General Magnetic Levitation Act

Original Language Title: Allgemeines Magnetschwebebahngesetz

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General magnetic levitation Act (AMbG) AMbG Ausfertigung date: 19.07.1996 full quotation: "General magnetic levitation Act of 19 July 1996 (BGBl. I S. 1019), most recently by article 4 paragraph 122 of the Act of August 7, 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 4 para 122 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 25.7.1996 +++) § 1 scope of application this Act applies for magnetic levitation.

§ 2 public magnetic levitation Maglev serve public transport (public magnetic levitation), if they operate businesslike or commercial - and anyone can use them for their intended purpose to persons or goods.

Section 3 safety regulations the magnetic hovering railway companies are obliged to run their business, to build the magnetic levitation train routes, other magnetic levitation systems, vehicles and accessories and be kept in safe condition.

§ 4 tasks the Federal Railroad Office (1) is the federal railway authority of § 1 para 2 of the magnetic levitation Planning Act of 23 November 1994 (Federal Law Gazette I p. 3486) also supervisory and approval authority for magnetic levitation in relation to this Act and the regulations based on this.
(2) responsibility for the federal railway Office under this Act the following tasks: 1 the exercise of supervision over the magnetic levitation train companies, in particular the technical supervision, 2. the issuing and revocation of an operating licence, 3. the exercise of sovereign powers as well as other supervisory and participation rights in accordance with laws and regulations; 4. the professional study of faults in the magnetic levitation train operation.
(3) fees and expenses will be charged for individually attributable public services of the railway Federal Office. Until the entry into force of the regulation according to § 10 paragraph 1 the charges in each case on the basis of the administrative burden associated with the individually attributable public performance and the importance of the economic value or other benefits of this performance for the fees borrowers, taking into account the economic circumstances of debtor's fees are number 7 to set.
(4) the duties of the technical supervision of equipment and vehicles by magnetic levitation train companies can be transferred by Decree of the Federal Ministry of transport, building and urban development of any other public or private entity. This is subject to the legal supervision by the federal railway Office.
(5) compliance with occupational safety regulations is monitored by the authorities in accordance with these rules. For vessels of magnetic suspension railway companies and their equipment directly used ensure the operating performance, the Federal Ministry for transport, building and urban development, in consultation with the Federal Ministry of labour and Social Affairs can transferred responsibility by decree with the consent of the Federal Council to the federal railway authority.

§ 5 granting and refusal of approval (1) without a permit may not be operated public magnetic levitation.
(2) the permit is granted upon request if 1 the applicant as the people ordered for the conduct of business and entrepreneurs are reliable, 2. the applicant as an entrepreneur financially powerful, 3 the applicant as entrepreneurs, or for the conduct of business ordered persons have the required expertise and thus offer a guarantee for a safe operation.
(3) applicants can be any natural person, the nationals of a Member State of the European communities. The same applies to companies, legal persons and authorities that were established under the legislation of a Member State of the European communities and have their registered office, Central Administration or principal place of business within the European Community.

§ 6 revocation of approval (1) the licensing authority has to withdraw the approval if one of the conditions of § 5 para 2 no longer exists.
(2) upon request of the licensing authority, the magnetic levitation train company has the evidence to do that legally incumbent labour, social and fiscal obligations are met. The financial authorities do the approval authorities in communication about the repeated non-fulfilment of tax obligations or disposal of the asset information according to § 284 of the tax code. The release of the financial authorities may be used only for purposes of revocation proceedings.

§ 7 obligation to carry are public magnet suspension railways for the transport of persons and luggage is obliged, if 1 the conditions are met, 2. the carriage with the regularly-used means of transport is possible and 3 carriage not by circumstances prevents could on which do not use the magnetic levitation train companies, and it also does not help that.

Article 8 tariffs (1) tariffs are the transport rates and conditions of carriage. The magnetic levitation train company is obliged to participate, 1 for the transport of persons, covers subsequent railways of public transport, set up direct clearance, tariffs continuous 2. passenger transport deliver on.
(2) companies that operate public magnetic levitation, are obliged to make passenger tariffs that contain all details which are necessary for the calculation of the fee for the carriage of persons and for ancillary services in passenger traffic, as well as all other provisions relevant for the transport of. Tariffs must be applied to everyone in the same way pursuant to sentence 1.
(3) without prior approval of the conditions of carriage, no magnetic levitation train services may provide public magnetic levitation train company. The approval authority may waive the authority for approval. The permission is considered to have been given, if a statement of authority goes to the public magnetic levitation train company 1 within a period of two weeks after receipt of your application or 2. within a period of six weeks after receipt of your application a deviating from the application decision of the permitting authority goes to.
(4) the tariffs referred to in paragraph 2 must be made known. Its transport fees or other for the customer-adverse changes in the conditions of carriage are effective at the earliest one month after the announcement. The approval authority can approve an abbreviation of the notice period for the application of the conditions of carriage. The approval must be indicated in the notice.

§ 9 the competent authority monitoring (1) to carry out their monitoring duties has following powers: 1 you may enter plots, equipment, premises and means of transport of holdings to be monitored within the normal business working hours, there carry out checks and investigations and inspect documents including technical records of the respondents and evaluate.
2. the supervisory authority may require information about all facts of magnetic levitation train companies and the professionals in the business who are to carry out the monitoring tasks of importance. The information is accurately and completely to grant. The obligated party to the information the information on such questions, may refuse the answers himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383 paragraph 1 according to the law of administrative offences. The debtor is to instruct his Mellifluent.
(2) the magnetic levitation train companies and persons working in the business have the necessary tools to the supervisory authorities and their representatives in the implementation of the monitoring measures and to provide the necessary support services.

§ 10 will legal regulations (1) the Federal Ministry of transport to ensure of safety and order in the magnetic levitation transport, or for the protection of life and health of the workers, building and urban development authorized for public magnetic levitation to adopted regulations, General conditions for the transport of persons by maglev train in accordance with the rules of commercial law rules 1 containing the necessary provisions on the protection of the facilities and operation of magnetic levitation to errors and damage 2. , 3 the conditions determine under which of the obligations according to § 8 para 2 cannot be derogated from, 4.
determine the conditions under which a permit issued a magnetic levitation train company or they will withdraw about the verification of the requirements of § 5 para 2 including the procedures of approval and the assessment of personal suitability and qualifications of the applicant as entrepreneurs or any person appointed for the conduct of business; under the Ordinance can on an assessment of the vocational skills of the applicant as entrepreneurs or the persons appointed for the conduct of business including rules for process and content of the examination, the performance evaluation and the composition of the Audit Committee are arrangements, the granting, limitation and withdrawal of permission to drive magnetic levitation vehicles rules 5, 6 training and the requirements of the qualifications and suitability of the magnetic levitation train operating personnel and the order , Confirmation and examination of managers as well as their functions and powers, including the procedure for obtaining permits and permissions and whose deprivation or limitation concern, 7 the fees and expenses for individually attributable public services of the railway Federal Office under this Act concern.
(2) to ensure of the protection of life and health of crews of vehicles and staff, which is used directly in operational processing of the carriage is authorised to adopt legal regulations about 1 hours, travel time and their interruptions and shifts, the Federal Ministry for transport, building and urban development 2. rest periods and rest breaks, 3. evidence of activity, 4. the Organization, the procedure and the means of monitoring the implementation of these legal regulations 5. the admissibility of different collective agreement provisions on working hours , Travel times, layer - and rest periods and breaks and interruptions of travel times.
(3) Regulations No. 6 are in agreement with the Federal Ministry for education and research, adopted pursuant to paragraph 1. The provisions of the vocational training Act remain unaffected. Regulations issued pursuant to paragraphs 1 and 2 for the protection of life and health of the workers and staff in consultation with the Federal Ministry of labour and Social Affairs.
(4) for maglev trains, which are not public transport, the appropriations apply referred to in paragraph 1 in so far as it requires the unit of magnetic levitation train operation. The authorization applies pursuant to paragraph 2 for these magnetic levitation insofar as they use routes public magnetic levitation.

§ 11 General administrative provisions the Federal Ministry for transport, building and urban development may adopt in consultation with the Federal Ministry of labour and Social Affairs to carry out the regulations of general administrative provisions adopted on the basis of article 10, paragraph 2, in particular about the punishment of offences.

§ Any person is 12 offences (1) who intentionally or negligently magnetic levitation train services according to § 2 provides 1 without permission according to § 8, paragraph 3, sentence 1, 2 as in the company responsible for contrary to section 8, paragraph 2, sentence 1 establishes rates or not in the prescribed manner or contrary to section 8, paragraph 2, sentence 2 tariffs against anyone not in the same way 3 as in company management or working in the business person a Maglev contrary to section 9 applies, a) information not , incorrectly, incompletely or not timely issued, b) documents not or not timely issued, 4. a legal regulation according to § 10 para 1 is no. 2, para. 2, or an enforceable order on the basis of such legal regulation, insofar as the legal regulation for a specific offence refers to this fine provision.
(2) the offence can in cases of paragraph 1 No. 3 with a fine up to five hundred euros, in cases of paragraph 1 No. 1, 2 and 4 with a fine are punishable up to five thousand euros.

§ 13 jurisdiction for the prosecution and sanctioning of offences administrative authority within the meaning of § 36 para 1 No. 1 of the code of administrative offences is the federal railway authority.

Based on § 14 parts of there amended legal regulations can be changed on the basis of the applicable authorization by regulation § 14 - section 15 return to regulation uniform, rank.

Article 16 entry into force this law enters into force on the day after the announcement.