry out its tasks, style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
entering business premises and operating assets within the usual business and working hours and
2.
Books, business papers, files, and other documents, and available on appropriate media.
(3) Persons entitled to access, the public railway infrastructure undertakings and the persons working for them shall have all necessary to carry out their tasks to the regulatory authority and to their agents. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Grant information,
2.
To provide evidence,
3.
Provide aids and help services.
This also applies in relation to ongoing or completed negotiations on the amount of road and other charges. The information shall be given truthfully and to the best of its knowledge. The person responsible for providing information may refuse to answer such questions, the answer to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the criminal prosecution or of a person liable to prosecution. It would suspend proceedings for a lack of regularity.(4) The regulatory authority may enforce its orders under this Act in accordance with the rules applicable to the enforcement of administrative measures. The amount of the coercive money is up to 500,000 euros. Non-official table of contents

§ 14d Special notification obligations of the public rail infrastructure companies

The public Railway infrastructure undertakings shall inform the regulatory authority of
1.
the proposed decision on the allocation of train paths for the network timetable, including compulsory services, if applications are to be rejected,
2.
intended decision on the allocation of train paths, including compulsory services, outside the drawing up of the network timetable, if applications are to be rejected,
3.
the intended decision on access to service facilities, including related services, if applications are to be rejected,
4.
the intended decision on the conclusion of a framework contract,
5.
the intended decision Decision to ask the right of access to offer a fee that is higher than the fee to be paid on the basis of the rail network usage conditions,
6.
the intended recast or change of rail network usage conditions and terms of use for service facilities, including the designated Rates of remuneration and charges.
The decisions to be taken in accordance with the first sentence of the first sentence of the first sentence of 1 to 5 shall be justified. In this connection, operators of the rail routes also have to set out the conformity of their remuneration determination with § 14 (4). Non-official table of contents

§ 14e Preliminary review by the regulatory authority

(1) The regulatory authority may, upon receipt of a notice pursuant to § 14d within
1.
ten working days of the intended decision in accordance with § 14d, first sentence, no. 1, 3, and 5,
2.
a workday of the intended decision in accordance with § 14d sentence 1 no. 2,
3.
four weeks of the intended decision in accordance with § 14d sentence 1 no. 4,
4.
four weeks of the intended recast or amendment according to § 14d sentence 1 no. 6
, in so far as the decisions to be taken do not comply with the provisions of the railway legislation on access to the railway infrastructure.(2) Before the expiry of the
1.
in paragraph 1 (1) to (3), the intended decision may be taken to:
2.
within the period referred to in paragraph 1 (4), the terms and conditions of use of the rail network or the terms and conditions of use of the Service facilities as well as pay principles and the determination of charges do not enter into force.
(3) The regulatory authority shall issue its right of objection to the regulatory authority,
1.
in the case referred to in paragraph 1, no. 1 to 3, in compliance with the regulatory authority's requirements.
2.
in the case referred to in paragraph 1 (4), the terms and conditions of use or terms of use of service facilities, including the (
)
regulatory authority may dispense with a communication in full or in part in advance of a notice pursuant to § 14d. It may limit its renunciation of individual public railway infrastructure companies. This shall apply in particular where an impairment of competition is not to be expected. Unofficial Table Of Contents

§ 14f Regulatory Authority for Night Examinations

(1) The regulatory authority may be a member of the Board of Regulators for
1.
Rail network usage conditions and terms of use for Service facilities,
2.
Regulations on the level or structure of infrastructure charges and other charges
of a railway infrastructure company. The regulatory authority may, with effect for the future,
1.
the railway infrastructure company to the To change the terms and conditions set out in the first sentence of the first sentence of the first sentence or of the rules on the payment of charges pursuant to the first sentence of the first sentence of the first sentence, or to:
2.
Terms and conditions set out in The
of the Regulation shall not be valid in accordance with the provisions of the first sentence of the first sentence of the firstof the first sentence of the first sentence of the first sentence of the first sentence of the second paragraph of the(2) If an agreement on the access in accordance with Section 14 (6) or a framework contract in accordance with Section 14a is not concluded, the decisions of the railway infrastructure company may be reviewed by the regulatory authority on request or on its own. . The right of access, the right of access to the railway infrastructure, may be affected. The application shall be submitted within the time limit within which the offer to conclude agreements pursuant to sentence 1 may be adopted. In particular,
1.
can be checked for the rail network usage conditions and the Terms of use for service facilities,
2.
the allocation process and its result,
3.
the amount or structure of the ways and other charges.
The regulator has to ask the parties to do so, within a reasonable period of time, the two weeks not shall be allowed to supply all necessary information. After the expiry of that period, the regulatory authority shall decide on the application within two months.(3) In the case referred to in paragraph 2, the decision of a railway infrastructure company shall have an adverse effect on the right of the applicant to have access to the railway infrastructure,
1.
commits the regulatory authority to the railway infrastructure company to modify the decision or
2.
the regulatory authority determines the terms of the contract, decides on the validity of the contract, and declares conflicting contracts for ineffective.
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§ 14g Access right in international passenger transport

(1) Who intends to access the railway infrastructure in the To apply for international passenger transport to a railway infrastructure undertaking, a request for a determination of the right of access shall be made in writing to the regulatory authority at least two months before the date on which the application is lodged.(2) Access authorization shall be granted where the main purpose of rail transport services is to transport passengers between railway stations in different Member States. The main purpose is to be found when the majority of passengers are provided between railway stations in different Member States.(3) The regulatory authority shall decide on the application within two months of receipt. The regulatory authority may require the submission of further documents to the extent necessary for the examination of the conditions laid down in paragraph 2. Sentence 1 shall not apply if the regulatory authority is unable to decide on the application on the grounds of incorrect information or on the basis of information which has not been given in due time and it shall do so before the expiry of the period, indicating the request for the determination of the request. Reasons communicated. Non-official table of contents

§ 15 Common economic services

(1) For the imposition or agreement of public service, the Regulation (EEC) No 1191/69 of the Council. For the purposes of this Regulation, the Federal Railways shall be responsible for railways, other than their local rail passenger transport, by the Federal Government, by the authorities of the Länder or by the counties, municipalities or municipalities in accordance with the national law of the Federal Republic of Germany. Community associations.2. The competent authorities which intend to agree to the provision of public services by railway undertakings on the basis of Article 1 (4) and Article 14 of the Regulation referred to in paragraph 1 may: to write these services out. Non-official table of contents

§ 16 Compensation of non-operating expenses

(1) Without prejudice to § 15, the non-federal public railways To compensate for the burdens and disadvantages resulting from the following facts:
1.
expenses for allowances for children's allowance for workers who do not have to bear other transport undertakings,
2.
Expenditure on repaid pensions and pensions provided by: the railways are to be carried under conditions other than those applicable to other transport undertakings,
3.
Expenditure on the maintenance and operation of At the end of the day, the railroad has to be seen in the middle of the year.
1 and 2, the obligation to pay additional benefits under the terms of the first and second sentence shall be 1 November 2007 1. January 2008. To the extent to which such an obligation is due to 31. The obligation to provide compensation under the terms of the first and second sentences of December 2007 shall remain the same as those laid down in the first and second sentences.The compensation referred to in paragraph 1 shall be granted to the country in whose territory the traffic is operated. Where the traffic also extends to the territory of another country, the compensation shall be based on the part of the services provided in the country concerned. The Federal Government shall compensate for the compensation provided for in paragraph 1 (3), in so far as it is concerned with higher-level intersections with federal roads. Non-official table of contents

§ 17 Pre-work

(1) Owners and other users have the right to prepare for planning and Construction of a project or of maintenance measures necessary measurements, soil and groundwater tests, including the temporary affixing of marks and other preliminary work by the institution of the project or to tolerate him or her envoy. For this purpose, work, operating or business premises may only be permitted for this purpose during the respective working hours, business or residence times in the presence of the owner or other authorized person, or a representative, apartments only with the consent of the of the owner of the housing.(2) The intention to carry out such works shall be at least two weeks prior to the owner or other entitled to use, directly or through the usual publication in the municipalities in which the preparatory work is to be carried out, to announce.(3) In the event of a direct financial disadvantage to an owner or other person entitled to use by means of a measure referred to in paragraph 1, the institution of the project shall have the right to pay appropriate compensation in cash. If an agreement is not reached on the compensation for money, the competent authority in accordance with the law of the country shall fix the compensation at the request of the institution of the project or of the person entitled to the compensation. Before the decision, the participants must be heard. Non-official table of contents

§ 18 requirement of plan determination

Operating systems of a railway, including the railway lines, may only be used be built or modified if the plan has been previously identified. When determining the plan, the public and private concerns, including environmental compatibility, which are in contact with the project, must be taken into account in the context of the assessment. § § 72 to 78 of the Administrative Procedure Act shall apply in accordance with the provisions of this Act. Non-official table of contents

§ 18a Hearing procedure

Section 73 of the Administrative Procedure Act applies to the hearing procedure with the following measures:
1.
The Hearing Authority can do without discussion. In the absence of any discussion, the Hearing Authority shall deliver its opinion within six weeks of the end of the application period and together with the other documents referred to in Article 73 (9) of the Administrative Procedure Law of the planning authority.
2.
If a planned plan is to be changed, the discussion within the meaning of section 73 (6) of the The Administrative Procedure Act and the third sentence of Section 9 (1) of the Law on Environmental Impact Assessment.
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§ 18b (omitted)

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§ 18c legal effects of plan determination and planning approval

§ 75 of the Administrative Procedure Act shall apply to the legal effects of the planning and planning approval with the following measures:
1.
If the implementation of the plan does not begin within ten years after the entry of the unascend, it will not enter into force unless it is previously applied at the request of the Carrier of the project extended by the planning authority for a maximum period of five years.
2.
Before the decision referred to in point 1, a hearing limited to the application shall be held. in accordance with the procedures prescribed for the planning or planning approval.
3.
For the delivery and design and the dispute over the The decision on the extension is to apply the provisions on the plan setting decision accordingly.
4.
(omitted)
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§ 18d Plan change before completion of the project

For the planning supplement and the supplementary procedure within the meaning of § 75 Section 1a, second sentence, of the Administrative Procedure Act and for the change of plan before the completion of the project applies to Section 76 of the Administrative Procedure Act, with the proviso that, in the case of Section 76 (1) of the Administrative Procedure Act, a discussion In the sense of Section 73 (6) of the Administrative Procedure Act and Section 9 (1) sentence 3 of the Law on Environmental Impact Assessment. Moreover, the provisions of this law shall apply to the new procedure. Non-official table of contents

§ 18e Legal remedies

(1) § 50 (1) No. 6 of the Administrative Court Rules applies to projects within the meaning of § 18 sentence 1, as far as the projects relate to rail routes, which are due to
1.
the production of the Germans Unit,
2.
the integration of the new Member States into the European Union,
3.
Improvement of the hinterland binding of German seaports,
4.
of its other international reference or
5.
the special feature to eliminate serious traffic bottlenecks
is listed in the asset.(2) The action against a decision to determine a plan or a planning permission for the construction or modification of the operating facilities of the federal railways, for which urgent need is established in accordance with the German Federal Railways Act (Bundesrailwegebaugesetz), does not have a suspensive effect. The request for an order for the postponement action to be taken against a decision to arrest a plan or a planning permission in accordance with § 80 (5) sentence 1 of the Administrative Court order may only be submitted within one month after the date of service of the Planning approval decision or planning permission shall be provided and justified. This is to be pointed out in the right of appeal. Section 58 of the Administrative Court Rules shall apply accordingly.(3) The application pursuant to section 80 (5) sentence 1 in conjunction with paragraph 2 (4) of the Administrative Court order for the restoration of the suspenseable effect of a challenge against a plan-determination decision or a planning permission for the construction or the change of operating systems of the Federal Railways, for which there is an unforeseen need for transport within the meaning of Section 6 of the Federal Railways Construction Act or which do not require inclusion in the demand plan, can only be made within one The decision on the order of immediate enforcement shall be lodged and justified on the basis of the following month. This should be pointed out in the order of immediate enforcement. Section 58 of the Administrative Court Rules shall apply accordingly.(4) In the cases referred to in paragraph 2 or 3, if a facts justify the order or the restoration of the suspenseful effect, the decision of the plan determination decision or the plan approval shall be subject to the following conditions: In accordance with § 80 (5) sentence 1 of the Administrative Court order, the request shall be submitted within one month and shall be justified. The time limit shall begin at the time when the complain becomes aware of the facts.(5) The applicant shall, within a period of six weeks, specify the facts and evidence to be used to justify his action. Section 87b (3) of the Administrative Court of Justice applies accordingly.(6) (omitted) unofficial table of contents

§ 19 Change lock, pre-emption right

(1) From the beginning of the design of the plans in the The plan-setting procedure or the date on which the person concerned is given the opportunity to see the plan (Section 73 (3) of the Administrative Procedure Act) shall be entitled to the areas affected by the plan up to the date of application of the plan. Significant changes in the value of the building or the planned construction measures are not carried out (change barrier). Changes which have been initiated in a legally permissible manner beforehand, maintenance work and the continuation of a previously exercised use will not be affected by this. Inadmissible changes are not taken into account in the arrangement of arrangements and installations (Section 74 (2) of the Administrative Procedure Act) and in the compensation procedure.(2) Dauert shall be entitled to claim compensation for the resulting loss of assets over a period of four years.(3) In the cases referred to in the first sentence of paragraph 1, the institution of the project shall be entitled to a pre-emption right on the areas concerned. unofficial table of contents

§ 20 (omitted)

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§ 21 Premature property statement

(1) Is the immediate start of construction work on offer and refuses the owner or owner, possession of one for the construction or modification of operating facilities of the railway leave the property required by agreement, subject to all compensation claims, the expropriation authority shall have the institution of the project in possession upon request for the determination of the plan or the granting of the planning permission. . The plan-setting decision or the planning permission must be fully enforceable. Further requirements do not need to be met.(2) The expropriation authority shall negotiate orally with the parties concerned at the latest six weeks after the date of receipt of the application for possession of the possession. For this purpose, the applicant and the persons concerned shall be invited. In so doing, the person concerned must be informed of the request for possession of a possession. The charge period shall be three weeks. With the summons, the persons concerned shall be asked to submit any objections to the application before the oral proceedings at the expropriation authority. They should also be pointed out that, even in the case of non-appearance, the application for possession of a possession and other applications to be made in the proceedings may be decided.(3) In so far as the condition of the land is of importance, the expropriation authority shall establish it in a minutes until the beginning of the oral proceedings, or shall have it determined by an expert. A copy of the minutes or the result of the investigation must be sent to the parties concerned.(4) The decision on the possession of a possession shall be notified to the applicant and the person concerned not later than two weeks after the oral proceedings. The transfer of possessions shall take effect in the date referred to by the expropriation authority. This date shall be set at a maximum of two weeks after the date of notification of the pre-possession order to the immediate owner. The owner of the property is removed from the possession of the property and the owner of the project owner. The institution of the project may carry out the construction project, which is referred to in the application for possession of the project, and take the necessary measures.(5) The institution of the project shall provide compensation for the financial disadvantages resulting from the early possession of the project, in so far as the disadvantages are not caused by the interest in the payment of the money for the withdrawal or restriction of the property or any other right. The nature and amount of the compensation shall be determined by the expropriation authority in a decision.(6) If the identified plan or the planning permission is removed, the early possession of the property shall also be lifted and the previous owner regain possession. The institution of the project shall be entitled to compensation for all the special disadvantages resulting from the possession of the project.(7) An appeal against an early possession of the property has no suspensive effect. The request for an order for the postponing effect pursuant to § 80 (5) sentence 1 of the Administrative Court order can only be filed and justified within one month after the notification of the possession-in-order decision has been made. Non-official table of contents

§ 22 Enpropriation

(1) The expropriation is permitted for the purpose of construction and expansion of railway operating facilities. insofar as it is necessary for the execution of a construction project established or approved in accordance with § 18. A further determination of the admissibility of the expropriation does not require.(2) The identified or approved plan shall be based on the expropriation procedure. It is binding on the expropriation authority.(3) If a party has agreed to the transfer or restriction of ownership or any other right in writing, the compensation procedure may be carried out directly.(4) The expropriation laws of the Länder shall also apply. Non-official table of contents

§ 22a Compensation procedure

To the extent that the subcarrier is due to a plan determination decision or to a Planning permission is required to provide compensation in cash and the amount of the compensation does not come to an agreement between the person concerned and the institution of the project, decides at the request of one of the parties involved. National law competent authority; the laws of expropriation of the countries shall apply mutagenicly to the proceedings and to the legal proceedings. Non-official table of contents

§ 23 exemption for railway operation purposes

(1) The responsible planning authority is responsible for the plots of land that are Operating system of a railway, or on which there are operating installations of a railway, at the request of the railway infrastructure company, the owner of the land or the municipality on whose territory the land is located, the Exemption from railway operations, if there is no longer a need for transport, and in the long term it is no longer to be expected to use the infrastructure in the context of the intended purpose.(2) Before the decision referred to in paragraph 1, the planning authority shall have the railway undertakings concerned, the competent authorities of the country planning and regional planning, the competent authorities of the regional planning and regional planning authorities in accordance with Article 1 (2) of the regionalisation law. Municipalities and railway infrastructure undertakings, in so far as their railway infrastructure is connected to the railway infrastructure concerned by the application, must be requested to submit comments in the Federal Gazette by means of a public contract notice. The time limit for delivery of the opinion shall not exceed six months.(3) The decision on exemption shall be granted to the railway infrastructure undertaking, the owner of the land and the municipality on whose territory the property is situated. The competent institutions of regional planning and regional planning must be informed. unofficial table of contents

§ 24

(omitted) unofficial Table of contents

§ 25 Occupation times of jobs

Public railways alone decide at which times jobs for the provision of rail transport services, as well as for the maintenance and for the The operation of the railway infrastructure should be filled according to business needs. The right of co-determination of the works council pursuant to § 87 (1) no. 2 of the German Works Constitution Act concerning the working time arrangements for the employment of employees during the occupation periods defined in accordance with sentence 1 remains unaffected. Non-official table of contents

§ 25a Vehicle registration register

(1) The purpose of the vehicle registration register is to be set out in the second sentence of Article 33 (1). Point (c) of Directive 2008 /57/EC of the European Parliament and of the Council of 17. on the interoperability of the rail system in the Community (OJ L 327, 31.12.2008, p. 1), as last amended by Directive 2011 /18/EU (OJ L 327, 18.12.2011, p. 21), as well as the competent railway supervisory authorities of the countries, have been amended to provide information on railway vehicles which have been authorised to be put into service. This shall include, in particular, information on the conditions of entry into service and operation, as well as on the relevant holder and the body responsible for maintenance.(2) The register may be kept electronically. Information from the register can be obtained via the Internet via the automated call.The railway supervisory authorities and the railway licensing authorities may, without request, transmit information, including personal data, to the competent authority referred to in Article 5 (1e) to the extent necessary for the management of the register. is required. unofficial table of contents

§ 25b (omitted)

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§ 26 Legal Regulations

(1) In order to ensure security and order in the railway system, environmental protection or the protection of the life and health of workers, the Federal Ministry of Transport and Tourism will be responsible for the protection of workers ' health and safety. digital infrastructure authorized to enact legal regulations with the approval of the Federal Council for Public Railways
1.
about the requirements for the construction, maintenance, equipment, operation and traffic of the railroads according to the requirements of safety, according to the latest findings of the technology or after international agreements, with particular reference to:
a)
the requirement of Authorisations or advertisements,
b)
Regulations on prohibitions or restrictions on the placing on the market of railway vehicles, infrastructure or parts thereof, or whose identification,
c)
recurrent checks,
d)
the management of registers or Proof, including storage,
e)
Co-operating obligations of railway companies, manufacturers, including their authorised agents, placing on the market or holding of railway vehicles, infrastructure or parts thereof,
f)
the relevant procedure, including by way of derogation from the rules governing the Planning procedures
1a.
on general conditions for the carriage of passengers and their luggage by railways, and may also be subject to Information requirements, liability in the event of failure, delay or connection failure, notification and approval requirements, as well as the procedure including mediation; the regulations may be governed by Regulation (EC) No 1371/2007 in accordance with the provisions of Article 2 (5), in so far as the rail passenger transport system is concerned and the technical or economic circumstances or operational procedures require a derogation;
1b.
about the necessary regulations, including the method of protecting the installations and the operation of the railroads against disturbances and damage;
1c.
about the details of the management of the vehicle registration register, in particular on the data to be stored in the register, as well as on the data collection and data transmission; Only information on the identification of the holder and of the body responsible for the maintenance, as well as on the nature, equipment, marking and other legal and actual conditions of the Railway vehicle;
1d.
on the conditions and the procedure for the recognition and supervision of the notified bodies, and their procedures Activity;
1e.
on the more detailed conditions and the procedure for the recognition and supervision of the designated bodies and their activities;
1f.
about the more detailed requirements and the procedure for the recognition and monitoring of the test experts as well as their activities;
2.
about the conditions under which the obligations under Section 12 (2) can be dismissed;
3.
about the conditions under which a railway is granted or revoked by a railway, by means of proof of the requirements of section 6 (2) including the Procedures for the admission and determination of the applicant's personal suitability and competence as an entreponator or the persons appointed for the management of the business; in the legal regulation, regulations may be made by way of an examination of the subject the applicant as an entrepre or the person appointed for the management of the business, including the rules on the conduct and content of the examination, the performance assessment and the composition of the audit committee ,
4.
on the granting, suspension, restriction and withdrawal of the driver's licence, including the monitoring of the certification procedure, and the the keeping of a register of driving licences;
5.
a)
the requirements for the qualification and suitability of the railway operating staff, its training and examination, including the recognition of examiners as well as physicians and psychologists, who
b)
the establishment of an independent complaint body within the framework of the procedure for issuing certificates in the sense of the § § § 5 (1e) (8) (b),
c)
The management of registers of certificates issued within the meaning of Article 5 (1e) (8) (b) and of recognised persons. and entities within the meaning of Section 5 (1e) (8) (d),
d)
the appointment, confirmation and verification of plant managers and their duties and powers, including the procedure for obtaining permits and authorisations and their withdrawal or restriction;
6.
on non-discriminatory access on the railway infrastructure of another railway, in particular on the conditions for access, the rights and obligations of the parties concerned, including the cooperation and obligations of the operators of the railway infrastructure, the design of the Access, including the necessary contracts and legal relationships, as well as the rules on their entry and termination;
7.
on the principles of Collection of charges for the use of a railway infrastructure, which may include provisions relating to the bases of assessment and the procedure for payment of the remuneration;
7a.
about the details of the publication according to § 9a para. 1 sentence 2 no. 5 first half sentence as well as the suitability and powers of the authorized representative pursuant to § 9a para. 1 sentence 2 no. 5 third Half-sentence;
8.
on the obligation to cover the personal injury, property damage and other property damage caused by the operation of a railway
9.
over the chargeable individual public services according to § 7h (1) (1);
10.
about the specialist areas in which experts can work, as well as the requirements for the public appointment of experts for the construction, maintenance, The operation and transport of railways, their powers and obligations in the performance of their duties and their remuneration; the Regulation may, in particular, lay down provisions relating to: style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
the personal requirements, including age-related requirements, the beginning and end of the Order,
b)
the eligible subject areas, including the order requirements,
c)
the scope of the expert's obligations in the performance of his duties, in particular on the obligations to independent, non-refitted, personal, conscientious and impartial provision of services and of the insult; the conclusion of professional indemnity insurance and the extent of liability; the training and exchange of experience; compliance with minimum requirements in respect of the Performance as well as the recording of data on individual business operations and on the contracting entities
are taken;
11.
on subject matter, content and Scope and procedure for the investigation of dangerous events in the railway operation, including cooperation with foreign authorities and bodies of the European Union; in the regulation, provisions may in particular be made on
a)
the powers and investigative procedure of the competent authority,
b)
reporting and reporting of railways,
c)
reporting and reporting on the ,
d)
the content, publication and liability of the safety recommendations of the events in the field of dangerous events in the railway operation competent authorities
;
12.
on the requirements imposed by private bodies in the transfer of supervision and ,
13.
on the procedure for issuing the safety certificate and the national attestation in accordance with § 7a and the certificate issued by the Safety authorisation according to § 7c;
14.
on requirements for security management systems within the meaning of § § 7a and 7c; can also include display requirements as well as the
15.
on the requirements for the operational safety of public railways, which may also require notification and approval requirements, as well as the
16.
on access to training facilities and the requirements for training and training facilities, as well as display and training facilities. approval requirements as well as the procedure and registration;
17.
on common security methods to assess the accessibility and the Compliance with security requirements;
18.
on common safety objectives, which at least reach the individual areas of the rail system and the overall system
19.
about the requirements for a service responsible for maintenance and the procedure for issuing certificates in accordance with § 7g.
In case of of the first sentence of sentence 1 (1a) may also be adopted in order to protect the rights of travellers.(1a) In the case of legal orders referred to in the first sentence of paragraph 1, point 9, the fees may be fixed as fixed or time fees. In addition, the fees and charges waivers, the fee creditor, the fees payable, the extent of the expenses to be reimburzed and the fee collection may be regulated by way of derogation from the provisions of the Federal Fee Act.(2) In order to ensure the protection of the life and health of the crew as well as the personnel directly engaged in the operational management of the transport operations, the Federal Ministry of Transport and Digital Infrastructure will be responsible for the protection of the health of the personnel and the personnel. Authorized, with the consent of the Federal Council for Public Railways, to adopt legal regulations on
1.
Working times, driving times and their interruptions, and shift times,
2.
Rest times and Rest breaks,
3.
Activity evidence,
4.
the organization, the procedure, and the means the monitoring of the implementation of these legal regulations,
5.
the admissibility of deviating collective agreements relating to working hours, driving times, shift and Rest periods as well as rest periods and breaks in driving times.
(3) Legal regulations referred to in the first sentence of paragraph 1 shall be provided by the Federal Ministry of Transport and Digital Infrastructure and by the Federal Ministry of Transport and Tourism in so far as they concern environmental protection. Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety issued. The legal regulations referred to in the first sentence of paragraph 1 (1) (1a) shall be adopted in agreement with the Federal Ministry of Justice and for consumer protection and in consultation with the Federal Ministry of Food and Agriculture; in so far as a settlement is concerned , the agreement of the two previously mentioned Federal Ministries is required. The legal regulations referred to in the first sentence of paragraph 1, point 5, shall be adopted in agreement with the Federal Ministry of Education and Research. The provisions of the Vocational Training Act remain unaffected. The legal regulations referred to in paragraphs 1 and 2 for the protection of the life and health of workers and of staff shall be adopted in agreement with the Federal Ministry of Labour and Social Affairs. The legal regulations referred to in the first sentence of paragraph 1 (1) (7) and (9) shall be adopted in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy.(4) The Federal Ministry of Transport and Digital Infrastructure is authorized, with the consent of the Federal Council, to issue legal orders
1.
to take over the law of the European Communities or the European Union, insofar as it is subject to Articles 1 to 5 of the Railway Reorder Act or of the Federal Railways Construction Act, in German law as well as for the implementation of such right of the European Communities or the European Union;
2.
To lay down the scope of Council Regulation (EEC) No 1191/69, in so far as this Regulation allows it; the Regulation may stipulate that the national governments shall, by means of a regulation, lay down Regulation (EEC) No 1191/69 for companies whose activity is restricted solely to the operation of city, suburban and regional transport services, by way of derogation from the Federal Ministry of Transport and Digital Infrastructure's legal regulation
() In the case of non-public railways, the appropriations referred to in paragraph 1 shall apply in so far as the unity of the railway system requires it. The authorisation referred to in paragraph 2 shall apply to such railways in so far as they use the railway infrastructure of public railway infrastructure undertakings. In addition, the State governments are authorized to enact legal regulations for these companies; the national governments may transfer the authorization by means of a legal regulation.(6) The legal regulations referred to in paragraph 1 (1) may also lay down rules for the regulation of the building-supervisory procedure in detail or for the purpose of simplifying, facilitating or speeding up the construction-prudential procedure or giving discharge to the authorities. the powers of the supervisory authorities for the release of instructions on
1.
Scope, content and number of templates, as well as
2.
the required applications, displays, certificates and certificates.
various types of construction project will be subject to different requirements and procedures; it may also be laid down for certain projects that the approval or the construction test will be waived in whole or in part.(7) Legal orders referred to in paragraph 1 or 2, which shall apply exclusively to the implementation of the
1.
technical specifications published in the Official Journal of the European Union Interoperability within the meaning of Chapter II of Directive 2008 /57/EC,
2.
The specifications for the register of vehicles referred to in Article 33 of the Directive 2008 /57/EC,
3.
Specifications for the European register of approved types of vehicles in accordance with Article 34 of Directive 2008 /57/EC or
4.
Specifications for the infrastructure register provided for in Article 35 of Directive 2008 /57/EC
not subject to the approval of the Bundesrat; the relationship may also be the other legal regulations serving to ensure operational safety.(8) The Federal Ministry of Transport and Digital Infrastructure is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, and the Federal Ministry of Labour and Social Affairs, by means of a legal regulation Consent of the Federal Council to the Federal Railway Authority the power to adopt a legal regulation pursuant to the first sentence of the first paragraph of paragraph 1, also in conjunction with the first sentence of paragraph 5 and paragraph 6, to be transferred in whole or in part, in so far as technical details are available for Planning, design and construction are exclusively affected by the federal railways operating systems. Legal regulations of the Federal Railway Office do not require the approval of the Bundesrat; these legal regulations do not apply to the first and fifth sentences of the first paragraph. Non-official table of contents

§ 27 General administrative provisions

The Federal 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 for the implementation of the legal regulations enacted pursuant to section 26 (2), general administrative provisions, in particular on the application of a Irregularities in accordance with Article 28 (1) (4), (5) and (8). Non-official table of contents

§ 28 Administrative Offences

(1) Contrary to the law, who intentionally or negligently
1.
without permission pursuant to § 6 para. 1 sentence 1 provides rail transport services, as a holder of Railway vehicles are self-employed in railway operations or operate railway lines, control systems and safety systems or platforms,
2.
contrary to § 7a para. 1 sentence 1 or 4 sentence 1 of the public railway operation,
2a.
contrary to § 7b (1), also in conjunction with Section 7c (4), a change not or not in good time
2b.
pursues a public railway infrastructure contrary to § 7c (1) sentence 1,
2c.
(omitted)
2d.
as the company is responsible in violation of § 7f paragraph 1 sentence 1 without permission Start operation or extend the operation,
2e.
as the person in charge of the company, contrary to § 7f para. 3, an advertisement not, not correct or not in time refunded,
2f.
without a certificate in accordance with § 7g (1) sentence 1,
3.
without Approval pursuant to § 12 (3) sentence 1 of the railway transport services pursuant to § 3 no. 1,
4.
as the person responsible in the company contrary to § 12 para. 2 sentence 1 fares are not or not in the manner prescribed there, or contrary to § 12 (2) sentence 2, tariffs shall not apply in the same way to any person,
5.
(omitted)
6.
a legal regulation after
a)
§ 26 para. 1 no. 1 letter a, b or c, no. 1b, 11, or 15,
b)
§ 26 (1) (1) (d) or (e), No. 10, 14 or 16, or
c)
§ 26 (1) (4) or (5) or (2) No. 1 to 3 or 4
or a enforceable order under such a decree, provided that the legal regulation refers to that fine for a given case or
7.bis 8.
(omitted)
9.
a bid or ban on a railways regulation of the European communities or of the European Union or of a enforceable order under such a regulation, to the extent that a legal regulation referred to in paragraph 3 refers to that fine for a given offence.
(2) In the cases referred to in paragraph 1 (5) and (6) (b), the administrative offence may be punishable by a fine of up to ten thousand euro and, in the other cases referred to in paragraph 1, with a fine of up to 50 000 euro.(3) The Federal Government is empowered to designate, by means of a regulation with the consent of the Federal Council, the facts which may be punishable as an administrative offence under paragraph 1 (9), in so far as this is necessary for the implementation of the Regulation in question. is required. Non-official table of contents

§ 29 Responsibility for the prosecution and prosecution of administrative offences

(1) Administrative authority within the meaning of section 36 (1) No. 1 of the Law on Administrative Offences is in the event of administrative offences in the area of companies subject to the supervision of the Federal Railway Authority, this authority, insofar as not according to § 64b (3) of the Railway-Building and Operating Regulations of 8. May 1967 (BGBl. II p. 1563), which was last amended by Article 7 of the Law of 21. June 2002 (BGBl. 2191), and in accordance with Article 49 (3) of the railway construction and operating rules for narrow-gauge railways of the 25. February 1972 (BGBl. 269), which was last amended by Article 6 (132) of the Law on the Law of the Railways of 27 June 2009. December 1993 (BGBl. 2378), which is the responsibility of the Federal Police Department in accordance with Section 58 (1) of the Federal Police Act.(2) In addition to the administrative authorities designated in § § 37 and 38 of the Act on Administrative Offences, the administrative authority shall also be responsible for prosecuting and punking the administrative offences referred to in § 28 (1) (2a) to 2e or 6 (c). in the district of which the business branch of the holding company is located, where the person concerned is active; § 39 of the Code of Administrative Offences shall apply mutagentily.(3) If there is a breach of staff of the Bundeseisenbahnassets or employees of railways of the Federation, paragraph 1 shall apply accordingly. Non-official table of contents

§ 30 Transitional system for rail passenger transport of federal railways

Up to the 31. The Federal Ministry of Transport and Digital Infrastructure is also the competent authority within the meaning of Regulation (EEC) No 1191/69 of the Federal Council of Federal Railways, as far as it is concerned. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
rail passenger fares for these railways,
2.
Editions on the basis of Article 1 (5) and (6) of Council Regulation (EEC) No 1191/69 on the rail passenger transport of these railways.
Non-official Table of Contents

§ 31 Self-Employed Participation in Railway Operation

For owners of railway vehicles, which are self-employed In the case of railway undertakings and not complying with the conditions laid down in Article 2 (1) and (2), unless otherwise specified, the rules applicable to non-public railway undertakings shall apply accordingly. Non-official table of contents

§ 32 Non-Self-Employed Participation in Railway Operation

For holders of railway vehicles that use the , unless otherwise specified, the rules applicable to non-public railway undertakings shall apply mutatily to the extent to which they relate to: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
rail oversight,
2.
the charges and outlays of individually attributable public services,
3.
the obligation to become
unofficial table of contents

§ 33 (omitted)

A non-official table of contents

§ 34 Network Advisory Council

If it is necessary for the development, expansion or maintenance of rail routes, an operator of the rail system is at the request of the competent supervisory authority to set up an independent network advisory board. The Network Advisory Council has the right to make recommendations on the development, development and maintenance of the rail routes. The Board of Directors of the railway operator shall make these recommendations the subject of its deliberations. The network advisory board shall appoint representatives or representatives of railway undertakings and the bodies designated pursuant to section 1 (2) of the regionalisation act by the competent supervisory authority. The network advisory board is to have no more than 15 members. Non-official table of contents

§ 35 Railway Infrastructure Advisory Board

The Railway Infrastructure Advisory Board has the task,
1.
the regulatory authority in performing its tasks and creating the report according to § 14b (4) advising,
2.
making proposals to the regulatory authority for the priorities of its activities.
It is entitled to the regulatory authority, To obtain information and opinions. The regulatory authority shall be required to provide information in that regard. Non-official table of contents

§ 35a Railway Safety Advisory Board

(1) The Railway Safety Advisory Board has the task of the Federal Railway Authority (Federal Railway Authority) To advise on the performance of its duties as a safety authority and to promote cooperation between the Federal Railway Authority as a safety authority and the top national authorities responsible for the railway supervision.(2) The Railway Safety Advisory Board is an opportunity to comment on general questions relating to the application of the law by the Federal Railway Authority as a safety authority, in particular with regard to the principles of the To exercise discretionary powers and to interpret unspecified legal terms.(3) Security certificates according to § 7a (1) or security approvals according to § 7c (1) for non-federal railways require the Benehmens with the Railway Safety Advisory Council (Railway Safety Advisory Council). In cases of urgency, safety certificates or security authorisations may also be issued without consultation; in such cases, the Railway Safety Advisory Council shall be notified retroactively.(4) The Railway Safety Advisory Board shall be entitled to obtain information and opinions in relation to the Federal Railway Authority. The Federal Railway Authority shall be subject to information. Non-official table of contents

§ 36 Opinion of the Monopolies Commission

The Monopolies Commission shall draw up an opinion every two years in which it shall state the state of the art and the foreseeable development of competition and the question as to whether there is effective and undistorted competition within the meaning of Article 1, pays tribute to the application of the provisions of the railway law and to other current competition policy Questions relating to the operation of railways shall take a position. The opinion is to be completed in the year in which no major opinion is presented under Section 44 of the Law on Competition Restrictions. Non-tampering table of contents

§ 37 Suspensive effect of legal remedies

Contradiction and action against decisions in accordance with § § 14c, 14e and 14f do not have suspensive effect. Non-official table of contents

§ 38 Additional Transitional Rules

(1) The railway infrastructure of a non-federal Railway infrastructure company, whose authorisations are up to 1 In the case of a country, another country, the authorisations granted to date will continue to apply and from 1 July 2002 onwards. July 2003 as the approval of the country in which the railway infrastructure is located, unless the participating countries have until then agreed otherwise in accordance with Article 5 (1b) No. 2 sentence 2. The first sentence shall apply to the supervision of the railway system.(2) On Railways, which for the first time from the 30. In accordance with Article 14 (1) of this Directive, the railway construction and operating regulations, the railway signalling system 1959 and the railway operating ladder regulation are to be granted in April 2005, until the adoption of a regulation in accordance with sentence 3. no application. These railways are subject to the respective national rules on the operational safety of non-public railways. The Federal Ministry of Transport and Digital Infrastructure is authorized to determine, by means of a regulation with the consent of the Bundesrat, that the first and second sentences are no longer to be applied, in so far as it is applicable to the uniform regulation of the Operational safety of all regular-track railways is required.(3) The one who is on the 29. April 2005 activities according to § 6 para. 1 already lawfully exercised, is to be granted on request the approval pursuant to § 6 para. 1 without the requirements of § 6 para. 2 being examined. Sentence 1 shall apply only if the permit is up to 1. The Commission shall apply.(4) Railways, starting from the 30. No more than the obligation to make insurance pursuant to § 1 of the Railway Liability Ordinance pursuant to Section 1 (2) (2) of this Regulation shall be exempted from the obligation to provide proof of the existence of insurance for the supervisory authority competent pursuant to section 5 of this Regulation. up to 1. The European Parliament and the Council.(5) Rail transport undertakings, which shall be on the 30th In April 2005, the safety certificate shall be valid until 1 April 2005. November 2005. The safety certificate shall be deemed to be provisionally granted in the event of a timely application pending the occurrence of the indisputable decision on the application.(5a) Rail transport undertakings which shall be up to 1 A safety certificate in accordance with § 14, paragraph 7, in the up to 20 November 2005 The European Parliament and the Council of the European Union have not yet decided to apply in force until the end of the year, and the application for this resolution has not yet been subject to an unquestionable decision A safety certificate shall be issued in April 2007. The safety certificate in accordance with the first sentence or one before the 21. The safety certificate issued in April 2007 shall be valid until the end of the 31 December 2007. December 2010.(5b) Public railway undertakings, which shall be on the 21. The safety certificate or the national certificate referred to in § 7a until the end of the 31 December 2007 shall be held at the railway establishment. December 2008.(5c) Public railway infrastructure undertakings, which shall be 21. The safety authorisation in accordance with § 7c up to the 21 April 2007 has already been approved by the railway company. October 2007. The first sentence shall not apply to public railway infrastructure undertakings which operate exclusively service facilities or networks of regional transport which do not have a connection to another country. In the event of a timely application, the security authorisation shall be deemed to be provisionally granted until the decision on the application has been indisputable.(5d) As far as a safety certificate, which according to § 14 (7) in the up to the 20. The Commission shall immediately apply for a safety certificate in accordance with section 7a (1) or a national certificate pursuant to section 7a (4) of this Regulation, which must be renewed, amended or renewed for other reasons. The safety certificate or national certificate requested in accordance with the first sentence of this Article shall be deemed to be provisionally granted on the basis of the application pending the invalidity of the decision on the application in question.(5e) Those on 21. The approval pursuant to Section 7d (4) of the German Law on Obligations under Section 7d (4) has already been issued by a training institution within the meaning of Section 7d (1) of this Regulation and is not exempt from the obligation to approve the approval procedure. October 2007. The authorisation shall be deemed to be provisionally granted in the event of a timely application pending the occurrence of the indisputable decision on the application.(5f) The bodies responsible for the maintenance of freight wagons, which shall be 31. May 2012 already operate, have the maintenance services certificates according to § 7g up to the end of the 31. January 2013. In the event of a timely application, the maintenance certificate certificate shall be deemed to be provisional until the decision on the application is indisputable, until the end of the period up to the 31. May 2013. No maintenance site certificate is required
1.
Railways, which is 31. The safety certificate or safety permit issued in May 2012 shall be valid for the period of validity or the
of the safety certificate
2.
for the maintenance of freight wagons. Positions that are on the 31. A certificate on the basis of the certificate issued by the Federal Republic of Germany on 14 May 2012 On the basis of the Memorandum of Understanding for the establishment of the principles of a common system for the certification of the maintenance of freight wagons, the Memorandum of Understanding for the period of validity of the Memorandum of Understanding has been drawn up in May 2009, for the period of validity, and May 2015.
(6) § 23 is only on applications that are after the 30. The European Parliament and the Council are to apply.(7) Die on 29. Legal and judicial procedures on access to railway infrastructure pending before the end of April 2005 will be subject to the current rules and
1.
up to the end of the 31. December 2005 by the Federal Railway Authority,
2.
starting from 1. January 2006 by the regulatory authority
.(8) From 1. January 2010 may apply to train paths on special routes within the meaning of Article 24 of Directive 2001 /14/EC, which are used by applicants already up to 31 years of age. On these train paths, a single renewable framework agreement with a duration of five years will be concluded in December 2009 on these train paths. If the possibility of an extension is agreed, the framework contract shall be subject to the approval of the regulatory authority. The authorisation shall be granted where contractual ties or special investments are proved. The sentences 2 and 3 do not apply to framework contracts with persons entitled to access in accordance with Section 14 (2) (3) and (4).

Footnote

§ 38 (4) italic printing: Should the "Railway Liability Insurance Regulation" be correct, the following are: unofficial table of contents

§ 39 Transitional rules for planning

(1) Before the 17. In accordance with the provisions of this Act, the planning procedures or the planning approval procedures applied for in December 2006 shall be those of 17 December 2006. The Council continued to apply in force on 19 December 2006. Section 11 (2) of the Road Traffic Planning Acceleration Act remains unaffected.(2) § 18c shall also apply to planning decisions and planning permits, which shall be taken before the 17. The report was adopted by the Council in December 2006, in so far as the plan has not yet been repeal. Non-official table of contents

§ 40 Transitional dates

(1) § § 2, 14 and 14b are up to the end of the 31. December 2009, in its 28. May 2009 apply.(2) § 14g is from 1. 1 January 2010. Non-official table of contents

Asset (to § 18e para. 1)
Rail routes with first instance jurisdiction of the Federal Administrative Court

(Fundstelle: BGBl I 2006, 2835) Preface:
For the purpose of the installation, mean
1.
ABS: Expansion section,
2.
NBS: Neubauhaul.
The rail tracks also include the facilities required for the operation of rail tracks. The rail paths begin and end at the node points where they are connected to the existing network.

Lfd. No. Projects
1 ABS Lübeck/Hagenow Land-Rostock-Stralsund
2 ABS Leipzig-Dresden
3 ABS Hamburg-Lübeck
4 ABS Hamburg-Öresundregion
5 ABS/NBS Hamburg/Bremen-Hannover
6 ABS Stelle-Lüneburg
7 ABS Oldenburg-Wilhelmshaven/Langwedel-Uelzen
8 ABS Uelzen-Stendal
9 ABS Rotenburg-Minden
10 ABS Minden- Haste/ABS/NBS Haste-Seelze
11 ABS Berlin- Pasewalk-Stralsund (-Skandinavien)
12 ABS Berlin-Rostock (-Skandinavien)
13 ABS Berlin -Dresden
14 ABS Hoyerswerda-Horka border D/PL
15 ABS/NBS Hanau-Würzburg/Fulda- Erfurt
16 NBS Rhein/Main- Rhein/Neckar
17 ABS Düsseldorf-Duisburg (Rhein-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
22ABS Munich-Rosenheim-Kiefersfelden-boundary D/A